5,622 Florida cases classified under this topic, plus 6,128 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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Frank Begel appealed an interlocutory order granting a temporary injunction that prohibited him from advertising his bail bond business under his own name in Dade and Broward Counties, and also appealed the denial of his motion for a protective order against an overly broad disco
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349 So. 2d 710·
Fla. 1st DCA·
1977-08-17
·cited 5×
A Florida appellate court resolved a jurisdictional dispute between two circuit courts over ownership of cattle levied upon in a judgment execution. The court held that a Marion County circuit judge exceeded his jurisdiction by enjoining an execution sale ordered by an Okeechobee
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336 So. 2d 556·
Fla.·
1976-04-21
·cited 5×
The Florida Supreme Court upheld statutes authorizing the Department of Natural Resources to introduce fish species into state waters for aquatic weed control without obtaining a permit from the Game and Fresh Water Fish Commission. The court harmonized two constitutional provisi
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307 So. 2d 223·
Fla. 4th DCA·
1975-01-17
·cited 5×
This case involves three consolidated appeals concerning the dissolution of a family cattle partnership between E. H. Kilbee and his son W. G. Kilbee, and disputes over ownership and division of partnership assets. The appellate court reversed the trial court's finding that each
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291 So. 2d 40·
Fla. 3d DCA·
1974-02-12
·cited 5×
The Florida District Court of Appeal, Third District, addressed whether a city zoning ordinance requiring 20% owner consent for variance applications was unconstitutional. The court held that while such provisions can be valid, they are unconscionable and inapplicable when the pr
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483 F.2d 820·
10th Cir.·
1973-08-23
·cited 5×
The court held that while the initial disciplinary proceedings and probation were not constitutionally deficient due to student acquiescence, the ultimate dismissal for wearing a hat at graduation requires a determination of whether that act involved constitutional rights.
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The court held that the district judge did not abuse his discretion in refusing to issue a preliminary injunction.
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The court held that the injunction previously entered should be modified to permit the publication of names of students absent from school, and continued in effect pending expedited litigation.
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243 So. 2d 210·
Fla. 3d DCA·
1971-01-19
·cited 5×
The Board of Public Instruction of Dade County appealed from a judgment permanently enjoining it from requiring teachers to pass the National Teachers' Examination (NTE) as a condition of reappointment. The court affirmed the injunction as to the NTE specifically, holding that th
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The court held that due to changed circumstances, no temporary relief is required, and the appeal concerning the injunction pending appeal is moot.
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The appellate court affirmed the district court's decision, finding that the University failed to meet the 'clear and present danger' test for denying a student's request to invite a speaker.
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The court held that the Administrator's temporary operation of the power station, even if the initial loan was improvidently made without full state consent, is permissible under Section 7 of the Act to protect the government's security interest for a limited period.
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218 So. 2d 519·
Fla. 3d DCA·
1969-02-11
·cited 5×
Miami Beach enacted Ordinance 1652 establishing a Tourist Development Authority before the enabling state legislation became effective, but included a contingency clause making the ordinance effective only upon the enabling act becoming law. The city later passed Ordinance 1707 t
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202 So. 2d 760·
Fla. 3d DCA·
1967-08-22
·cited 5×
Eastern Realty Company, as successor to subdivider Walter Flanders, sought to quiet title to a park strip in Miami that had been dedicated to lot owners, and to enjoin the City of Miami from developing adjacent bay lands. The court affirmed that the subdivider retained legal titl
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197 So. 2d 3·
Fla.·
1967-03-29
·cited 5×
The Florida Bar sought to hold a title company and its president in contempt for unauthorized practice of law by preparing legal documents and representing parties in real estate closings. The Florida Supreme Court approved the referee's findings that the respondents engaged in u
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188 So. 2d 380·
Fla. 3d DCA·
1966-06-28
·cited 5×
This case addresses whether union activities pressuring a non-unionized employer to enter into a union contract violate Florida's right-to-work amendment. The court affirmed an injunction against the union, finding that the union's primary and secondary economic pressures violate
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173 So. 2d 501·
Fla. 2d DCA·
1965-04-02
·cited 5×
Scott appealed a lower court decision upholding a voter initiative ordinance that changed the planned location of a municipal theatre and convention hall from a city park to downtown Orlando. The Florida District Court of Appeal affirmed, holding that the selection of a facility'
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343 F.2d 162·
5th Cir.·
1965-03-31
·cited 5×
The court held that the annexation of territory by a home rule city is a political matter within the state's power, and the district court correctly dismissed the suit challenging the annexation on constitutional grounds.
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340 F.2d 104·
5th Cir.·
1965-01-12
·cited 5×
The court held that a strike not expressly prohibited by the Railway Labor Act and not requiring interpretation of the Act for a breach of contract claim does not present a federal question, thus federal jurisdiction is lacking.
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170 So. 2d 317·
Fla. 3d DCA·
1964-12-29
·cited 5×
This interlocutory appeal addresses whether a defendant in an insurance coverage declaratory judgment action should be permitted to amend its answer to raise a counterclaim regarding the extent of liability. The court reversed the trial court's denial of the amendment, holding th
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Residents of the unincorporated town of Olga sought a mandatory injunction requiring the state and county to replace a public bridge removed during a river-widening project and relocated five miles away. The court reversed dismissal and held that plaintiffs failed to state a caus
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151 So. 2d 37·
Fla. 1st DCA·
1963-03-12
·cited 5×
This case involves a dispute over the Volusia County Board of Commissioners' rejection of a petition to relocate the county seat. The court granted mandamus relief to require the Board to properly reconsider the petition according to statutory requirements and enjoined constructi
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316 F.2d 375·
D.C. Cir.·
1963-02-14
·cited 5×
The court held that the district court properly dismissed the complaint because the appellant had consented to the procedure followed by the Post Office Department and therefore could not complain about the outcome, and because there was no case or controversy with the FTC.
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The appellate court affirmed the lower court's denial of a motion to dissolve a temporary injunction, finding no abuse of discretion by the chancellor. The court also noted that the issue of the injunction bond was not properly raised on appeal.
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136 So. 2d 243·
Fla. 3d DCA·
1962-01-04
·cited 5×
Plaintiff homeowner sued adjoining neighbors for encroaching structures and for building an addition in violation of a zoning ordinance, but the trial court struck the zoning violation claims. The appellate court reversed, holding that the plaintiff's complaint stated a cause of
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131 So. 2d 39·
Fla. 3d DCA·
1961-06-05
·cited 5×
When a licensed business cannot be operated without permitting acts constituting an adjudicated public nuisance, a chancellor has authority to enjoin all operation of that business, not merely the unlawful acts, to suppress the nuisance.
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127 So. 2d 905·
Fla. 1st DCA·
1961-03-07
·cited 5×
This case involves a challenge to a city's annexation ordinance. The appellate court dismissed the appeal as moot because the ordinance was enacted after the lawsuit was filed and the injunction was sought, rendering the requested relief ineffective.
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The court, in part, enforced the Board's order but dissented from its application to 'any other employers' beyond the specific parties and issues presented.
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117 So. 2d 538·
Fla. 3d DCA·
1960-01-28
·cited 5×
The Florida Industrial Commission challenged a declaratory decree holding that a real estate broker's salesmen were independent contractors exempt from workers' compensation coverage. The court affirmed the lower court's decision, holding that real estate salesmen working under t
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112 So. 2d 897·
Fla. 1st DCA·
1959-02-12
·cited 5×
The State Board of Conservation appealed a trial court's permanent injunction against enforcement of one of its rules. The appellate court denied the State's motion to dissolve the injunction bond posted by the successful applicant, holding that the bond remains in force during t
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235 F.2d 209·
2d Cir.·
1956-07-24
·cited 5×
The court granted the motion for a stay of proceedings pending appeal.
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195 F.2d 385·
2d Cir.·
1952-03-17
·cited 5×
The court held that the immigration authorities have the statutory authority to order the detention and deportation of alien seamen hired in the United States, even if they possess documents qualifying them for service on American vessels.
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The court held that the trial court had jurisdiction to order restitution and that the defendant's claims of mistake and incomplete construction were not supported by evidence.
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188 F.2d 1011·
D.C. Cir.·
1951-03-29
·cited 5×
The court held that the trial court's findings of fact were not clearly erroneous and that the alleged agreement was not a legally binding contract, nor were conditions precedent met.
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176 F.2d 441·
7th Cir.·
1949-07-19
·cited 5×
The court held that the prior decision and mandate did not prohibit the defendant from using its corporate name, only its use of the trade name 'Consumers' in marketing fuel oil.
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160 F.2d 915·
D.C. Cir.·
1947-03-24
·cited 5×
The court's construction of 'ex-servicemen' conflicts with ordinary usage and legislative purpose, and the appellees were not 'ex-servicemen' when the Act was passed.
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141 F.2d 348·
5th Cir.·
1944-03-10
·cited 5×
The court held that the promise to pay deferred interest as consideration for the bondholders' agreement to a call provision is not severable from the call provision itself. If the deferred interest is deemed unenforceable, bondholders are entitled to assume the position of holde
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152 Fla. 862·
Fla.·
1943-05-04
·cited 5×
American Surety Company sought specific performance and equitable remedies against the Murphy estate after failing to file a probate claim within the statutory deadline. The Florida Supreme Court affirmed dismissal, holding that where an adequate legal remedy exists, equity will
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148 Fla. 690·
Fla.·
1941-12-02
·cited 5×
The Florida Supreme Court upheld an injunction against the Sheriff of Leon County preventing interference with the operation of a coin-operated slot machine depicting miniature horses racing, holding that such amusement machines that do not dispense prizes or rewards are lawful u
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147 Fla. 165·
Fla.·
1941-05-27
·cited 5×
The court held that prior possession does not grant rights against the State's title, and adverse possession does not apply against the State.
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147 Fla. 100·
Fla.·
1941-05-13
·cited 5×
Fleischer Studios challenged the ad valorem taxation of its motion picture studio and equipment in Dade County, claiming exemption under Section 14, Article IX of the Florida Constitution, which exempted new motion picture studios from taxation for fifteen years. The Florida Supr
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146 Fla. 145·
Fla.·
1941-02-14
·cited 5×
The Florida Supreme Court affirmed a lower court's denial of a motion to dismiss and motion for compulsory amendment in a zoning ordinance challenge. The case addresses whether a complainant must disclose the date of property acquisition and provide deed copies as part of the bil
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144 Fla. 536·
Fla.·
1940-10-08
·cited 5×
The Florida Supreme Court affirmed an injunction preventing the Everglades Drainage District from certifying certain lands for drainage tax collection, holding that while a prior mandamus writ required the Board to list the lands, the Board retained discretion to exempt non-taxab
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114 Fla. 380·
Fla.·
1934-04-02
·cited 5×
The Supreme Court denied an application for a constitutional writ, sought to preserve estate property pending an appeal. The writ was requested because the lower court denied a motion to appoint a receiver and injunction to manage a decedent's business during a will validity disp
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112 Fla. 596·
Fla.·
1933-11-09
·cited 5×
Harry E. Platt, a Miami City Commissioner, sought an injunction to block recall proceedings against him, arguing they failed to comply with statutory requirements. The Florida Supreme Court reversed the trial court's dismissal and granted the injunction, holding that substantial
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105 Fla. 421·
Fla.·
1932-05-05
·cited 5×
St. Lucie Estates and Florida Growers sought equity relief to enjoin the sale of promissory notes and mortgages held by a bank receiver, alleging the principal note was procured by fraud and mistake regarding a non-existent debt. The Florida Supreme Court reversed the lower court
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92 Fla. 770·
Fla.·
1926-10-20
·cited 5×
This case involves a dispute over a triangular strip of land claimed by both a city for street purposes and an individual through adverse possession. The court affirmed the lower court's decision, finding that the city failed to prove dedication and acceptance, and that the indiv
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85 Fla. 378·
Fla.·
1923-04-07
·cited 5×
The court considered whether a railroad company could obtain a mandatory injunction to remove a telephone company's poles and wires from its right-of-way after the telephone company had already constructed them without consent or compensation. The court held that a mandatory inju
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81 Fla. 375·
Fla.·
1921-03-22
·cited 5×
This case concerns whether a county can levy taxes for bond interest and sinking funds before the bonds have been sold and delivered. The court held that taxes cannot be levied until the bonds are "issued," meaning delivered, not just authorized or dated. This decision clarifies