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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437 So. 2d 222·
Fla. 4th DCA·
1983-09-14
·cited 4×
Sattellite Industries appeals the denial of a preliminary injunction seeking to enforce a non-compete covenant against a former employee, Grace Stutz, who began working for a competitor. The appellate court reversed, holding that a trial court's discretion to deny a preliminary i
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The court held that the district court erred by not referring the entire dispute to the Department of Energy's Office of Hearings and Appeals under the doctrine of primary jurisdiction.
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710 F.2d 190·
5th Cir.·
1983-07-25
·cited 4×
The court should hold Tex.Rev.Civ.Stat.Ann. art. 5949(2) unconstitutional because notary public duties are ministerial and do not involve policy-making.
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710 F.2d 1258·
7th Cir.·
1983-06-28
·cited 4×
The court held that the Schaumburg Police Department's regulations confining employees on sick or injury leave to their homes were facially unconstitutional.
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The court held that a litigant's repeated filing of frivolous and vexatious claims, coupled with other abuses of the judicial process, warrants an injunction prohibiting further filings.
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The court held that the term 'unnecessary' in the noise ordinance was unconstitutionally vague, but the presumption provision was also invalid. However, the section regulating sound amplification was not unconstitutionally vague.
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The court held that the district court did not abuse its discretion in denying costs and expenses incurred during a temporary restraining order, as the injunction was dissolved due to intervening Congressional action rather than being wrongfully issued.
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560 F. Supp. 896·
S.D. Fla.·
1983-04-14
·cited 4×
The Court modified its Final Judgment to clarify procedures for class members seeking changes of venue and engaging in secondary migration, placing responsibility for securing counsel and maintaining reporting requirements on the class members and voluntary agencies.
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Public Service Company of Indiana (PSI) had no obligation to arbitrate grievances filed by Teamsters Local Union No. 89 (Local 89) because PSI was designated as the 'Owner' in the Project Agreement and not an 'Employer' with a duty to arbitrate, nor was it a joint employer with C
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429 So. 2d 97·
Fla. 2d DCA·
1983-04-08
·cited 4×
The appellate court reversed a directed verdict for the defendant in a contract bidding dispute, finding that the city improperly awarded a contract to a non-conforming bidder and should have either awarded it to the next lowest bidder or rejected all bids.
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The court held that while the temporary injunction was overly broad, the subsequent mandatory injunction ordering removal of structures was proper because the appellant failed to comply with the original order.
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The court held that the district court did not abuse its discretion in denying a preliminary injunction against a threatened state prosecution for violating a town's Public Display Minors Law.
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A district court may modify a continuing injunction only upon finding changed circumstances of fact or law justifying adaptation.
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The dissenting judge argues the district court abused its equity power by ordering payment of Data's claim from a letter of credit without adequate security for LTD.
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The court held that the plaintiff's claim that NCAA eligibility rules violated the Equal Protection Clause did not present a substantial federal question, and even if it did, the rules were rationally related to legitimate objectives.
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425 So. 2d 582·
Fla. 1st DCA·
1982-12-22
·cited 4×
The court held that the Government in the Sunshine Law does not apply to the University of Florida's Dean Search and Screen Committee for the College of Law. The committee's function was advisory and staff-like in nature, screening applicants before recommendations went to the fa
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694 F.2d 1310·
D.C. Cir.·
1982-12-10
·cited 4×
The court held that the Public Rangelands Improvement Act of 1978, as amended, allows the Bureau of Land Management to act on available information and supersedes the grounds for the injunction, thus permitting independent review of the District Court's interpretation.
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The court affirmed the denial of a preliminary injunction, finding no abuse of discretion regarding the district court's determination of no irreparable harm.
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The Florida Ethics Commission appealed a trial court's denial of its motion to change venue and the entry of a temporary injunction restraining it from conducting ethics proceedings against a county elections supervisor. The appellate court reversed, holding that venue was improp
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Sufficient evidence supports the district court's finding of a union and its officials in civil contempt for a strike that violated a temporary restraining order.
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Fletcher Herndon appeals an interlocutory order denying his motion to dissolve a temporary restraining order based on a covenant not to compete contained in a settlement agreement with his former employer, Eli Witt Company. The court upheld the five-year, three-state non-compete
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690 F.2d 351·
3d Cir.·
1982-10-12
·cited 4×
The court held that the magistrate had jurisdiction to try contempt charges limited to misdemeanor penalties, and that the waiver of jury trial was valid. The evidence was insufficient to convict one defendant but sufficient for the other two.
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The court held that a work stoppage arising from an arbitrable grievance, even if it involves a refusal to perform voluntary overtime, can be enjoined under the Boys Markets exception to the Norris-LaGuardia Act.
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The court held that the Norris-LaGuardia Act does not preclude injunctions against employer self-help measures that undermine the arbitral process, even if those measures involve speech protected by the First Amendment.
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The court granted the inmate's petition for an injunction pending appeal, requiring prison officials to maintain his current conditions of confinement.
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413 So. 2d 84·
Fla. 5th DCA·
1982-03-31
·cited 4×
The City of Winter Springs sought to reverse a summary judgment that invalidated a referendum election on a zoning ordinance change. The Fifth District Court of Appeal reversed, holding that a municipal referendum on zoning does not violate due process or constitute an improper d
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411 So. 2d 948·
Fla. 1st DCA·
1982-03-25
·cited 4×
Owners of land including a portion of an artificial lake's bed have the right to reasonable, lawful use of the entire lake, not exclusive rights.
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672 F.2d 365·
4th Cir.·
1982-02-16
·cited 4×
The court held that Troxler Hosiery Co. was guilty of criminal contempt for willfully disobeying a court order prohibiting the removal of seized goods from the district.
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410 So. 2d 498·
Fla.·
1982-02-11
·cited 4×
The Florida Supreme Court approved a settlement between The Florida Bar and Lois Helen Mills and American Crime Prevention Rehabilitative Services, Inc., regarding unauthorized practice of law. The respondents agreed to cease providing legal advice to prisoners regarding appeals
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This case involves a dispute over the suspension of an alcoholic beverage license. The appellate court reversed a lower court's injunction that had stayed administrative proceedings, ruling that the circuit court lacked jurisdiction to interfere with the appellate court's directi
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The court vacated the district court's injunction, finding that a consent agreement between the government and the Commonwealth rendered most claims moot and that injunctive relief was inappropriate for remaining claims given the equities and the agreement's conditions.
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669 F.2d 1100·
6th Cir.·
1981-12-10
·cited 4×
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The Florida Department of Professional Regulation appealed a preliminary injunction that blocked the State Board of Medical Examiners from conducting a disciplinary hearing against a licensed physician. The court reversed, holding that the circuit court lacked jurisdiction becaus
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The Florida Third District Court of Appeal reversed the trial court's dismissal of a family's action seeking disinterment of their father's remains from a cemetery that had initially buried him in the wrong plot. The court held that the family had sufficient justification to obta
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407 So. 2d 243·
Fla. 3d DCA·
1981-11-19
·cited 4×
The City of Miami and City of Miami Beach challenged a Dade County ordinance that imposed county-wide taxicab regulation superseding municipal regulations. The trial court upheld the ordinance as valid and enforceable, and the appellate court affirmed, holding that the repeal of
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660 F.2d 388·
9th Cir.·
1981-10-09
·cited 4×
The FLSA does not apply to employees of a private non-profit corporation contracting with a state to perform an integral government function, as it interferes with state sovereignty.
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Federal courts are barred by the Tax Injunction Act from enjoining or otherwise interfering with the collection of state taxes when a plain, speedy, and efficient remedy is available in state courts, regardless of the likelihood of success in those state courts.
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The court held that PACC's assignment of maintenance duties constituted just cause for DGC to terminate the dealership agreement and warranted dissolution of the injunction.
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The court held that the district court abused its discretion by granting a preliminary injunction that enjoined the United States from enforcing criminal statutes related to national forest regulations, as Downstate failed to meet the standards for such an injunction.
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647 F.2d 675·
6th Cir.·
1981-04-28
·cited 4×
The court held that the D.C. Circuit has exclusive jurisdiction to review the EPA's Performance Warranty Regulation, and the district court erred in enjoining its enforcement.
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The court held that the Parole Commission's designation of a case as 'original jurisdiction' does not violate a prisoner's due process rights, even if a liberty interest in parole exists.
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396 So. 2d 763·
Fla. 3d DCA·
1981-03-24
·cited 4×
Citibank sought prohibition against a circuit judge's order temporarily enjoining an issuing bank from honoring a letter of credit. The court held that without personal jurisdiction over Citibank as beneficiary, the trial court lacked in rem jurisdiction because the letter of cre
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395 So. 2d 1231·
Fla. 3d DCA·
1981-03-24
·cited 4×
Piperato, a tattoo artist, challenged Florida's tattoo licensing statute, seeking declaration that performing tattoos "under the direction" of a licensed physician need only involve periodic inspections and consultations rather than direct supervision. The court affirmed that "un
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642 F.2d 94·
5th Cir.·
1981-03-23
·cited 4×
The court granted a stay of the appeal pending further order.
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A child under eleven does not possess an independent constitutional right to override a custodial parent's decision regarding relocation.
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Deanza Corporation appealed from a temporary injunction granted by the trial court restraining it from interfering with the Vonoflorios' leasehold interest. The Fourth District reversed, holding that Florida Rule of Civil Procedure 1.610(a) requires that a written complaint be fi
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392 So. 2d 1007·
Fla. 5th DCA·
1981-01-23
·cited 4×
The Florida District Court of Appeal reversed an order holding that the Secretary of the Department of Professional Regulation was the proper party plaintiff in an injunction action against unlicensed dental practice. The court held that section 455.227(3), Florida Statutes, requ
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The court held that the appeal is moot because the temporary suspension of membership has expired.
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The court affirmed the district court's denial of a preliminary injunction, finding no abuse of discretion or erroneous legal premise.
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The court granted permanent injunctions and awarded substantial damages, attorney's fees, and costs against defendants for trademark infringement and unfair competition.