5,622 Florida cases classified under this topic, plus 6,142 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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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.
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391 So. 2d 375·
Fla. 3d DCA·
1980-12-23
·cited 4×
Tele-Media Co. of Key West appealed the dismissal of counts I through IV of its complaint challenging Monroe County's television translator system project. The court affirmed the dismissal, holding that counties need not hold referendums for current governmental needs, that recre
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A lease provision granting a privilege to sell beer and wine does not create an exclusive right to do so unless clearly and positively expressed.
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The court held that while the denial of the preliminary injunction was proper, the trial court erred in consolidating the preliminary injunction hearing with the trial on the merits without preserving the parties' right to a jury trial on the damages claim.
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636 F.2d 738·
D.C. Cir.·
1980-10-30
·cited 4×
The court held that the Smithsonian's evolution exhibits did not violate the Establishment Clause or its charter, and that summary judgment was appropriate as no material facts were in dispute.
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389 So. 2d 697·
Fla. 2d DCA·
1980-10-29
·cited 4×
Subdivision restrictions are enforceable by lot owners among themselves, even if developers reserved the right to approve exceptions or variations.
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642 F.2d 622·
D.C. Cir.·
1980-10-17
·cited 4×
The court held that the gasoline tax revenues collected on gasoline produced in Puerto Rico and transported to the United States were not subject to the 'cover over' provision, as this provision was intended to apply only to taxes levied for equalization purposes.
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499 F. Supp. 346·
N.D. Fla.·
1980-09-30
·cited 4×
The court held that Section 893.147(1) of Florida's 'Head Shop' law is unconstitutionally vague because it prohibits mere possession of drug paraphernalia without requiring proof of the defendant's intent or knowledge of illegal use. The remainder of the law was found constitutio
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Appeal dismissed as moot where appellant's sentence was commuted and she was reunited with her child, rendering the dispute over separation during incarceration no longer justiciable.
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The City of Miami appealed a temporary injunction that blocked the abolition of an elected community development board. The court reversed the injunction, holding that a city has the inherent power to modify or abolish an advisory board it created, and that federal community deve
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The court affirmed the denial of a preliminary injunction, finding that the district court correctly concluded it lacked jurisdiction over the construction moratorium challenge and that appellants had little chance of success on the merits regarding funding cutoffs.
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The court held that the appeal should be dismissed as moot because the hearings had already occurred, and even if not moot, the plaintiffs failed to exhaust administrative remedies.
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388 So. 2d 1044·
Fla. 5th DCA·
1980-06-27
·cited 4×
The City of St. Augustine appealed the dismissal of its injunction action against Authentic Old Jail, Inc. for operating an unlicensed trailer-train business. The trial court held the city's ordinance unconstitutional based on alleged abuse of police power in setting an effective
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630 F.2d 566·
8th Cir.·
1980-06-27
·cited 4×
The court affirmed the conviction for criminal contempt but modified the sentence, finding the original ten-year sentence to be excessive.
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The appellate court affirmed the denial of a preliminary injunction, finding the trial court's factual determinations were not clearly erroneous and that temporary injunctive relief was properly denied.
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380 So. 2d 1335·
Fla. 5th DCA·
1980-03-19
·cited 4×
Seminole Park appealed from an order granting a temporary injunction against a property sale. The court reversed because the trial court violated Florida Rules of Civil Procedure Rule 1.610 by granting the injunction ex parte, without notice to the defendant, without requiring a
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The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiffs failed to demonstrate a likelihood of success on the merits regarding their equal protection and due process claims.
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The court held that the Ferndale School District's decisions to build the Grant School and define its attendance boundaries were clearly erroneous and constituted intentional segregation with continuing segregative effects.
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A subdivider's right to withdraw funds from an improvement trust fund without regulatory approval is not clear and undisputed when the estimated cost of completing improvements has been placed in doubt by regulatory action; the Division properly exercised discretion in requiring
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608 F.2d 803·
9th Cir.·
1979-11-21
·cited 4×
The court held that while grazing permit reductions are generally reviewable under FLPMA, the scope of review is limited to whether the agency's factual findings regarding range conditions and carrying capacity are arbitrary and capricious.
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A nursing home proprietor challenging a Medicaid rate reduction is not entitled to a preliminary injunction if they fail to present specific challenges to the factual basis of the rating during the administrative appeal process.
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The Union is liable for damages from an illegal strike due to authorizing and/or condoning it, but a broad injunction against all future strikes is reversed as overly broad and not supported by evidence of a pattern of violations.
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606 F.2d 143·
6th Cir.·
1979-09-24
·cited 4×
The dissenting judge believes the TVA's power to condemn land for power houses is limited to locations along the Tennessee River or its tributaries.
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608 F.2d 971·
4th Cir.·
1979-07-23
·cited 4×
The court held that the district court's order restricting communication with class members is not appealable under the collateral order doctrine or as an interlocutory order granting or modifying an injunction.
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The court held that the appeal is moot because there is no reasonable expectation that the same issues regarding ballot instruction errors will be subjected to the same complaining party in future elections.
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371 So. 2d 577·
Fla. 2d DCA·
1979-06-01
·cited 4×
The Johnsons, assignees of a mobile home park lot lease, challenged a rule requiring removal of eight-foot wide mobile homes after sale. The court reversed the dismissal of their declaratory judgment action, holding that the complaint stated a valid cause of action under Florida'
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607 F.2d 378·
D.C. Cir.·
1979-05-30
·cited 4×
The court held that the district court correctly dismissed the action because the commencement of EPA proceedings to issue a National Pollution Discharge Elimination System (NPDES) permit vests primary jurisdiction over the issue in the EPA.
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372 So. 2d 944·
Fla. 4th DCA·
1979-05-09
·cited 4×
The trial court improperly enjoined the City from taking action against the Police Chief by prescribing administrative procedures; judicial intervention in administrative processes before a hearing occurs is improper, and any due process defects are remediable through subsequent
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Robinson appealed from a trial court order amending a final judgment to award indemnification and attorney's fees to lessees (Linzys) against their former landlord (Robinson) for damages incurred defending against a suit by a subsequent property grantee (Bailey). The court affirm
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367 So. 2d 1042·
Fla. 4th DCA·
1979-01-31
·cited 4×
Patricia Lewis sought declaratory relief to compel HRS to follow its own administrative procedures for AFDC eligibility redetermination and hearing. The Florida appellate court reversed summary judgment, holding that absent constitutional violations or egregious agency action, de
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364 So. 2d 534·
Fla. 3d DCA·
1978-11-21
·cited 4×
Bob Napp, an unsuccessful candidate for Miami Beach City Council, challenged the election results claiming the punch-card voting system was unconstitutional and that certain ballots were improperly disqualified. The trial court dismissed his complaint for failure to allege that t
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583 F.2d 712·
5th Cir.·
1978-11-06
·cited 4×
The court held that while the formation of a new school district could impede desegregation, the injunction prohibiting any action toward its creation was overly broad.
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365 So. 2d 389·
Fla. 3d DCA·
1978-10-17
·cited 4×
Municipal water customers appealed a summary judgment awarding Miami Beach damages for retroactive water rate increases, challenging whether Miami Beach had authority to set rates for a period before the Metro-Dade County Water & Sewer Board obtained supervisory jurisdiction. The
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363 So. 2d 59·
Fla. 3d DCA·
1978-10-10
·cited 4×
Plaintiffs appealed a summary judgment dismissing their attempt to enjoin defendants from using their property as a railway right of way, claiming an easement had expired due to non-use. The court affirmed, holding that the easement language was unambiguous and that non-use of tr
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The court held that the trial court erred in applying the 'basis in fact' test to military personnel decisions, and that the military's decision to deny an exemption had a sufficient basis and was not arbitrary or irrational.
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362 So. 2d 475·
Fla. 1st DCA·
1978-09-21
·cited 4×
This appeal concerns whether a county owns fee title to a road that allows it to authorize a telephone company to install underground cables. The court affirmed the trial court's permanent injunction against a landowner who interfered with the telephone company's construction, ho
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364 So. 2d 431·
Fla.·
1978-06-22
·cited 4×
The Florida Bar sought an injunction against Steven K. Peake and others for engaging in the unauthorized practice of law by selling divorce kits and legal advice to Florida residents. The Florida Supreme Court granted the injunction, prohibiting the respondents from further unaut