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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577 F.2d 106·
10th Cir.·
1978-05-31
·cited 4×
The court held that the Automobile Dealer Franchise Act's "under control" provision presented a jury question regarding Ford Credit's liability, and that damages from continuing conduct under the Act could accrue within the limitation period, applying the Zenith Radio Corp. doctr
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575 F.2d 200·
8th Cir.·
1978-05-03
·cited 4×
The court held that the Younger abstention doctrine applies to parties not named in state proceedings if their interests are closely related and they seek to interfere with those proceedings, even if state appellate remedies were not exhausted.
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571 F.2d 928·
5th Cir.·
1978-04-21
·cited 4×
A party cannot recover damages for an injunction unless a security bond has been executed, and damages for loss of property cannot be attributed to an injunction if the property was lost while in the trustee's possession.
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The court held that the preliminary injunction granting ultimate relief and the subsequent contempt order were improperly issued and vacated them.
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The court held that the dispute over implementing a new nonstop flight service was a minor dispute under the Railway Labor Act, and thus the district court correctly applied the proper principles in denying a preliminary injunction.
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353 So. 2d 203·
Fla. 3d DCA·
1977-12-20
·cited 4×
A Florida appellate court reversed a trial court's denial of a motion to dissolve a temporary injunction that was issued without bond or notice. The court held that absent evidence and findings that the plaintiff lacked sufficient assets to post a bond, the trial court erred in r
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The court held that the order clarifying the FEC's procedural methods for compiling a factual record was not a preliminary injunction and therefore not appealable.
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The court held that petitions for mandamus or prohibition cannot be used as a substitute for a readily available appeal procedure, but treated the matter as an expedited appeal due to the significant issues involved.
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The appellate court reversed a lower court's order enforcing a prior judgment, finding that the lower court lacked jurisdiction to modify its final judgment and that the proposed modifications to the site plan constituted a material departure from the original agreement.
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351 So. 2d 758·
Fla. 2d DCA·
1977-11-09
·cited 4×
The court held that while mandamus was an improper procedural vehicle, the dismissal of the complaint with prejudice was erroneous and should have been without prejudice to allow for alternative equitable claims.
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563 F.2d 793·
6th Cir.·
1977-10-03
·cited 4×
The court held that the district court erred in finding the TSSAA girls' basketball rules violated the Equal Protection Clause, reversing the injunction.
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561 F.2d 1123·
4th Cir.·
1977-09-20
·cited 4×
The court held that the two-year limitation period for suits to recover erroneous refunds does not preclude the IRS from using other summary collection procedures for interest due on delinquent taxes.
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The court held that Interco failed to establish irreparable harm because it had an adequate remedy at law for the bank's alleged wrongful honor of letters of credit.
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562 F.2d 6·
7th Cir.·
1977-08-10
·cited 4×
The exclusion of pregnancy from a disability benefits plan, without more, does not constitute sex discrimination under Title VII, especially when the plan is otherwise neutral.
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552 F.2d 601·
5th Cir.·
1977-05-18
·cited 4×
The court held that the district court abused its discretion by denying a motion to enjoin relitigation of issues already decided, as the attempt to relitigate in another forum was vexatious.
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The court held that the Customs Court has exclusive jurisdiction over challenges to the administration of the United States program regulating textile imports by quota.
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555 F.2d 175·
8th Cir.·
1977-04-18
·cited 4×
The court held that the district court erred in denying an injunction because the NLRB had reasonable cause to believe the National Labor Relations Act was being violated.
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The court held that the district court abused its discretion in issuing a preliminary injunction, as the respondents failed to demonstrate a probable resolution favorable to their position or sufficiently serious legal questions.
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A single district judge lacks jurisdiction to deny a preliminary injunction or abstain in a case requiring a three-judge court under 28 U.S.C. § 2281.
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340 So. 2d 1287·
Fla. 3d DCA·
1977-01-04
·cited 4×
The Town of Surfside appeals an injunction prohibiting it from accepting refuse at its municipal dump from outside entities. The court affirmed the injunction, finding substantial evidence that the dump's operation constitutes a nuisance affecting the health, safety, and welfare
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The court held that the district court did not abuse its discretion in granting the preliminary injunction.
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Abstention was appropriate because the state statute may be interpreted to require a hearing before parental visiting rights are terminated, thus avoiding federal constitutional questions. The denial of a preliminary injunction is also affirmed.
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The court held that the district court correctly denied relief to the incarcerated appellant seeking mandamus, injunction, and damages.
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338 So. 2d 538·
Fla. 4th DCA·
1976-07-16
·cited 4×
Property owners who purchased lots adjacent to a platted street retained rights to use that street after the city vacated it. The court affirmed a permanent injunction preventing neighboring property owners from obstructing the street, holding that the loss of access caused speci
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The court held that the physician's action seeking declaratory and injunctive relief against the FDA was not ripe for adjudication because the FDA had not taken sufficient affirmative action to create a concrete controversy.
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332 So. 2d 88·
Fla. 4th DCA·
1976-05-14
·cited 4×
The City of Fort Lauderdale rezoned property over the objection of Gulf & Eastern Development Corporation, which claimed it was not notified of the planning board hearing. The court reversed the trial court's invalidation of the ordinance, holding that procedural due process requ
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The WEAL plaintiffs were entitled to intervene in the Adams litigation as of right because their interest in the devotion of HEW resources to Title IX complaints was not represented by existing parties.
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The court held that the Federal Maritime Commission did not overstep its authority by issuing a cease-and-desist order to the Pacific Coast European Conference regarding its dual-rate contracts, as the order was a valid interpretation of the Shipping Act and not an illegal injunc
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534 F.2d 324·
Temp. Emer. Ct. App.·
1976-04-06
·cited 4×
The court vacated the preliminary injunction and remanded the case, finding that subsequent regulatory changes and ongoing reevaluations by the FEA warranted further consideration by the district court.
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The court held that the Administrator's order lowering tolls could not be sustained because the Administrator failed to make specific findings regarding the Authority's post-coverage expenses and whether the prescribed tolls would be sufficient to cover them.
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528 F.2d 1107·
7th Cir.·
1975-12-31
·cited 4×
The dissenting judge agrees that punitive damages were an abuse of discretion but would modify the injunction to allow for potential continued operation under supervision.
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527 F.2d 582·
1st Cir.·
1975-11-26
·cited 4×
The court held that the plaintiffs, including physicians and a pregnant woman, lacked standing to challenge the statute because they failed to demonstrate a concrete personal stake in the outcome or a genuine case or controversy.
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The court held that the appellant's constitutional claims regarding the FDIC's suspension order and the statutory bar to judicial review were substantial enough to require a three-judge court.
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The court held that the factual findings were insufficient to support barring Emhart's acquisition of USM shares, vacating the preliminary injunction.
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530 F.2d 1317·
9th Cir.·
1975-10-29
·cited 4×
The court held that California's weight labeling statutes and regulations are preempted by federal law because they conflict with federal requirements for accurate weight labeling and reasonable variations. The court also found that a three-judge district court was not required.
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521 F.2d 1394·
Temp. Emer. Ct. App.·
1975-08-26
·cited 4×
The court held that the Federal Energy Administration's price and allocation regulations validly apply to crude oil sales by the Department of the Navy from the Naval Petroleum Reserve, even when a contract predates the regulations.
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519 F.2d 809·
1st Cir.·
1975-07-30
·cited 4×
The court held that the district court had the power to vacate the injunction and that there was no probability that it abused its discretion in doing so.
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The court affirmed the district court's denial of a temporary injunction and denied the appellants' motion to dismiss the appeal.
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314 So. 2d 257·
Fla. 1st DCA·
1975-06-16
·cited 4×
The court held that temporary injunctions were erroneously granted without sufficient grounds, proper notice, or adequate bond.
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Charles Donner appealed from a temporary injunction order that restrained him from transferring assets or stock in Muncie Construction Corporation during divorce proceedings. The Florida appellate court affirmed the injunction but narrowed its scope to restrain only Donner's indi
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The court denied the emergency motion for an injunction pending appeal, finding no irreparable harm from proceeding with the FTC hearing.
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The court held that an arbitrator's decision defining a 'slowdown' and obligating unions to prevent it was enforceable, and that the subsequent court orders were sufficiently specific for contempt findings.
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310 So. 2d 42·
Fla. 1st DCA·
1975-03-11
·cited 4×
The trial court's injunction was improvidently issued because the State failed to establish by a preponderance of evidence that appellants violated Florida's animal cruelty statutes and that their activities constituted a public nuisance.
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309 So. 2d 57·
Fla. 2d DCA·
1975-02-14
·cited 4×
A third-party beneficiary cannot enforce a covenant not to compete under Fla. Stat. § 542.12.
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A mobile home park rule requiring removal of eight-or-ten-foot-wide mobile homes upon sale does not violate Fla. Stat. 83.71 because the removal is based on the home's width in addition to the sale, not solely on the sale.
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304 So. 2d 444·
Fla.·
1974-12-11
·cited 4×
The Florida Bar sought to enjoin and hold in contempt a disbarred attorney, Edward Riccardi, for unauthorized practice of law. The Florida Supreme Court found that Riccardi's participation as an advocate in a deposition and pretrial conference, coupled with representations of his
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The court held that the district court erred in granting a preliminary injunction because the plaintiff failed to demonstrate a likelihood of success on the merits or irreparable injury.
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502 F.2d 193·
7th Cir.·
1974-09-06
·cited 4×
The court held that the Interstate Commerce Commission (ICC) must determine whether its approval is required for the abandonment of railroad line operations under a trackage agreement before a court can adjudicate the dispute.
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298 So. 2d 345·
Fla.·
1974-07-17
·cited 4×
Greyhound Rent-A-Car sought review of a judgment for a used car purchaser (Austin) in a replevin action. The Florida Supreme Court discharged the writ of certiorari, finding no direct conflict with cited cases and holding that the Motor Credit Corporation v. Woolverton equitable
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The court held that the Army Regulation implicitly grants a reservist the right to be informed of and rebut adverse factual allegations made during an appeal of an involuntary active duty order.