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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The court held that the District Court did not abuse its discretion by approving a merger referendum before a new election of union officers, and that the referendum's conduct was sufficiently supervised and fair.
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The court held that the use of a residency questionnaire by a voter registrar to gather information from applicants unknown to the registrar is not impermissible under the federal constitution and statutes.
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The court held that New York law governs the determination of implied easements in FHA foreclosure sales and that sufficient unity of interest among corporations dominated by the same individual may support an implied easement, even if the conveyance was involuntary.
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294 So. 2d 365·
Fla. 3d DCA·
1974-05-14
·cited 4×
Miami Health Studios appeals a permanent injunction and contempt order entered against it for operating an illegal massage parlor offering sexual services. The appellate court affirmed the injunction but modified its geographic scope and reversed the jail sentence and excessive f
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The court held that the CTA's denial of the plaintiffs' advertisement was likely unconstitutional, and a preliminary injunction should issue.
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The court held that while a protective order under the All Writs Act to prevent retaliation against inmate plaintiffs was permissible, the specific language of the order was too vague and akin to a preliminary injunction, requiring specific factual findings not present.
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492 F.2d 87·
5th Cir.·
1974-04-08
·cited 4×
The court held that a mineral reservation and damage release clause in a deed rendered title unmerchantable, and that a stand-by deposit fee was valid liquidated damages.
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290 So. 2d 141·
Fla. 3d DCA·
1974-02-19
·cited 4×
A developer (Zuckerman-Vernon) purchased land zoned as a Planned Unit Development (PUD) for $6.9 million, with a $5.4 million promissory note due in 1978. When the city refused to approve the developer's proposed development plan, the developer sought a moratorium on interest pay
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287 So. 2d 135·
Fla. 3d DCA·
1973-12-21
·cited 4×
Vivian Greene, Inc. and Vivian Greene appealed an order denying their motion for jury trial on issues relating to plaintiff's claim of entitlement to 10% of corporate stock based on an alleged oral contract. The Florida District Court of Appeal affirmed the trial court's discreti
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488 F.2d 1350·
6th Cir.·
1973-12-19
·cited 4×
The court held that the district court erred in dismissing the claims for injunctive and declaratory relief without convening a three-judge court, as the allegations of bad faith enforcement and harassment raised a substantial constitutional question.
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The court held that the district court's order denying a preliminary injunction must be vacated because it failed to make explicit findings of fact and conclusions of law as required by Rule 52(a).
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The court held that the district court erred by failing to make necessary findings of fact and conclusions of law when denying the motion for a preliminary injunction.
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The court concurred that extraordinary circumstances may justify federal intervention despite Younger abstention.
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The court held that Blake had no contractual or legal duty to assert Mayhew's claim for extra work in the Court of Claims, but Mayhew's claim for damages was not barred by the statute of limitations.
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The court held that the district court erred in denying a preliminary injunction to prevent a former employee from soliciting customers, as the restrictive covenant was reasonable and enforceable under New York law and Puerto Rico public policy.
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The court held that the case must be remanded because the trial court failed to enter formal findings of fact and conclusions of law, making appellate review impossible.
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477 F.2d 317·
10th Cir.·
1973-04-27
·cited 4×
The court held that the parties' conduct over time demonstrated their interpretation of the easement as permitting residential use of the servient estate.
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The court held that the employer's refusal to abide by a contract negotiated by its multi-employer association was a violation of the National Labor Relations Act, as the union's work stoppage did not breach the contract's limited 'no strike' clause.
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The court held that the record was insufficient to determine if the appellee was a holder in due course, requiring a remand for further factual development.
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476 F.2d 269·
9th Cir.·
1973-03-05
·cited 4×
The court held that a prior per curiam opinion, which affirmed an injunction against a forfeiture action, is withdrawn and the district court's order is reversed, vacated, and set aside, following a conflicting Supreme Court ruling.
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The court held that the appeal has become moot due to subsequent events, including the demolition of one property and the abandonment and uninhabitability of another, rendering the original claims for relief moot.
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271 So. 2d 821·
Fla. 1st DCA·
1973-01-23
·cited 4×
In a post-injunctive action, appellants challenged a trial court's denial of damages and alleged insufficiency of attorney's fees awarded following dissolution of a temporary injunction that had halted their housing project construction. The appellate court affirmed the denial of
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470 F.2d 775·
2d Cir.·
1972-12-15
·cited 4×
The court held that Selective Service's failure to consider the national interest clause in its regulations when denying a registrant's request for local alternate service was a "blatantly lawless" act, granting jurisdiction to review the decision.
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468 F.2d 719·
8th Cir.·
1972-11-03
·cited 4×
The court held that the district court properly denied the motion to dismiss claims for failure to comply with the Arkansas statute of non-claim because the federal limitation of liability proceeding and its injunction superseded the state statute's filing requirements.
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The court held that the trial court abused its discretion by awarding $600,000 in attorneys' fees without adequate justification, as the benefits to the class were not clearly attributable to counsel's efforts and the litigation involved minimal preparation.
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468 F.2d 245·
5th Cir.·
1972-10-12
·cited 4×
A single-judge district court has jurisdiction to enter a declaratory judgment regarding the constitutionality of a state statute, but not to issue an injunction without a three-judge panel.
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467 F.2d 474·
8th Cir.·
1972-10-06
·cited 4×
The court affirmed the district court's dismissal of the action, finding the constitutional question insubstantial and the requested relief statutorily prohibited.
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467 F.2d 893·
2d Cir.·
1972-09-27
·cited 4×
The court held that the plaintiff failed to demonstrate a violation of Selective Service regulations or any prejudice therefrom, thus affirming the dismissal of his complaint.
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The court affirmed the denial of a preliminary injunction, finding plaintiffs failed to show probable success on the merits regarding alleged violations of environmental and highway acts.
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264 So. 2d 844·
Fla. 4th DCA·
1972-06-29
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The City of Orlando appealed a dismissal of its complaint against Orange County regarding the county's alleged failure to properly levy and share road and bridge tax revenues. The appellate court reversed and remanded, holding that while counties are not required to make annual a
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263 So. 2d 273·
Fla. 3d DCA·
1972-06-08
·cited 4×
The court held that the trial court's judgment enjoining the city's incinerator operation was in accordance with the prior mandate and that the evidence was sufficient to establish a violation of the county code, even without a stack test.
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463 F.2d 225·
3d Cir.·
1972-06-05
·cited 4×
The court held that the Commissioner of Food and Drugs has inherent jurisdiction to determine whether a drug is a 'new drug' subject to the Federal Food, Drug and Cosmetic Act's effectiveness requirements.
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The court held that while the issue of a subpoena's impact on First Amendment rights is justiciable, the plaintiff failed to demonstrate a sufficient threat of irreparable harm to warrant injunctive or declaratory relief before exhausting administrative remedies.
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The court held that nursing homes are entitled to a preliminary injunction against state departments to prevent termination of Medicaid reimbursement without a hearing on waiver eligibility.
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259 So. 2d 532·
Fla. 3d DCA·
1972-03-21
·cited 4×
The court held that a blanket injunction against showing any other obscene films is improper and must be modified, but affirmed the injunction against showing the specific obscene film found by the trial court.
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257 So. 2d 54·
Fla. 1st DCA·
1972-01-11
·cited 4×
H.S. Buchanan appealed a nuisance injunction that restrained his feed lot operations and ordered modifications within 90 days. The appellate court found the injunction overly broad and potentially confiscatory, reversing and remanding for further testimony to determine whether th
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The court held that the district court did not err in granting a preliminary injunction restraining a company from making payments under a tax sharing agreement.
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453 F.2d 381·
9th Cir.·
1971-12-21
·cited 4×
The court held that the district court correctly dismissed the action because a plain, speedy, and efficient state remedy exists for challenging the tax assessment.
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The court held that the appellant failed to meet his burden of proving racial discrimination in the school board's decision not to rehire him.
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The court held that the district court erred in dismissing the complaint and denying a preliminary injunction, as the students' claims regarding free speech and due process were not moot and stated a valid cause of action.
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The court denied the motion for an injunction, finding no significant role of the challenged statute in the Board's decision to terminate the program.
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The court denied the application for an injunction pending appeal, finding no substantial prospect of success on appeal and significant practical impediments to preservation.
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The appeal from the denial of a preliminary injunction is dismissed as moot because the property in question was sold to the plaintiffs, rendering the primary relief sought unavailable.
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The court held that the prisoner failed to demonstrate irreparable harm necessary for interlocutory injunctive relief regarding prison conditions and mail censorship.
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247 So. 2d 467·
Fla. 4th DCA·
1971-04-23
·cited 4×
The City of Fort Lauderdale appealed from a temporary injunction preventing it from interfering with Taxi, Inc.'s franchise agreement with Broward County to operate a taxicab service at the airport. The appellate court affirmed the injunction, holding that Chapter 65-1003 validly
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440 F.2d 1326·
3d Cir.·
1971-04-19
·cited 4×
The District Court properly dismissed the federal complaint seeking to interfere with a state obscenity prosecution, but its order regarding the return of seized films may need revision.
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The court held that the trial court correctly denied a temporary injunction because an interlocutory appeal in a prior, concurrently filed suit divested the trial court of jurisdiction.
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The court held that the order denying summary judgment was not a final judgment and therefore not appealable, nor was it an appealable denial of a preliminary injunction.
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The court affirmed the denial of a preliminary injunction but directed the district court to proceed expeditiously with discovery and a hearing on the merits.
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440 F.2d 44·
4th Cir.·
1971-03-11
·cited 4×
Public officials managing public facilities cannot deny rental based on the philosophical or ideological content of a proposed program.