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 appeal must be dismissed because the injunction's term had expired, rendering the issue moot.
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358 F.2d 691·
1st Cir.·
1966-03-30
·cited 4×
The court held that the district court erred in misinterpreting the remand order and in excluding defendants' affidavit, requiring further proceedings.
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354 F.2d 873·
3d Cir.·
1966-01-11
·cited 4×
The court held that the denial of a motion to construe prior injunctive orders was appealable and that parties could proceed with state court litigation without violating the injunctions.
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353 F.2d 263·
5th Cir.·
1965-11-10
·cited 4×
The court held that a change in the use of a railroad easement from a main line to a spur track does not terminate the easement if the new use is of the same general character and no more burdensome than originally contemplated.
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177 So. 2d 752·
Fla. 1st DCA·
1965-08-10
·cited 4×
The Florida Comptroller appealed a summary decree holding that SESAC, a New York corporation licensing performing rights to Florida entities, was not liable for gross receipts tax under Florida law. The court reversed, holding that the tax applies to the privilege of licensing pe
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178 So. 2d 65·
Fla. 3d DCA·
1965-08-10
·cited 4×
The court held that the city's use of parkland for a dump violated a deed restriction and that the injunction was proper.
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178 So. 2d 15·
Fla.·
1965-07-28
·cited 4×
This is not a traditional case opinion but rather a Florida Supreme Court order approving comprehensive amendments to the Florida Rules of Civil Procedure effective January 1, 1966. The amendments substantially revise civil procedure rules, drawing from common law, equity, and Fe
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The court held that the district court did not abuse its discretion in issuing a preliminary injunction, and affirmed the order.
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The trial court erred in dismissing the State of Alabama as a party and dissolving the injunction against it before final hearing.
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The court held that the district court erred by failing to make findings of fact and conclusions of law when denying a motion to stay proceedings pending exhaustion of contractual grievance procedures.
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342 F.2d 205·
5th Cir.·
1965-02-26
·cited 4×
The court held that the District Court had jurisdiction under the Administrative Procedure Act to review the Secretary's determination regarding tobacco types, and that the Secretary failed to comply with statutory mandates regarding statistics.
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171 So. 2d 587·
Fla. 2d DCA·
1965-02-05
·cited 4×
De Carlucci and others sought a permanent injunction against Granulite, Inc. for trademark infringement, alleging the defendant's name "Garnetlite" was confusingly similar to their name "Granulite." The trial court issued a temporary restraining order without notice and later ref
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167 So. 2d 753·
Fla. 1st DCA·
1964-10-06
·cited 4×
Taxpayers sought to enjoin Jacksonville Beach from expending revenue bond proceeds for a public improvement program, arguing the expenditures constituted an illegal and extravagant use of public funds. The court affirmed dismissal of the complaint, holding that issues regarding t
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The court held that the trial court did not err in denying the preliminary injunction, as significant factual matters remain unresolved.
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167 So. 2d 305·
Fla.·
1964-09-09
·cited 4×
The court reviewed a decree invalidating special acts that created the Budget Commission of Orange County, but allowed the Commission to continue functioning under a general law, after also invalidating an act that repealed the general law for Orange County.
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335 F.2d 828·
10th Cir.·
1964-08-17
·cited 4×
The court held that a service agreement for pre-filing advice did not constitute an agency relationship requiring disclosure under the regulation, as the 'offer' was not legally effective until filed.
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166 So. 2d 797·
Fla. 2d DCA·
1964-07-24
·cited 4×
Plaintiff appealed the dismissal of his complaint seeking to enjoin the City of Fort Lauderdale from enforcing a penal ordinance against his operation of a nursery school with ponies on property he claimed was a valid nonconforming use. The court affirmed the dismissal, holding t
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The court held that the suit was not against the United States without consent and presented genuine issues of material fact, thus it was not ripe for summary judgment.
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166 So. 2d 825·
Fla. 3d DCA·
1964-06-23
·cited 4×
A boat manufacturer appealed a declaratory judgment that prohibited it from manufacturing boats using designs obtained under terminated licensing agreements with a marine architect. The court reversed, finding the injunction too vague and requiring the lower court to conduct proc
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23 Fla. Supp. 124·
Duval Cty. Cir. Ct.·
1964-06-18
·cited 4×
Orkin Exterminating Company sought to enforce a non-competition clause against former employee Elton Bragg, who began operating a competing pest control business after his resignation. The court granted Orkin's application for a temporary restraining order and ultimately issued a
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329 F.2d 629·
3d Cir.·
1964-04-03
·cited 4×
The court held that the defendant was entitled to use the passageway and stairway as an ancient freeway and a way of necessity, as implied by historical plans and Danish law.
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The court held that a preliminary injunction was warranted to maintain the status quo but modified its terms to allow more flexibility for the defendant's investment while awaiting trial.
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160 So. 2d 513·
Fla.·
1964-02-05
·cited 4×
The Florida Supreme Court upheld the validation of $140 million in revenue bonds issued by the Jacksonville Expressway Authority for extensions and improvements to the Jacksonville Expressway system. The Court rejected arguments that the Authority lacked authorization to construc
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159 So. 2d 217·
Fla.·
1963-12-20
·cited 4×
Gray Line Sightseeing Tours challenged a Florida Public Utilities Commission order enjoining it from transporting military personnel between Key West and Cudjoe Key without first obtaining a certificate of authority. The Florida Supreme Court held that while states may impose saf
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The court held that federal courts lack jurisdiction to compel the Attorney General to take action regarding a state's detainer against a federal prisoner.
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324 F.2d 899·
7th Cir.·
1963-11-14
·cited 4×
The court held that it would abstain from exercising its jurisdiction due to the passage of Public Law 88-108, which provided a plan for resolving the national railroad labor dispute.
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324 F.2d 95·
1st Cir.·
1963-11-12
·cited 4×
The court held that both orders constituted interlocutory injunctions, granting jurisdiction under 28 U.S.C. § 1292(a)(1), and affirmed the district court's decisions.
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323 F.2d 224·
7th Cir.·
1963-10-01
·cited 4×
The district court properly dismissed the action because the National Railroad Adjustment Board has exclusive jurisdiction over disputes concerning the interpretation or application of collective bargaining agreements, and the complaint failed to establish diversity jurisdiction.
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162 So. 2d 702·
Fla. 3d DCA·
1963-09-25
·cited 4×
The court held that the Cuban enactments were contrary to Florida public policy and unenforceable, but the award of a money judgment and attorney's fees was premature.
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155 So. 2d 624·
Fla. 2d DCA·
1963-08-07
·cited 4×
Freeholders and corporate landowners challenged a sewage disposal and special assessment project by the City of Fort Lauderdale, arguing it violated due process, equal protection, and an alleged breach of contract. The court reversed the dismissal of their complaint, finding it s
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154 So. 2d 843·
Fla. 3d DCA·
1963-07-09
·cited 4×
National Airlines appeals from a summary judgment granting a permanent injunction against it for allegedly violating a collective bargaining agreement with the Air Line Pilots Association by requiring pilots to fly more than 85 hours per month. The court reversed, holding that th
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152 So. 2d 745·
Fla. 2d DCA·
1963-05-03
·cited 4×
The court held that Pinellas County was not bound by the provisions of the general statute (Chapter 153) when establishing its water system, as it was authorized by specific special acts and the general act was elective and supplemental.
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The Third District Court of Appeal reversed an order allowing defendants to pursue damages for a wrongful injunction in the same suit, holding that without express statutory authorization, such damages must be sought in a separate action on the bond. The court found that Florida
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316 F.2d 683·
D.C. Cir.·
1963-03-21
·cited 4×
The District Court correctly dismissed the suit because it lacked jurisdiction over claims for compensation for official services, which are exclusively vested in the Court of Claims.
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The court held that a district court cannot entertain an application for an injunction where there is no underlying cause of action over which it has primary jurisdiction.
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151 So. 2d 290·
Fla. 2d DCA·
1963-03-08
·cited 4×
Miller sued Martin County and the Flood Control District in equity for failure to construct a bridge over a newly dug canal that would have given him access to his land. The trial court dismissed the action, and Miller appealed. The appellate court affirmed, finding no equitable
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309 F.2d 181·
5th Cir.·
1962-10-30
·cited 4×
The court held that the federal district court erred in dismissing the complaint for a declaratory judgment and injunction seeking arbitration, as the pendency of a state court suit does not preclude federal jurisdiction for such claims.
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308 F.2d 832·
7th Cir.·
1962-10-10
·cited 4×
The court held that the Right of Way Contract was too indefinite to grant the defendant the right to lay a second pipeline.
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308 F.2d 209·
8th Cir.·
1962-09-18
·cited 4×
A prior judgment determining subject-matter jurisdiction is generally res judicata and not subject to collateral attack, unless overriding public policy dictates otherwise.
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The court denied the motion to suspend a preliminary injunction, finding no basis for the appellant's arguments regarding irreparable injury, the Norris-LaGuardia Act, or NLRB preemption.
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306 F.2d 248·
9th Cir.·
1962-08-01
·cited 4×
The court held that the appellant failed to exhaust his administrative remedies before seeking judicial relief, and thus the district court properly dismissed his complaint.
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The court held that the district court did not err in finding reasonable cause to believe the union engaged in an unfair labor practice and did not abuse its discretion in issuing a temporary injunction.
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The District Court properly exercised its discretion in dismissing the prisoner's complaint for a declaratory judgment and mandatory injunction.
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143 So. 2d 216·
Fla. 3d DCA·
1962-06-26
·cited 4×
McKinley & Company, a general insurance agent, appealed an order denying its motion for protection against depositions noticed after a final divorce decree. The court reversed, holding that taking depositions in the concluded divorce proceeding was premature and prejudicial, and
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303 F.2d 617·
7th Cir.·
1962-05-16
·cited 4×
The court held that a district court correctly dismissed a suit seeking a declaratory judgment to examine records sought by the IRS, as such suits are generally barred by statute and courts should not interfere prematurely in administrative proceedings.
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The court held that construction undertaken illegally without required permits does not create a vested right to complete the addition, even if commenced before zoning regulations went into effect.
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The court held that the Union's strike and actions constituted unfair labor practices under the National Labor Relations Act, and enforced the NLRB's order.
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139 So. 2d 682·
Fla.·
1962-04-04
·cited 4×
The Florida Board of Massage appealed a chancellor's decree granting Stauffer System salon operators injunctive relief from massage licensing requirements. The Supreme Court vacated the decree and remanded for clarification of whether the lower court held the massage statute unco
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300 F.2d 895·
3d Cir.·
1962-03-15
·cited 4×
The court held that the dismissal of the complaint was improper because the plaintiff's claims were not entirely barred by the prior state court injunction or the doctrine of collateral estoppel, especially concerning alleged violations of the Robinson-Patman Act.
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138 So. 2d 786·
Fla. 1st DCA·
1962-03-13
·cited 4×
A nonprofit nursing home sought a declaratory judgment that its property qualifies for tax exemption as a charitable institution under Florida law. The trial court dismissed the complaint for failure to state a cause of action, and the appellate court affirmed, holding that the c