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 erred in enjoining state court proceedings because the state action did not contest federal ownership and its requested relief did not interfere with federal rights in the condemnation proceeding.
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137 So. 2d 246·
Fla. 3d DCA·
1962-02-05
·cited 4×
A state board rule restricting funeral director advertising beyond preventing misleading content exceeds statutory authority and is an unlawful restraint on business.
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298 F.2d 119·
6th Cir.·
1962-01-23
·cited 4×
The court held that the mineral deed did not grant the right to process coal from other lands or dump refuse on the surface owner's property, and that estoppel requires actual knowledge of the intended use.
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297 F.2d 219·
5th Cir.·
1961-12-29
·cited 4×
The court held that the survivor of a joint and mutual will took a defeasible fee simple title with unlimited power to convey and expend the estate, and that prior gifts to a remainderman were not chargeable against his share.
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The court held that the preliminary injunction was invalid because it failed to comply with the specificity requirements of Federal Rule of Civil Procedure 65(d).
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133 So. 2d 579·
Fla. 3d DCA·
1961-10-19
·cited 4×
Reed Construction Corporation appeals a final decree awarding an employee wrongful discharge damages, stock repurchase obligations, and non-compete injunction. The appellate court affirms the wrongful discharge finding and stock repurchase requirement but reduces damages by mitig
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293 F.2d 333·
6th Cir.·
1961-07-03
·cited 4×
The court held that the district court lacked jurisdiction because the plaintiff's complaint did not present a federal question requiring construction of federal law. The nature of the title and the deed's restrictive clause are matters of state law.
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131 So. 2d 747·
Fla. 3d DCA·
1961-06-29
·cited 4×
Chapter 170 of Florida Statutes provides a supplemental, additional, and alternative method for municipalities to undertake public improvements, and a city is not limited to its own ordinances if they contain more exacting requirements.
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The court held that the district judge erred by failing to make specific findings of fact and conclusions of law, and by misinterpreting prior case law regarding restrictive covenants.
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The court held that the prohibitory injunction should be amended to limit its scope to the area of actual deposits and affirmed as amended, but reversed the mandatory injunction due to erroneous determination of defendants' several responsibilities.
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The appellate court affirmed a declaratory decree and mandatory injunction ordering the City of Homestead to restore an injured police officer to the payroll and pay his salary, finding the city estopped from denying a policy of compensating injured officers.
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287 F.2d 380·
5th Cir.·
1961-02-09
·cited 4×
The court held that a school board operating segregated schools based on race is not entitled to abstention and is subject to declaratory and injunctive relief, regardless of state pupil placement laws.
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126 So. 2d 744·
Fla. 3d DCA·
1961-02-06
·cited 4×
A New Jersey corporation importing canned meats appealed dismissal of its action challenging a personal property tax assessment on imported goods stored in Florida. The court reversed, holding that a foreign corporation may challenge tax assessments affecting its constitutional r
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The court held that the evidence supported the conclusion that the appellant's disability was due to an injury received in the performance of duty, entitling him to retirement under the higher benefit provision.
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The court held that the trial court's findings were not clearly erroneous and affirmed the permanent injunction against the appellant for failing to maintain current books and records and file required financial reports.
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119 So. 2d 795·
Fla. 2d DCA·
1960-04-06
·cited 4×
Hevia and others appealed an injunction prohibiting them from selling alcoholic beverages and operating a tavern at properties in a Florida subdivision. The court affirmed, holding that restrictive covenants contained in the subdivision plat and property deeds, prohibiting the sa
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118 So. 2d 674·
Fla. 3d DCA·
1960-03-14
·cited 4×
Marine interests challenged a circuit court's dismissal of their complaint seeking to block construction of a bridge with 55-foot clearance across Biscayne Bay's inter-coastal waterway, arguing it would obstruct navigation. The appellate court affirmed the dismissal, holding that
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275 F.2d 234·
1st Cir.·
1960-02-24
·cited 4×
The court affirmed the order denying Fauci's injunction, finding her claim subordinate to the government's lien. The court vacated the order enjoining Denehy from foreclosing her mortgage, finding the order to discharge the mortgage excessive.
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The court held that the appeals were moot due to the New York settlement and vacated prior orders, allowing the District of Columbia suit to proceed without prejudice.
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116 So. 2d 480·
Fla. 3d DCA·
1959-12-07
·cited 4×
A minor beneficiary of a trust challenged the assessment of costs against him personally in an action seeking an accounting, receiver, injunction, and removal of the trustee. The court reversed the cost assessment and remanded with directions to assess costs against the trust est
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A Florida appellate court reviewed a temporary injunction against a labor union for picketing. The court held that while a state court cannot enjoin peaceful picketing in interstate commerce, it may enjoin conduct involving violence, coercion, or molestation of employees.
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A Florida appellate court upheld a temporary injunction against a union's picketing and strike activities at a non-interstate-commerce restaurant, but narrowed the injunction by striking overly broad provisions that prohibited inducing strikes and barred all entry onto the premis
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Homeowners appealed the dismissal of their complaint seeking equitable relief for access to their landlocked property. The court held that the complaint stated sufficient claims against the neighboring property owners for both a statutory way of necessity and for recognition of a
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269 F.2d 775·
D.C. Cir.·
1959-07-16
·cited 4×
The court held that the Commissioner of Patents had the lawful authority to promulgate a rule prohibiting advertising to solicit patent business, and that the regulation was not unreasonable or invalid.
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112 So. 2d 395·
Fla. 2d DCA·
1959-05-29
·cited 4×
The court held that operating a motel on the 'Big Unit' area constituted a prohibited commercial enterprise under the community restrictions, and the 'Big Unit' area was subject to these restrictions by implication.
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266 F.2d 695·
D.C. Cir.·
1959-04-30
·cited 4×
The court affirmed the district court's injunction, finding no error in the record.
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The court held that the district court did not abuse its discretion in dissolving a temporary injunction to allow parties to litigate complex accounting and property issues in state courts, consistent with principles of comity.
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264 F.2d 523·
8th Cir.·
1959-03-25
·cited 4×
The court modified its prior opinion to remand the case for a further hearing, allowing the Director an opportunity to present evidence regarding certain disputed facts.
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262 F.2d 676·
2d Cir.·
1959-01-20
·cited 4×
The court held that modifying an injunction to exclude spur tracks was an improper construction of the Interstate Commerce Act's exemption, as it effectively constituted a total abandonment of service.
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107 So. 2d 45·
Fla. 3d DCA·
1958-12-02
·cited 4×
Property owners challenged a city's rezoning of adjacent property from single-family residential to apartment/hotel use, alleging spot zoning and denial of due process. The appellate court reversed dismissal of their declaratory judgment and injunction complaint, finding they had
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104 So. 2d 844·
Fla. 2d DCA·
1958-09-05
·cited 4×
Yellow Cab Co. appealed a dismissal of its suit seeking declaratory relief and injunctive relief against the City of Hallandale's taxicab licensing scheme. The court upheld dismissal, holding that Yellow Cab must obtain a certificate of public convenience and necessity under muni
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104 So. 2d 745·
Fla. 1st DCA·
1958-07-28
·cited 4×
The Florida Railroad and Public Utilities Commission and several municipalities sought a writ of prohibition to prevent a circuit court judge from exercising jurisdiction over a declaratory judgment action filed by a telephone company challenging the commission's rate order. The
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258 F.2d 155·
D.C. Cir.·
1958-07-17
·cited 4×
The court held that the phrase 'the land' in the lease renewal clause refers to the entire tract, not just the single lot covered by each lease, and that appraisers exceeded their authority by interpreting the formulae, making their decision subject to judicial review.
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258 F.2d 153·
D.C. Cir.·
1958-06-26
·cited 4×
The prohibition against judicial review in representation election cases applies even when individual employees allege they were wrongfully deprived of their right to vote.
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254 F.2d 787·
6th Cir.·
1958-04-19
·cited 4×
The court held that Vitro breached a nondisclosure agreement by using Hall's trade secrets for metal recovery, and that Hall was not estopped from asserting his rights.
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253 F.2d 57·
7th Cir.·
1958-03-14
·cited 4×
A plaintiff must exhaust administrative remedies with the FCC before bringing a judicial action concerning the reasonableness of telephone rates.
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252 F.2d 556·
5th Cir.·
1958-02-28
·cited 4×
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100 So. 2d 437·
Fla. 3d DCA·
1958-02-11
·cited 4×
Harlem, Jr., Inc. appeals a decree invalidating an emergency ordinance that would have allowed it to relocate its retail liquor license to a location within 300 feet of Mount Sinai Baptist Church. The court affirmed the lower court's decision, holding that the variance granted by
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251 F.2d 119·
10th Cir.·
1958-01-09
·cited 4×
The court held that the prior state court judgment was res judicata, barring the current federal action because the issues were identical and had been fully litigated.
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250 F.2d 617·
5th Cir.·
1958-01-03
·cited 4×
The court held that the value of the plaintiff's right sought to be enforced did not exceed the jurisdictional amount, thus federal jurisdiction was lacking.
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98 So. 2d 488·
Fla.·
1957-11-27
·cited 4×
The Florida Supreme Court reversed an injunction decree that restrained a sheriff from collecting a tax warrant, holding that the Comptroller of the State of Florida was a necessary and indispensable party to the injunction proceeding and could not be bound by a decree entered wi
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249 F.2d 609·
1st Cir.·
1957-11-22
·cited 4×
The court held that the district court did not abuse its discretion in allowing the parent corporation to be substituted as plaintiff nunc pro tunc after a merger.
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248 F.2d 85·
D.C. Cir.·
1957-06-20
·cited 4×
A court of unlimited jurisdiction may enjoin a party from proceeding in a court of limited jurisdiction within the same system when the latter's jurisdiction is exceeded by a counterclaim.
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240 F.2d 918·
9th Cir.·
1956-11-21
·cited 4×
The court held that the statute did not grant the District Court jurisdiction to order restitution for misbranded drugs, and equitable powers could not be invoked without express statutory authority.
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241 F.2d 480·
9th Cir.·
1956-11-12
·cited 4×
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237 F.2d 633·
8th Cir.·
1956-10-26
·cited 4×
The court held that a federal court cannot grant an injunction to stay state court proceedings under 28 U.S.C. § 2283, absent express statutory authorization or necessity to protect federal jurisdiction or judgments.
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The court held that the Municipal Court's Rule 75, requiring attorneys to enroll and pay a nominal fee to practice before it, is a valid procedural rule for efficient administration of justice.
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233 F.2d 859·
6th Cir.·
1956-05-28
·cited 4×
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The court held that the issues raised by the defendants regarding jurisdiction and interference with federal court proceedings were without merit and previously adjudicated.
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229 F.2d 578·
6th Cir.·
1956-02-10
·cited 4×
The court held that a compulsory retirement provision in a collective bargaining agreement is a valid subject for negotiation under the Railway Labor Act and does not violate due process or constitutional prohibitions against bills of attainder.