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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227 F.2d 434·
10th Cir.·
1955-11-12
·cited 4×
A party out of possession cannot challenge the validity of a mining claim held by another under color of title.
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83 So. 2d 865·
Fla.·
1955-11-02
·cited 4×
The Florida Supreme Court reversed the trial court's decision striking down anti-gambling statutes regulating telephone and telegraph services used for illegal bookmaking. The Court held that Chapter 365 and Section 561.291 are constitutional exercises of the state's police power
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226 F.2d 419·
8th Cir.·
1955-11-01
·cited 4×
The court held that the City was obligated to pay for gas used in its power plant under a separate contract, and that interest was properly awarded from the due date of each payment.
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225 F.2d 882·
9th Cir.·
1955-09-20
·cited 4×
The court held that the defendant's price increases were permissible under the initial General Ceiling Price Regulation but became violations under the subsequent Ceiling Price Regulation 34, and that providing evidence under subpoena does not grant immunity from prosecution.
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82 So. 2d 371·
Fla.·
1955-09-16
·cited 4×
The Florida Supreme Court quashed a receiver appointment and stock sale order in a minority shareholder dispute over restaurant management. The court held that a receiver should not be appointed for a solvent, going concern corporation absent fraud, insolvency, or other exigencie
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The denial of a preliminary injunction is affirmed because serious issues of validity and infringement require a trial on the merits, and no irreparable injury or abuse of discretion was shown.
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This case involves multiple petitioners seeking temporary injunctions against a hotel employees union's picketing. The lower court denied the injunctions, finding the picketing methods were not sufficient grounds for relief, but deferred ruling on the lawfulness of the picketing'
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The court held that the district court did not abuse its discretion in denying the motion to dismiss and issuing a preliminary injunction, finding sufficient evidence of jurisdictional amount and upholding the validity of the state's Fair Trade Law.
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222 F.2d 424·
2d Cir.·
1955-05-02
·cited 4×
The court held that summary judgment was improperly granted on the record before the district court, and the case must be remanded for trial.
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79 So. 2d 511·
Fla.·
1955-04-13
·cited 4×
Citizens and taxpayers challenged the validation and sale of revenue bonds by the Florida State Improvement Commission for bridge and causeway construction. The Florida Supreme Court affirmed dismissal, holding that appellants had no special property rights beyond those of the ge
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222 F.2d 890·
9th Cir.·
1955-04-13
·cited 4×
The court held that neither the restraining order nor the order cancelling the certificate of undesirable discharge were final orders, thus not appealable.
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77 So. 2d 783·
Fla.·
1955-01-21
·cited 4×
The Florida Supreme Court quashed an order denying a motion to dismiss and allowing intervention in a declaratory judgment action, holding that neither the original plaintiff (Broward County Kennel Club) nor the intervenor (a taxpayer and resident) had sufficient standing to chal
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216 F.2d 907·
8th Cir.·
1954-11-19
·cited 4×
The court held that while the trial court had jurisdiction to grant an initial stay and appoint a receiver under the Soldiers' and Sailors' Civil Relief Act, its jurisdiction to continue such relief ended with the statutory period, and it could only proceed to wind up the receive
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75 So. 2d 577·
Fla.·
1954-10-19
·cited 4×
Putnam County sought to enjoin Winifred Cannon from interfering with repairs to two roads it claimed were public thoroughfares crossing her property. The Florida Supreme Court reversed the trial court's summary judgment establishing Road No. 1 as a public road, holding that mater
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214 F.2d 703·
1st Cir.·
1954-07-02
·cited 4×
The court held that employees of a printing company producing forms for businesses engaged in interstate commerce are covered by the Fair Labor Standards Act, and the company failed to establish a retail exemption.
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The appeal abates as to the retired United States Attorney and must be dismissed because the action sought to compel a personal action no longer within his control.
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212 F.2d 943·
5th Cir.·
1954-05-14
·cited 4×
The court held that the Texas federal district court erred in enjoining the New Mexico bank from prosecuting its will construction suit, as the New Mexico court's jurisdiction was not in conflict and its judgment would be persuasive. However, the Texas court did acquire jurisdict
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The court granted an injunction pending appeal, enjoining the company from paying a dividend and redeeming bonds, pending further investigation and report.
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210 F.2d 680·
2d Cir.·
1954-03-04
·cited 4×
The court held that the defendant's deliberate fraud and habitual infringement warranted a broad injunction to prevent further customer filching.
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69 So. 2d 182·
Fla.·
1953-12-08
·cited 4×
West sued Shirley for rescission of a cattle partnership agreement, alleging fraud and seeking return of invested funds. The Florida Supreme Court affirmed the lower court's dismissal of the equity complaint, holding that plaintiffs had an adequate remedy at law and failed to all
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The court held that while the United States could establish its tax lien priority in federal court, it could not enjoin the state court from administering property already in its custody.
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206 F.2d 279·
8th Cir.·
1953-08-12
·cited 4×
The court held that plaintiffs could not sue the Brotherhood for damages because they failed to establish that they were part of the craft represented by the Brotherhood under the Railway Labor Act, a prerequisite for such a claim.
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The Florida Supreme Court affirmed the quashing of a writ of prohibition that sought to prevent an Assistant Municipal Judge and police officers from enforcing a city anti-noise ordinance against a construction contractor's agent. The court held that prohibition is not an appropr
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205 F.2d 872·
D.C. Cir.·
1953-06-11
·cited 4×
The court held that a mortgagor is not entitled to interest on reserve funds held by the mortgagee unless expressly provided for in the agreement, and that attorney's fees are recoverable under a deed of trust covenant when the mortgagee prevails in litigation, subject to reasona
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204 F.2d 212·
5th Cir.·
1953-04-27
·cited 4×
The court held that the Texas Legislature has the constitutional authority to create conservation and reclamation districts and levy ad valorem taxes on all property within them, even if some property receives no direct benefit.
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The Florida Supreme Court held that a trial court erred in dismissing a complaint challenging a city ordinance while simultaneously keeping a temporary injunction in full force and effect. The court found that once a complaint is dismissed, any temporary injunction based on that
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The court held that the plaintiffs failed to state a claim upon which relief could be granted because they had an adequate remedy in Louisiana courts and a court of equity will not issue a mandatory injunction requiring an act in another jurisdiction.
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200 F.2d 743·
D.C. Cir.·
1952-11-06
·cited 4×
The court held that the appellee established a prescriptive easement for the use of alleys, and this easement was not extinguished by the abattoir's closure or subsequent reduced use.
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A party cannot seek judicial intervention to maintain the status quo while an administrative appeal is pending; administrative remedies must be fully exhausted before court intervention is permissible.
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196 F.2d 53·
9th Cir.·
1952-02-28
·cited 4×
The court held that a subsequent congressional act, excluding the Administrative Procedure Act from alien deportation proceedings, rendered the prior injunction moot, requiring dismissal.
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The court held that the prior judgments in Dollar v. Land were not res judicata against the United States, contrary to the trial court's finding.
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The court held that the district court lacked primary jurisdiction over the plaintiffs' claims regarding removal from the Open Order List, and thus properly denied the motion for a preliminary injunction.
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191 F.2d 655·
D.C. Cir.·
1951-08-02
·cited 4×
The court held that separations due to reduction in force are governed by Section 12 of the Veterans' Preference Act, not Section 14, and do not require a mandatory 30-day pay period.
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188 F.2d 841·
6th Cir.·
1951-05-09
·cited 4×
A county cannot be held in contempt for violating an injunction to which it was not a party, even if it acquired property from a party enjoined, because eminent domain proceedings create a new and independent title.
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188 F.2d 28·
D.C. Cir.·
1951-02-01
·cited 4×
The regulation issued by the Administrator is a valid exercise of his statutory authority to determine fair and reasonable compensation for educational institutions serving veterans.
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The court held that the bankruptcy court retained jurisdiction to investigate allegations that the successor corporation's proposed by-law changes aimed to circumvent the reorganization plan.
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The court held that a petition for rehearing and a motion to intervene should be denied because the court should not prejudge the res judicata issues pending before administrative bodies.
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The District Court correctly determined it lacked jurisdiction to review the court-martial proceedings because the appellant was not in confinement.
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The court held that the supplemental complaint was properly dismissed for failure to allege special damages, as required for trade libel claims.
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182 F.2d 338·
5th Cir.·
1950-05-17
·cited 4×
The court held that while damages for proven rent overcharges are not discretionary, restitution is an equitable remedy subject to the court's discretion. The court also affirmed that the statute of limitations did not bar the suit for injunction and restitution.
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182 F.2d 375·
D.C. Cir.·
1950-04-17
·cited 4×
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181 F.2d 295·
8th Cir.·
1950-04-11
·cited 4×
A suit seeking to enjoin an order of a state commerce commission is a suit against the state and barred by the Eleventh Amendment unless the state has expressly consented to suit in federal court.
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179 F.2d 64·
D.C. Cir.·
1949-12-27
·cited 4×
Misuse of an easement, such as serving non-dominant property, does not automatically result in forfeiture or extinguishment if the increased burden can be severed. The court remanded for determination of the extent of the misuse and whether it could be enjoined.
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178 F.2d 515·
5th Cir.·
1949-12-21
·cited 4×
The court held that the record lacked sufficient proof to support a civil contempt adjudication for violating a patent injunction.
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174 F.2d 382·
9th Cir.·
1949-04-29
·cited 4×
The court held that the plaintiff, a citizen and taxpayer, lacked standing to challenge the amendment because he failed to demonstrate direct injury beyond that of the general public.
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Garage services provided to tenants, even if not explicitly in leases, are considered services connected with housing accommodations under rent control regulations.
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The court held that the plaintiff's suit and the defendants' counterclaim for declaratory judgment were both premature because the trust and license agreements had not been fully executed and made effective.
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The Florida Supreme Court affirmed a lower court's denial of a mandatory injunction sought by Pinellas County to reopen a road. The county claimed a public right to the road based on long-term public use, but the court found this use to be permissive, not adverse, and that the co
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160 Fla. 638·
Fla.·
1948-06-29
·cited 4×
The Florida Supreme Court reversed a chancellor's decree granting an injunction to property owners seeking relief from municipal tax assessments for bond debt service. The court held that the chancellor erred in striking portions of the defendants' answer that alleged laches, res
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The court held that the Housing Expediter had the authority to inspect defendants' housing accommodations and that the lower court erred in denying an injunction pendente lite.