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 preliminary injunction was improvidently granted because the surety failed to establish irreparable harm solely from the loss of its quia timet and exoneration rights.
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The court held that the district court erred by not adequately considering whether the range of equivalents sought for the patent would ensnare prior art, requiring vacation of the preliminary injunction.
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The Federal Railroad Safety Act (FRSA) and its implementing regulations do not afford railroad employees an implied private right of action to enforce drug-testing rules or recover damages for violations.
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761 F. Supp. 1528·
M.D. Fla.·
1991-04-01
·cited 3×
The court held that the plaintiffs had standing to bring their action for declaratory relief and denied the defendant's motion to strike portions of the plaintiffs' memorandum.
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575 So. 2d 1357·
Fla. 1st DCA·
1991-03-11
·cited 3×
The Mankas/E & J Enterprises appealed orders granting an injunction against using the business name "DeFranco's Italian Deli" and denying their counterclaim for specific performance, as well as entering judgment on the pleadings against their tort counterclaims. The court affirme
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909 F.2d 839·
5th Cir.·
1990-08-28
·cited 3×
The court held that the categorization of a trademark term is a factual issue, not solely a matter of law, and the district court erred by ruling on it without considering evidence.
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The court held that the district court erred in asserting personal jurisdiction over Valdes-Fauli and the corporate defendants, but that jurisdiction over Rafael Tudela was likely proper based on his use of judgment debtors as instrumentalities. The preliminary injunction was dis
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Florida appellate court affirmed a temporary injunction enforcing a covenant not to compete against a radio announcer whose employment contract was assigned to a successor employer. The court held that covenants not to compete in employment contracts are assignable business asset
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The court held that while the district court had the power to issue an injunction to enforce the venue provision, the orders failed to comply with the specificity requirements of Federal Rule of Civil Procedure 65(d).
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The court held that the classification of a labor dispute as "minor" under the Railway Labor Act is a jurisdictional issue, not a decision on the merits, and the district court correctly found it lacked jurisdiction to enjoin the employer's actions.
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734 F. Supp. 981·
S.D. Fla.·
1990-03-13
·cited 3×
The court held that Florida Bar Rule 3-7.1's confidentiality provision, prohibiting complainants from disclosing information about Bar disciplinary proceedings, is facially and as-applied unconstitutional because it violates the First Amendment's free speech clause.
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The court held that Title III of the LMRDA does not authorize federal courts to enjoin a union from holding a pre-trusteeship hearing, as such a hearing is an internal proceeding distinct from the establishment of a trusteeship itself. The court also vacated prior rulings as moot
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The court held that the district court did not err in granting summary judgment for the defendants, as there were no genuine issues of material fact regarding the city's franchise award process and CSI's claims lacked merit.
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879 F.2d 1154·
3d Cir.·
1989-07-11
·cited 3×
The FDA acted within its statutory authority in promulgating and enforcing regulations that limit the sale of new bulk pharmaceuticals exclusively to holders of new animal drug applications.
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The court held that Shell's notice of termination was timely under the PMPA because the 120-day clock began when Shell acquired actual knowledge of the grounds for termination, not merely upon hearing an allegation. The court also affirmed the denial of the franchisee's prelimina
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The court held that the Corps' regulations, limiting NEPA analysis scope to federally controlled or responsible portions of a project, are a permissible interpretation of the NEPA and entitled to deference.
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The court held that a federal district court should not require a buyer to establish a trust bank account to enforce a seller's right to payment out of a statutory trust, absent evidence of dissipation.
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541 So. 2d 634·
Fla. 3d DCA·
1989-01-17
·cited 3×
Thrifty Dutchman, a property owner-lessor, appeals a trial court decision granting equitable relief to Florida Supermarkets, a lessee who failed to timely renew a commercial lease option. The appellate court reverses, holding that equity cannot relieve a lessee from the consequen
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The court held that defendants' intentional sale of counterfeit merchandise constituted trademark infringement, entitling the plaintiff to treble damages, attorneys' fees, and a permanent injunction.
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The court held that the recognized government of Panama, not the unrecognized Noriega/Palma regime, is entitled to control Air Panama's assets in the United States, and denied intervention by counsel for the unrecognized regime.
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The court held that the district court did not abuse its discretion in granting a preliminary injunction because the plaintiff demonstrated irreparable harm and a likelihood of success on the merits due to a serious question of likelihood of confusion.
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The court denied motions to intervene by Banco Nacional de Panama and the Palma government, and granted a preliminary injunction against the transfer of funds held by Panamanian government entities, based on the political question doctrine and 12 U.S.C. § 632.
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The court held that a pro se litigant's deliberate and announced refusal to comply with court orders, even after being warned of potential dismissal, warrants involuntary dismissal under Rule 41(b).
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The court held that Veterans Administration Improved Pensions (VAIP) awarded pursuant to 38 U.S.C. § 503(a)(8) as reimbursement for medical expenses should not be counted as income for determining eligibility for Florida's Medicaid Institutional Care Payments (ICP) Program.
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The court held that the defendant did not waive its right to arbitration by filing a prior state court action, and thus denied the motion for summary judgment and preliminary injunction.
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498 So. 2d 888·
Fla.·
1986-11-26
·cited 3×
The Florida Supreme Court dismissed a petition for review because it found no direct and express conflict between the Fourth District Court's decision (reversing an injunction on standing grounds) and prior Third District decisions that addressed the merits of similar injunction
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497 So. 2d 1284·
Fla. 4th DCA·
1986-11-12
·cited 3×
Condominium unit owners appealed from an injunction requiring removal of their pet dog, arguing the association board illegally adopted a blanket pet rule without amending the declaration. The Fourth District affirmed the injunction, finding the board properly considered the owne
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The court held that the defendant's sale of counterfeit goods constituted trademark infringement and unfair competition, entitling the plaintiff to profits, trebled damages, costs, and attorneys' fees.
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792 F.2d 1013·
11th Cir.·
1986-06-27
·cited 3×
The court affirmed the injunction, holding that its wording was sufficiently clear and not overbroad, and that the district court did not abuse its discretion in its scope.
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502 So. 2d 1252·
Fla. 3d DCA·
1986-01-28
·cited 3×
Condominium unit purchasers sought to enjoin developers from constructing phases III and IV of a four-phase project in ways that allegedly deviated from the original prospectus and to rescind their purchases under Florida's Condominium Act. The court affirmed the trial judge's fi
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473 So. 2d 1·
Fla. 1st DCA·
1985-06-18
·cited 3×
Valparaiso Realty Company appealed a trial court order upholding the City of Valparaiso's zoning ordinance and enjoining the company from operating a boat sales/rental business on its property. The appellate court affirmed the order, rejecting arguments based on estoppel, non-con
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The court held that a revised preliminary injunction could be entered to prevent Karp from continuing business relationships and disclosing confidential information.
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The court affirmed the denial of a preliminary injunction, finding that the plaintiff failed to demonstrate a likelihood of success on the merits of its Lanham Act claim.
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The court held that the defendants' use of the name 'Davidoff' constituted trademark infringement and unfair competition, and that the plaintiff was entitled to a permanent injunction and attorney's fees.
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458 So. 2d 783·
Fla. 4th DCA·
1984-10-10
·cited 3×
The City of Fort Lauderdale challenged Broward County's proposed charter amendment that would give the county exclusive authority over handgun management without obtaining approval from the city's governing body and voters. The Fourth District Court of Appeal reversed the trial c
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452 So. 2d 973·
Fla. 4th DCA·
1984-06-13
·cited 3×
Sun Crete appealed a preliminary injunction granted to protect Sundeck's Sundek pool deck coating process and trade secrets. The court affirmed the injunction, holding that Sundek's three-step application process, despite using commercially available materials, constitutes a prot
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718 F.2d 363·
11th Cir.·
1983-10-24
·cited 3×
The court held that the appellants failed to allege facts creating an actual controversy, thus the district court lacked jurisdiction.
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433 So. 2d 1364·
Fla. 4th DCA·
1983-07-13
·cited 3×
Davis and Warren appealed a judgment in favor of the City of South Bay following a bench trial where the City cleared abandoned property from their automobile repair business premises under Florida Statutes Section 705.16. The appellate court reversed, holding that the statute vi
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433 So. 2d 1202·
Fla.·
1983-06-09
·cited 3×
The Florida Supreme Court held that owners of land adjacent to or beneath a man-made, non-navigable lake do not possess riparian rights to use the entire lake surface merely by virtue of owning contiguous land, distinguishing man-made lakes from natural lakes where riparian right
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The court held that a temporary restraining order in a divorce action abates upon the death of a party, and therefore, a beneficiary change made by the insured prior to his death, even after the order, was valid.
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The court held that res judicata and collateral estoppel did not bar Anchor's claim for the period after the first show cause hearing, and that the Union's counterclaim for attorney fees was not barred by Alyeska. The court also affirmed the denial of Anchor's discovery extension
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421 So. 2d 58·
Fla. 1st DCA·
1982-11-01
·cited 3×
The court denied a motion for rehearing, clarifying that while libel per se is not a viable doctrine for presumed damages, a complaint may still be sufficient if the defamatory meaning is apparent on the face of the publication, not requiring allegations of inducement and innuend
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The court dismissed the action without prejudice, finding it lacked subject matter jurisdiction and that plaintiffs failed to meet the criteria for a preliminary injunction.
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420 So. 2d 606·
Fla. 5th DCA·
1982-08-18
·cited 3×
Volusia County appeals a circuit court decision quashing its denial of the City of Daytona Beach's application for a certificate to operate an emergency medical transportation service. The circuit court held that section 401.25, Florida Statutes was unconstitutional as applied be
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The court affirmed a temporary injunction restraining interference with appellee's laundry operations but reversed the portion requiring a compulsory cross-claim as overly broad and contrary to Florida Rule of Civil Procedure 1.170(g).
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408 So. 2d 642·
Fla. 3d DCA·
1981-12-22
·cited 3×
The court held that the plaintiff's claim that he was denied the right to vote on a municipal ordinance in a referendum was without merit because the relevant city charter provision requiring a referendum was previously invalidated by the Florida Supreme Court.
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The court held that a district court that defers merits review pending administrative proceedings should dismiss the action unless the plaintiff will suffer irreparable harm from dismissal.
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