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 notice of reduction of optional Medicaid benefits complied with federal regulations and that no hearing was required for such reductions based on state law or policy.
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580 F.2d 675·
D.C. Cir.·
1978-06-02
·cited 3×
The court held that while expediting an 8(a) subcontract award is not inherently illegal, the selective disregard of established procedures and unauthorized commitments in this case created an impermissible intertwining with competitive bids, potentially leading to unfair treatme
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357 So. 2d 452·
Fla. 2d DCA·
1978-03-31
·cited 3×
Ware Construction sought to build a 16-unit multifamily structure on lots exempt from single-family restrictions under a 1952 recorded plat. The trial court enjoined construction, but the appellate court reversed, finding the plat's exemption provision clearly intended to remove
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Dr. Clasby, a non-tenured faculty member at the University of Miami, sued to enforce a settlement agreement promising tenure consideration, claiming the University breached by having mid-level administrators recommend against her tenure despite receiving majority departmental vot
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347 So. 2d 1059·
Fla. 1st DCA·
1977-06-20
·cited 3×
A Florida appellate court reversed a mandatory injunction requiring removal of a double garage built on a residential lot, finding that the trial court failed to balance equities and that ITT, the developer, had not established entitlement to such drastic relief despite the struc
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The court held that the county ordinance unlawfully delegates authority to the County Administrator without providing adequate standards or guidelines, rendering it unconstitutional as applied.
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310 So. 2d 391·
Fla. 2d DCA·
1975-02-14
·cited 3×
A legal services organization sought court-ordered access to migrant labor camps to investigate working conditions and advise workers of their legal rights. The trial court granted access with conditions, and on appeal, the court affirmed while removing an ethical conduct conditi
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306 So. 2d 515·
Fla.·
1975-01-08
·cited 3×
The Florida Bar petitioned the Supreme Court of Florida to enjoin Ivor W. Howard and Fidencia V. Heller (nee Montez) from engaging in the unauthorized practice of law. The respondents aided and abetted Leon S. Heller—who was previously enjoined from practicing law—by assisting in
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304 So. 2d 504·
Fla. 4th DCA·
1974-11-29
·cited 3×
Property owners appealed a declaratory judgment that invalidated their rezoning and building permit for an apartment complex on Lake Jessamine. The court reversed, finding that the Board of County Commissioners lacked authority to deny the planning commission's rezoning recommend
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A circuit court has jurisdiction to issue an injunction restraining a public officer from harassing citizens by unauthorized actions under color of office, even if the ruling is later found to be erroneous.
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The court held that a Texas statute requiring candidates to swear belief in and defense of the current representative form of government, and to resist any effort to subvert it, unconstitutionally infringes upon First Amendment rights.
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The court held that the city ordinances were unconstitutional and unlawful because their revenue-raising method was unreasonable, arbitrary, unequal, and discriminatory, and exceeded the city's taxing authority.
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481 F.2d 392·
5th Cir.·
1973-07-09
·cited 3×
The court affirmed the dismissal of the Workmen's Compensation and wrongful death claims, finding that the district court properly declined to grant declaratory and injunctive relief, allowing plaintiffs to vindicate rights in state courts.
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280 So. 2d 18·
Fla. 3d DCA·
1973-06-26
·cited 3×
In this second appeal of a zoning dispute, the Florida District Court of Appeal affirmed that the City of Miami Beach's RM-14 zoning classification of the Breitbarts' property was arbitrary and unconstitutional, but reversed and modified the trial court's judgment to the extent i
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272 So. 2d 209·
Fla. 2d DCA·
1973-01-26
·cited 3×
The Florida District Court of Appeal affirmed summary judgment quieting title to accreted lands in a private riparian property owner rather than the state, holding that the accretion doctrine vests title in the upland riparian owner even where accretion results from a municipalit
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466 F.2d 481·
10th Cir.·
1972-09-13
·cited 3×
The court held that the district court lacked jurisdiction to issue an injunction against the IRS because sovereign immunity had not been waived, and the relevant statutes did not grant consent for such a suit.
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251 So. 2d 552·
Fla. 1st DCA·
1971-08-17
·cited 3×
Reader's Digest challenges Florida's exercise of in personam jurisdiction over it as a foreign corporation conducting a sweepstakes and mail-order business. The court affirms that Reader's Digest's massive, continuous solicitation of Florida residents through mail constitutes suf
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227 So. 2d 736·
Fla. 3d DCA·
1969-10-28
·cited 3×
The Florida Association of Dispensing Opticians challenged a Board of Optometry ruling that dispensing opticians lack statutory authority to fit, adapt, or adjust contact lenses to patients' eyes. The court affirmed the lower court's judgment, holding that contact lens fitting is
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225 So. 2d 462·
Fla. 3d DCA·
1969-07-22
·cited 3×
Arthur Puro challenged a summary judgment dismissing his action to enjoin the sale of trust property, claiming the trusts were passive and executed by the Statute of Uses, and that Louis Puro lacked authority to direct the trustee to sell. The court affirmed, holding that res jud
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222 So. 2d 230·
Fla. 3d DCA·
1969-04-22
·cited 3×
A circuit court enjoined disciplinary proceedings by a voluntary professional association against one of its members. The appellate court reversed, holding that members of voluntary associations must exhaust internal appeal remedies before seeking judicial intervention, unless th
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The Third District Court of Appeal of Florida affirmed the lower court's denial of a motion to dismiss an action on an injunction bond. The court found that the case was distinguishable from precedent that would have allowed dismissal, and the appellee should have an opportunity
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194 So. 2d 318·
Fla. 3d DCA·
1967-01-31
·cited 3×
A Florida appellate court affirmed a money judgment against a property owner whose trees damaged neighboring property during a tropical storm. The court held that an equity court had jurisdiction to award monetary damages as incidental relief and that the property owner could be
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176 So. 2d 590·
Fla. 1st DCA·
1965-06-29
·cited 3×
The court held that the recorded plats provided sufficient notice of the right of way's width, and the state's actions constituted acceptance of the dedication, thus rejecting the appellants' claims.
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168 So. 2d 705·
Fla. 3d DCA·
1964-11-03
·cited 3×
The court held that the denial of the motion for judgment for past-due installments should be modified to be pending disposition of the husband's separate suit to cancel the agreement.
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168 So. 2d 81·
Fla. 2d DCA·
1964-09-23
·cited 3×
Lake County appealed a final decree granting an injunction and damages to Gatch for trespass and wrongful possession of land. The court reversed, finding that the County had acquired a prescriptive easement to a roadway over Gatch's land through more than twenty years of continuo
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152 So. 2d 177·
Fla. 3d DCA·
1963-05-01
·cited 3×
Grove Press appeals an injunction against sale of Henry Miller's "Tropic of Cancer" under Florida's obscenity statute. The district court transfers the appeal to the Florida Supreme Court to resolve the jurisdictional question of whether the case involves a direct challenge to a
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134 So. 2d 505·
Fla. 3d DCA·
1961-11-22
·cited 3×
The court held that the recording of a plat constitutes an offer to dedicate streets, which can be revoked before acceptance, and that the city's actions did not constitute acceptance of the dedication for 27th Street.
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Plaintiffs sought a mandatory injunction to remove encroaching structures from property they purchased from defendant via warranty deed. The trial court transferred the case to the law side for trial on ownership, but the appellate court reversed, holding that defendant was estop
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128 So. 2d 437·
Fla. 2d DCA·
1961-03-03
·cited 3×
Residents and taxpayers of Winter Garden challenged the city's acquisition of an electrical plant, alleging non-compliance with Florida Statutes requiring city council approval by a two-thirds vote and voter ratification. The trial court dissolved an injunction after finding the
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123 So. 2d 34·
Fla. 3d DCA·
1960-09-19
·cited 3×
The Central and Southern Florida Flood Control District appealed a final decree enjoining it from exercising drainage and reclamation rights on the appellee's land. The court reversed the injunction, holding that the District's rights under a valid reservation from the Trustees o
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119 So. 2d 423·
Fla. 3d DCA·
1960-04-04
·cited 3×
The appellate court reversed a lower court's injunction against a flood control district, ruling that riparian owners did not have a protected property right to navigate a canal that would be obstructed by a proposed dam. The court found that the right of navigation is a public r
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The court denied the motion for a stay pending appeal, finding it unnecessary to preserve the status quo or effectiveness of a potential future judgment.
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98 So. 2d 747·
Fla.·
1957-11-27
·cited 3×
IBM challenged the taxation of electric accounting machines owned by IBM but used exclusively by the U.S. Air Force at Eglin Field in Okaloosa County, Florida. The Florida Supreme Court reversed the dismissal and held that the machines are not subject to state taxation because a
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The court denied the motion to vacate, set aside, and stay the preliminary injunction, deferring a decision on the merits until the Supreme Court's action provides a more authoritative determination.
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184 F.2d 319·
9th Cir.·
1950-07-10
·cited 3×
The court held that respondents were guilty of civil contempt for violating prior restraining and injunction orders by proceeding with the acquisition of bank assets and businesses despite the court's prohibition. The court denied the application for a stay pending review.
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The court denied a mandatory injunction sought by county commissioners and a taxpayer to remove obstructions from a road, finding that the public did not establish a prescriptive right due to permissive use.
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160 Fla. 826·
Fla.·
1948-07-30
·cited 3×
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160 Fla. 324·
Fla.·
1948-04-02
·cited 3×
The Florida Supreme Court held that a municipal bond validation decree, entered by the trial court in 1924, conclusively settled the validity of bonds issued by the Town of Anna Maria, and therefore the city could not later challenge those bonds on grounds of procedural irregular
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159 Fla. 615·
Fla.·
1947-10-21
·cited 3×
The Florida Supreme Court upheld the Director of the Beverage Department's cancellation of a liquor license issued to an Elks Lodge in Leon County, a dry county where the sale of intoxicating liquors is prohibited. The court held that liquor licenses under Florida law carry an im
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154 F.2d 726·
5th Cir.·
1946-04-12
·cited 3×
The court held that the school board's decision to implement a split session for a predominantly Black school to allow students to participate in agricultural labor during a war emergency was not unconstitutional discrimination based solely on race, given the economic and nationa
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155 F.2d 137·
7th Cir.·
1946-02-22
·cited 3×
The court held that an injunction prohibiting violations of existing and future price regulations concerning distilled spirits was not too broad when interpreted to apply to the same subject matter.
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Kennedy sued to enjoin and recover property from a prior unlawful detainer judgment, seeking interpretation of a lease and restitution after losing the detainer action. The Florida Supreme Court affirmed the lower court's dismissal, holding that appellants should have sought equi
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155 Fla. 297·
Fla.·
1944-12-05
·cited 3×
Lumbermen's Mutual Casualty Company sought an injunction against Lumber Mutual Casualty Insurance Company of New York to prevent use of a confusingly similar name in Florida. The Florida Supreme Court affirmed dismissal of the second amended complaint, holding that the amendments
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154 Fla. 728·
Fla.·
1944-07-21
·cited 3×
Edith S. Dempsey sought a divorce from Clarence A. Dempsey on grounds of extreme cruelty, with relief including an injunction, property division, and attorney's fees. The Florida Supreme Court affirmed the divorce and property division but reversed the attorney's fee award and th
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135 F.2d 212·
8th Cir.·
1943-04-15
·cited 3×
The court held that the appeal should be treated as an application for leave to petition the district court to discharge an injunction, allowing the district court to hear the petition on its merits.
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152 Fla. 551·
Fla.·
1943-03-19
·cited 3×
A Florida taxpayer challenged the tax exemption of a rural housing authority and alleged discriminatory occupancy practices. The Supreme Court upheld the constitutionality of the Housing Authority Laws of Florida and affirmed the dismissal of the taxpayer's bill for injunction.
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The court held that it would not grant bail pending appeal in a civil contempt case involving a compensatory fine, given the defendant's history of non-compliance and the purpose of the fine.
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147 Fla. 700·
Fla.·
1941-07-08
·cited 3×
Domino Canning Association sought an injunction preventing Sunseald Products, Inc. from using the trade name "Sunseald" on citrus products. The Florida Supreme Court affirmed that Domino was entitled to exclusive use of the trade name based on a valid transfer from the bankruptcy
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143 Fla. 619·
Fla.·
1940-07-02
·cited 3×
R.W. Levy challenged a license tax on his recreational business at Lake Bradford that included dancing facilities. The Florida Supreme Court affirmed the lower court's dismissal, ruling that the tax was properly imposed under state law as interpreted in the controlling precedent
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142 Fla. 176·
Fla.·
1940-03-01
·cited 3×
Monarch Orange Company sought to enjoin County Commissioner George Perry from destroying cattle gaps and gates on roads crossing the company's pastureland in Sumter County. The Florida Supreme Court affirmed the injunction, holding that Perry's authority as a county commissioner