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 both the Board of Trustees and Charley Toppino & Sons, Inc. violated the Rivers and Harbors Appropriation Act and the Clean Water Act by filling a slough without a federal permit, and imposed fines and ordered mitigation or restoration.
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The court held that the district court did not abuse its discretion in awarding attorney's fees to the plaintiffs.
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657 F.2d 1126·
10th Cir.·
1981-07-29
·cited 2×
The court held that storing San Juan-Chama water in Elephant Butte Reservoir for future resale, power generation, or municipal needs is not a beneficial use under New Mexico law because it is too remote or speculative, and federal law does not authorize such uses if they conflict
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Abstention under Younger v. Harris was improper because the federal plaintiffs were not parties to the state criminal proceeding and their interests were not sufficiently intertwined to warrant interference with their federal claims.
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The court held that the district court applied incorrect standards in denying the preliminary injunction and that further proceedings are necessary to determine if recognition denial violated students' First Amendment rights.
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399 So. 2d 1091·
Fla. 1st DCA·
1981-06-23
·cited 2×
Florida appealed a habeas corpus decision that permanently enjoined it from delivering temporary custody of Grizzell to Tennessee for trial on criminal indictments. The court reversed, holding that Grizzell waived the protection of the Interstate Agreement on Detainers' anti-shut
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650 F.2d 911·
8th Cir.·
1981-06-03
·cited 2×
The court held that the Migratory Bird Hunting and Conservation Stamp Act authorizes the acquisition of waterfowl production areas without regard to the limitations and requirements of the Migratory Bird Conservation Act, including state consent, and that prior gubernatorial cons
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399 So. 2d 51·
Fla. 1st DCA·
1981-05-26
·cited 2×
On remand from a prior decision enjoining the Department of Transportation to stop flooding Burnette's land, the circuit court held the Department in contempt for failing to comply within 90 days. The appellate court vacates the contempt order, clarifying that its prior decision
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645 F.2d 832·
9th Cir.·
1981-05-22
·cited 2×
Summary judgment for Del Mar was proper because Quinton, having controlled prior litigation against its distributor, was bound by the prior judgment under res judicata and collateral estoppel principles.
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Gory Associated Industries appealed the denial of a temporary injunction against a former officer who violated a non-compete covenant. The court reversed, finding the trial court erred in excluding testimony about the corporate affiliate relationship and abused its discretion in
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Dale Nute, an FDLE Crime Laboratory Supervisor, appealed his involuntary transfer from Tallahassee to Tampa, arguing he was entitled to an administrative hearing under Florida's Administrative Procedure Act. The court held that FDLE transfers are statutorily exempt from review an
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The court held that the district court did not abuse its discretion in issuing a preliminary injunction requiring the Postal Service to follow its own regulations regarding bulk mail permits.
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The dissenting judge argues that a party's inability to comply with a court order is a complete defense to civil contempt.
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The court held that the district court abused its discretion in granting a preliminary injunction because the restrictive covenant was likely unenforceable under Georgia law due to an overly broad subparagraph and Georgia's rejection of the 'blue-pencil theory'.
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A state statute requiring sheriffs to possess a high school diploma or its equivalent does not violate the Equal Protection Clause of the Fourteenth Amendment.
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The court held that a party must exhaust administrative remedies before seeking judicial intervention, as premature interference with the administrative process is improper.
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The court held that a preliminary injunction should not have been granted because the plaintiff had an adequate remedy at law through monetary damages in the state court system.
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The court declined to decide the constitutional issue, deferring to the district court's resolution of nonconstitutional claims first.
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The court held that plaintiff demonstrated entitlement to a preliminary injunction as a matter of law, reversing the denial.
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The court held that a preliminary injunction to prevent a referendum vote on a proposed ordinance is not warranted because the ordinance is not facially unconstitutional and the issue of its constitutionality is not ripe for adjudication.
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The court held that an increase in the number of shares sought in a tender offer does not constitute a new offer requiring a full extension of the offer period under the Williams Act and SEC regulations.
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625 F.2d 321·
9th Cir.·
1980-08-13
·cited 2×
The bankruptcy court possessed summary jurisdiction over the stock, and the district court erred in finding otherwise. However, the injunction against Mr. Palmer's state court action was properly vacated due to lack of evidence of interference.
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495 F. Supp. 682·
M.D. Fla.·
1980-07-29
·cited 2×
The court held that while plaintiffs stated constitutional claims over which it had jurisdiction, they failed to state a claim under 42 U.S.C. § 1983 based on the Hill-Burton Act because they did not allege exhaustion of administrative remedies as required by the statute.
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The court held that while the preliminary injunction was improperly granted due to overbreadth, the case should not be dismissed for lack of jurisdiction, and should instead be remanded for consideration of appropriate procedural relief.
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The court held that the union's express reservation of the right to strike over wage rates, as interpreted in the context of the entire collective bargaining agreement, precluded the issuance of a preliminary injunction under the Boys Markets exception to the Norris-LaGuardia Act
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The court held that the Norris-LaGuardia Act bars federal courts from enjoining peaceful picketing by a union when the employer is subject to the Railway Labor Act but no specific RLA procedures are violated by the union's conduct.
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The court held that the appeal from the denial of a preliminary injunction must be dismissed because the order was interlocutory and the appellant failed to obtain the necessary certification for appeal.
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The court held that Federal Rule of Appellate Procedure 18 does not require an oral hearing for applications for injunctions pending agency review, and therefore, no error was committed by entering an injunction without one.
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The court held that plaintiffs failed to demonstrate irreparable injury, thus denying their application for a preliminary injunction.
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614 F.2d 945·
4th Cir.·
1980-02-12
·cited 2×
The court held that dismissing a protective action without prejudice, even for administrative reasons, is unwarranted if it could impose the burden of litigation the protective suit was designed to prevent.
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The court held that the company's appeal was timely and the district court did not exceed its jurisdiction in ordering arbitration of all arbitrable disputes when continuing a Boys Markets injunction.
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The court held that the 1975 agreement to pay attorney fees in installments constituted a new extension of credit requiring Truth-in-Lending Act disclosures, entitling the Tappins to rescission of that agreement and statutory damages.
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382 So. 2d 330·
Fla. 4th DCA·
1980-01-23
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Tri-Plaza Corporation and Don T. Davis appealed a trial court order granting a temporary mandatory injunction that appointed a trustee to manage promissory note payments in a real estate dispute. The Fourth District Court of Appeal reversed, finding the trial court abused its dis
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378 So. 2d 1247·
Fla. 1st DCA·
1979-12-17
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The Board of County Commissioners reassigned courthouse space to the State Attorney and Public Defender without judicial approval, prompting the Chief Judge to issue a permanent injunction. The appellate court reversed, holding that while courts have inherent power over essential
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611 F.2d 250·
8th Cir.·
1979-12-14
·cited 2×
The court held that the statute prohibiting fee-based messenger services for parimutuel betting is constitutional under due process and equal protection clauses.
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377 So. 2d 752·
Fla. 4th DCA·
1979-11-28
·cited 2×
Pal-Mar Water Management District appeals a permanent injunction prohibiting it from excavating or filling land in Martin County without obtaining local permits. The court affirmed the injunction, holding that absent specific statutory exemption, a public corporation must apply t
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The court held that the district court erred by applying an improper standard for granting an interlocutory injunction and by failing to consider congressional findings when enjoining enforcement of the Surface Mining Act.
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The appellant was denied his constitutional right to a jury trial when the trial court ordered a nonjury trial on compensatory damages in a case where the complaint contained both legal and equitable claims. The court reversed the damages judgment and remanded for a new trial bec
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The court granted a stay of execution of a preliminary injunction pending appeal and expedited the appeal.
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The court held that while injunctive relief was proper to prevent disruption of a unitary school system, the injunction's permanent nature and absolute prohibition within one block were overly broad.
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366 So. 2d 1264·
Fla. 4th DCA·
1979-02-07
·cited 2×
Broward County may enforce its food service permit ordinance against a school cafeteria because state law exempts school cafeterias from state licensing rather than preempting local regulation, so the county ordinance is not inconsistent with state law.
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367 So. 2d 237·
Fla. 4th DCA·
1979-01-17
·cited 2×
A Florida appellate court reversed a trial court's denial of injunctive relief to Loxahatchee Recreation, Inc., which held an exclusive concession contract to operate recreational facilities on federal wildlife refuge lands. The court held that the exclusive franchise was valid b
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The court held that jockeys' collective refusal to race to increase compensation constituted an illegal effort to control prices through concerted action, and thus affirmed the preliminary injunction.
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365 So. 2d 402·
Fla. 3d DCA·
1978-11-28
·cited 2×
The court held that the trial court erred in finding the value of improvements negligible without evidentiary basis, but affirmed the denial of equitable estoppel to prevent eviction.
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363 So. 2d 1170·
Fla. 3d DCA·
1978-11-07
·cited 2×
In this appeal of an amended final order, the plaintiff Candib challenges the trial court's clarification of its prior judgment in a property dispute with defendant Carver, arguing the court abused its discretion. The appellate court affirmed the amended order, finding no reversi
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363 So. 2d 859·
Fla. 4th DCA·
1978-11-01
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The court held that the School Board's action in establishing school boundaries is agency action reviewable solely under the Administrative Procedure Act, not by declaratory relief and injunction in circuit court.
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Judicial relief was premature because the plaintiff can obtain adequate relief through the administrative process.
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583 F.2d 373·
7th Cir.·
1978-09-06
·cited 2×
The court reviewed a case where a law firm was sued for negligence by a party their client defrauded, questioning whether an attorney's duty extends beyond the client to a third party when the attorney knows the client is a fiduciary.
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Ralo, a sightseeing cruise operator, appealed an eviction order after Marine, a marina operator with a lease to the City of Sarasota conditioned on public use, terminated Ralo's month-to-month dock usage without cause. The court reversed, holding that Marine's obligation to offer
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The court held that the union's strike and picketing against the general contractor constituted an illegal secondary boycott, and the district court improperly assigned work, which is the exclusive province of the NLRB.