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 forty-foot height limitation in Section 29-50 does not apply to buildings constructed under the 1-B1 zoning district regulations when incorporated into a 2-C district, and that the city must review the building plans.
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269 So. 2d 28·
Fla. 1st DCA·
1972-11-21
·cited 2×
The United Steelworkers appeals a trial court's temporary injunction issued without notice against union picketing at Seminole Asphalt Refining's plant. The appellate court reversed, holding that the unverified petition and affidavit were legally insufficient to support an ex par
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The court held that Florida Statute §104.38 is unconstitutional on its face as it violates the First Amendment by impermissibly infringing upon freedom of the press and is also void for vagueness.
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272 So. 2d 141·
Fla.·
1972-10-18
·cited 2×
The Florida Supreme Court addressed the constitutionality of Chapter 72-555, which created a unified county government for Hillsborough County with a nine-member council elected from districts. The court reversed the trial court's invalidation of the act, corrected a clerical omi
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468 F.2d 215·
Temp. Emer. Ct. App.·
1972-10-12
·cited 2×
The court held that the City of New York's power to enforce the guaranty contract for Pomonok Houses' financing constitutes 'control' over rents for the purpose of Price Commission Regulation 301.106(b)(2), exempting the rent increase from federal control.
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Active duty time obtained solely through an improperly issued restraining order and injunction cannot be counted towards the two-year period required for sanctuary from involuntary release under 10 U.S.C. § 1163(d).
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The court held that the trial court did not err in denying appellant's request for a preliminary injunction.
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The court affirmed the denial of a preliminary injunction, finding no clear abuse of discretion by the district court.
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266 So. 2d 120·
Fla. 1st DCA·
1972-08-24
·cited 2×
The court held that when federal property is used by a private enterprise for its own gain, the property loses its tax immunity.
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265 So. 2d 417·
Fla. 1st DCA·
1972-08-15
·cited 2×
Gulf Power Company sought to enforce a 1955 permanent injunction against Choctawhatchee Electric Cooperative (Cheleo) preventing it from serving the Baker schoolhouse site in Okaloosa County. The trial court upheld the injunction, rejecting Cheleo's defenses of laches, waiver, an
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The court held that the appeal should be dismissed because the case is moot, as there is no longer a threat of disclosure of confidential welfare recipient information.
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264 So. 2d 97·
Fla. 2d DCA·
1972-06-21
·cited 2×
The court held that the restrictive covenant, coupled with the appellant's election to provide water service for over five years, obligated him to continue providing water and that discontinuing service constituted a breach.
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The court held that the district court properly classified the dispute as 'minor' under the Railway Labor Act and affirmed the injunction, but remanded for the district court to determine equitable claims filing.
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The court held that the National Labor Relations Board (NLRB) did not adequately consider the challenged ballots when it set aside an election due to a business transfer, and thus the case must be remanded for the Board to resolve the ballot challenges.
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457 F.2d 79·
3d Cir.·
1972-03-14
·cited 2×
Federal courts should not enjoin or grant declaratory relief for pending state court proceedings unless exceptional circumstances are present.
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455 F.2d 638·
5th Cir.·
1972-02-23
·cited 2×
The court held that the district court properly dismissed Lehigh's complaint because the issues had already been determined adversely to Lehigh in prior proceedings.
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A registrant who received a II-S undergraduate deferment after the enactment of the Military Selective Service Act of 1967 is not entitled to a III-A fatherhood or dependency classification. The district court properly denied pre-induction relief.
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256 So. 2d 395·
Fla. 2d DCA·
1972-01-14
·cited 2×
Residents challenged the City of St. Petersburg Beach's plan to develop recreational facilities on Lazarillo Park, claiming the land was dedicated as a horticultural park with restrictions for church and villa sites. The court affirmed the city's authority to develop the property
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256 So. 2d 556·
Fla. 3d DCA·
1972-01-13
·cited 2×
Webster Outdoor Advertising Company challenged Miami's 1965 ordinance requiring removal of nonconforming billboard signs within five years, arguing the removal requirement could not apply to signs that became nonconforming before 1965. The court upheld the ordinance, holding that
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257 So. 2d 563·
Fla. 3d DCA·
1972-01-11
·cited 2×
The City of Miami appeals a trial court judgment invalidating R-1 single-family residential zoning on the Silvers' bayfront property, finding it unreasonable, arbitrary, and confiscatory. The appellate court affirmed, holding that the zoning restriction bore no rational relations
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The Florida District Court of Appeal reversed a trial court's denial of a temporary injunction sought by the State Board of Funeral Directors and Embalmers to stop George Evans from unlawfully practicing funeral directing and embalming without a license. The court held that the a
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453 F.2d 779·
8th Cir.·
1972-01-05
·cited 2×
The dissenting judge would reverse the lower court's injunction, finding no substantial federal question and that the school's hair length rule was a valid exercise of administrative authority.
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The court held that the parties' suggested course of action to remand the case to the District Court for disposition in accordance with a prior order is desirable.
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The court denied the motion for an injunction pending appeal.
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A preliminary injunction prohibiting the sale of greeting card booklets solely because they imitated the format of the plaintiff's unpatented product was overly broad and improper under federal patent law principles.
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254 So. 2d 855·
Fla. 3d DCA·
1971-11-16
·cited 2×
Warehousing companies operating under Florida Public Service Commission certificates challenged Dade County and municipal occupational license taxes as invalid. The court affirmed the trial court's ruling that such taxes could be imposed and rejected plaintiffs' attempt to pursue
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The court held that the district court lacked subject matter jurisdiction because the appellants had not exhausted their administrative remedies and the Board is the proper forum to interpret its own rules.
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The court held that the case should be remanded for final disposition due to changed circumstances and the government's broad interpretation of the injunction.
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254 So. 2d 371·
Fla. 3d DCA·
1971-10-05
·cited 2×
Peoples Gas System challenged a trial court's summary judgment holding that the utility had no authority to collect a municipal franchise fee from customers. The court reversed, holding that a public utility may lawfully pass municipal franchise fees to affected customers as an a
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The court held that the plaintiffs failed to demonstrate the irreparable injury required for federal injunctive relief against the ordinance.
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The court held that the trial court lacked authority to grant relief regarding individual classification issues or the general objection to the ministerial exemption due to statutory prohibitions on review.
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The court held that the plaintiffs failed to state a claim under 42 U.S.C. § 1983 because the city officials' refusal to provide computerized voter data did not constitute a misuse of power or an abridgment of constitutional rights.
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The District Court erred by dismissing the Bolton claim without hearing evidence on whether the beach was submerged or artificially constructed.
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444 F.2d 1184·
6th Cir.·
1971-06-07
·cited 2×
The court held that the district judge did not abuse his discretion in denying an injunction to halt the construction of new schools, applying Supreme Court desegregation guidelines.
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The court held that the district court erred in denying the plaintiff's motion for a preliminary injunction and remanded the case for expeditious findings of fact and conclusions of law.
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Labor unions sought a writ of prohibition to bar a circuit judge from enjoining a strike they claimed was protected activity under federal labor law. The court held that state courts have concurrent jurisdiction to enforce no-strike provisions in collective bargaining agreements,
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The court held that the dissolution of the trusteeship and subsequent election did not moot the appeal, and affirmed the denial of the preliminary injunction.
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The court held that an injunction prohibiting the broadcast of anti-smoke commercials would constitute an impermissible prior restraint under the First Amendment.
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The court held that the district court's findings and legal conclusions were supported by substantial proof and were fully warranted, affirming the judgment against the plaintiff.
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247 So. 2d 753·
Fla. 1st DCA·
1971-04-20
·cited 2×
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The court held that the appellants willfully violated the permanent injunction by engaging in specific types of freight transportation, and the damages award was not inequitable despite subsequent legal developments.
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436 F.2d 1297·
3d Cir.·
1970-12-29
·cited 2×
An easement by prescription can be acquired in a public sidewalk against the abutting fee owner, provided the use falls outside the scope of the public easement. However, prescriptive rights cannot be acquired against a municipality.
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435 F.2d 826·
1st Cir.·
1970-12-10
·cited 2×
The court held that the defendant could not be convicted of criminal contempt because the court order was not sufficiently clear and unambiguous to establish wilful violation.
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The court held that the Armory Board's refusal to rent the Armory to appellants was a reasonable exercise of its discretion and did not violate constitutional rights.
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240 So. 2d 501·
Fla. 2d DCA·
1970-10-28
·cited 2×
A non-compete agreement lacking express territorial limitation is not void on its face and may be enforceable to the extent it restricts solicitation of customers and use of trade secrets, with the trial court having authority to reduce restrictions to reasonable scope.
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The court held that the district court did not err in denying the student's motion for a preliminary injunction.
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The Florida Supreme Court vacated a temporary injunction prohibiting a union from picketing a hotel, finding that federal labor law preempts state authority to enjoin peaceful picketing in labor disputes. The Court held that the Circuit Court lacked sufficient factual basis to ex
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The court held that the RLA's interpretation and procedure violated the statute, and the plaintiff was entitled to injunctive relief to protect her statutory priority rights.
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430 F.2d 1282·
9th Cir.·
1970-08-06
·cited 2×
The court held that the district court correctly dismissed the action for lack of jurisdiction, as the appellant had not exhausted administrative remedies and the claims did not invoke mandamus jurisdiction.
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The court held that the two suspension cases should have been treated as one, entitling the appellant to an appeal for a total suspension exceeding 30 days.