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 district court did not abuse its discretion in denying a preliminary injunction, as the case was not ripe for adjudication of constitutional issues.
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Wakulla-Silver Springs Company appealed the trial court's denial of a temporary injunction to prevent Wakulla County from taking possession of and interfering with a strip of land that the company claimed to own. The court upheld the denial, finding the trial judge did not abuse
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428 F.2d 822·
2d Cir.·
1970-07-16
·cited 2×
The court held that the judgment below must be reversed and remanded in light of the Supreme Court's decision in Zuber v. Allen.
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429 F.2d 20·
8th Cir.·
1970-07-14
·cited 2×
The court held that the petitioner's federal constitutional rights were not violated by the denial of a preliminary hearing, and that federal courts are prohibited from enjoining state court proceedings under 28 U.S.C. § 2283.
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The court held that the district court's findings of fact regarding the termination of the gas supply contract were not clearly erroneous, and thus affirmed the decision.
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429 F.2d 151·
3d Cir.·
1970-06-25
·cited 2×
Alien crewmen are statutorily excluded from adjusting their immigration status to permanent residence under Section 245 of the Immigration and Nationality Act, and the relevant regulation is valid.
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The appellate court affirmed the denial of a preliminary injunction, finding no abuse of discretion by the trial court.
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The court held that plaintiffs were unlikely to prevail on the merits of their claim for public hearings regarding Outer Continental Shelf permit applications, and thus the district court did not abuse its discretion in denying a preliminary injunction.
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235 So. 2d 318·
Fla. 2d DCA·
1970-03-18
·cited 2×
A municipal license tax based on gross sales, even if enacted prior to a state statute, is a sales tax and is violative of F.S. § 212.081 if it duplicates a state excise tax.
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The court held that the District Court did not abuse its discretion in denying a temporary injunction and staying proceedings, but remanded for reconsideration of the stay in light of subsequent appellate action.
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230 So. 2d 717·
Fla. 2d DCA·
1970-01-23
·cited 2×
This case addresses whether Florida is an 'open range' state where livestock owners have no duty to contain their animals and bear no liability for damage to neighboring property. The appellate court held that Florida was governed by the English common law rule requiring livestoc
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The court held that the District Court did not abuse its discretion in denying a preliminary injunction, as the plaintiffs failed to demonstrate imminent and irreparable injury.
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A federal court lacks jurisdiction to enjoin a union strike that violates a no-strike clause, even if the strike is in furtherance of a labor dispute.
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The court held that the district court should consider the merits of the injunction pending appeal, rather than dismissing based on failure to exhaust administrative remedies.
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415 F.2d 1291·
7th Cir.·
1969-08-18
·cited 2×
The court held that while the existing Chicago ward lines were unconstitutional, the district court's order delaying a remedy was reasonable given the timing of the 1970 census and upcoming elections, but modified the deadline for the city council to submit a reapportionment plan
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411 F.2d 801·
6th Cir.·
1969-06-05
·cited 2×
A national bank, whose main office is located in a municipality that spans multiple counties, may establish a branch in any of those counties, provided it receives administrative approval.
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410 F.2d 1197·
10th Cir.·
1969-05-15
·cited 2×
The Secretary of the Interior has the statutory authority to kill deer within Carlsbad Caverns National Park for research purposes necessary for park management and conservation, even without state permits.
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408 F.2d 619·
6th Cir.·
1969-04-09
·cited 2×
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407 F.2d 567·
9th Cir.·
1969-02-03
·cited 2×
The court held that the condemnation of property for urban renewal and resale was for a public purpose with sufficient legislative authorization, but remanded the injunction-declaratory judgment case for consideration of whether a declaratory judgment on the sale method was appro
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406 F.2d 1275·
9th Cir.·
1969-01-30
·cited 2×
The court held that the district court erred in dismissing the Association's claim against the Webb group for lack of subject matter jurisdiction, and that the district court should not dismiss the Title Company without determining if its presence is necessary for complete relief
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31 Fla. Supp. 131·
Palm Beach Cty. Cir. Ct.·
1968-12-20
·cited 2×
Homeowners sued adjoining property owners for damages caused by tree roots and branches on the boundary line, seeking damages and an injunction to remove the trees. The court held that because trees straddling a boundary line are common property of both owners, and because the pl
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404 F.2d 27·
6th Cir.·
1968-11-29
·cited 2×
The court affirmed the denial of the writ, but without prejudice to the appellant's right to raise the speedy trial issue as a defense in state court.
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215 So. 2d 780·
Fla. 3d DCA·
1968-11-19
·cited 2×
Firemen sought a declaration of their rights regarding temporary assignments to higher classifications under Miami's civil service rules. The court held that while such assignments require a genuine emergency, the question of whether an emergency exists is one of fact for the Civ
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214 So. 2d 888·
Fla. 2d DCA·
1968-10-30
·cited 2×
Liberty Equities leased land to Joe's Creek Industrial Park with purchase options. When Liberty threatened cancellation, Joe's Creek sought injunctive relief including a mandatory injunction requiring Liberty to convey property parcels to third-party purchasers. The appellate cou
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214 So. 2d 634·
Fla. 3d DCA·
1968-10-15
·cited 2×
Tietig appeals the dismissal of his tax refund complaint against Dade County, arguing that allegations showing voluntary tax payment constitute an affirmative defense that cannot support dismissal. The court affirms, holding that voluntary payment of taxes precludes recovery rega
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214 So. 2d 745·
Fla. 4th DCA·
1968-09-26
·cited 2×
Taxpayers of Seminole County challenged the Board of County Commissioners' plan to finance construction of a new courthouse in Sanford under Chapter 135 without voter approval. The court held that the constitutional reservation of power to determine the county seat cannot be circ
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214 So. 2d 45·
Fla. 3d DCA·
1968-09-17
·cited 2×
Appellants challenged a Zoning Board decision through a circuit court action without filing a record of the Board proceedings. The court affirmed dismissal of the complaint, holding it was deficient both as an injunction suit (lacking required allegations of special damages) and
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213 So. 2d 435·
Fla. 1st DCA·
1968-07-30
·cited 2×
The Florida Industrial Commission members appealed a circuit court's issuance of a peremptory writ of prohibition halting proceedings on a workmen's compensation claim, challenging the Commission's statutory authority to act. The appellate court reversed, holding that the circuit
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398 F.2d 36·
7th Cir.·
1968-06-27
·cited 2×
The court modified the judgment to be without prejudice to Greyhound's claim of authority based on a 'tacked' route, affirming the dismissal of the claim based on a direct route that did not authorize service to the airport.
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The court held that the plaintiff's separation was arbitrary and capricious due to the defendant's contradictory actions and confusing communications regarding her transfer, entitling her to recover her salary.
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211 So. 2d 62·
Fla. 4th DCA·
1968-06-06
·cited 2×
Demko's Gold Coast Trailer Park appealed from an injunction enforcing Palm Beach County's building codes, challenging the statutory authority of the county to adopt such codes. The district court found it lacked jurisdiction because the appeal necessarily involved the validity of
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The court held that the grantor's ex-wife could validly consent to a reduction in trust corpus, but that a claim for reformation of a trust based on mutual mistake should not have been dismissed summarily.
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The court rescinded its prior order allowing charging parties to intervene as appellees, but deemed it an authorization for them to appear as amici curiae.
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The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiff failed to show immediate and irreparable harm.
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390 F.2d 158·
1st Cir.·
1968-03-07
·cited 2×
The court held that plaintiffs had no right to require the legislature to submit the question of holding a plebiscite to a vote, especially when their proposed 'no' vote was ambiguous.
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206 So. 2d 41·
Fla. 2d DCA·
1967-12-28
·cited 2×
A minority stockholder of Gulf American Corporation sought appellate review via a derivative action challenging the Florida Land Sales Board's November 10, 1967 order suspending the corporation's registration for 30 days and appointing five monitors to oversee its operations. The
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The court held that while the defendant established a right to water appropriation under federal law, this right did not automatically grant an easement for grazing livestock on public lands. However, a right of way for diverting the water was recognized.
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The court held that the district court correctly found a dispute existed regarding contract interpretation, thus lacking jurisdiction, but erred in entering a judgment on the merits.
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393 F.2d 345·
D.C. Cir.·
1967-10-06
·cited 2×
The court held that it had jurisdiction to enforce an arbitration award against railroads and could provide a judicial remedy for employees injured by misapplication of the award, even if the claims might otherwise be subject to the Railway Labor Act's grievance procedures.
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The court transferred the appeal to the Ninth Circuit Court of Appeals, yielding to the statutory intent that an administrative action be reviewed in the circuit where proceedings were first instituted.
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382 F.2d 275·
10th Cir.·
1967-08-23
·cited 2×
A bankruptcy discharge, if properly pleaded, bars collection efforts on discharged debts, and a bankruptcy court can enjoin such efforts.
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202 So. 2d 109·
Fla. 1st DCA·
1967-07-20
·cited 2×
Taxpayers appealed dismissal of complaints challenging Monroe County's use of bonded public funds for road, bridge, and canal projects, arguing they benefited private landowners in violation of the Florida Constitution's prohibition on lending public credit to private enterprises
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29 Fla. Supp. 77·
Indian River Cty. Cir. Ct.·
1967-05-16
·cited 2×
Sebastian River Drainage District sought declaratory and injunctive relief against landowners Ansin and Corrigan regarding the scope of drainage rights granted by a 1942 easement. The court held that while the defendants retained basic rights to drain surface water and maintain D
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375 F.2d 938·
5th Cir.·
1967-04-05
·cited 2×
The court held that the district court did not abuse its discretion in refusing to exercise jurisdiction over the federal declaratory judgment suit, finding abstention proper.
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The court held that the federal statute mandating venue for national banks in their county of establishment is mandatory and was not waived by the bank's actions.
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A party with actual knowledge of an injunction is bound by its terms, even if formal service of process was not perfected.
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193 So. 2d 191·
Fla. 3d DCA·
1966-12-27
·cited 2×
This case involves an interlocutory appeal concerning the rights of indigent juveniles detained in a juvenile detention facility. The appellate court reversed the lower court's order denying a motion to dismiss, finding the issues moot as to the plaintiff and that he did not adeq
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Plaintiff appealed from interlocutory orders dismissing his complaint for failure to exhaust administrative remedies and failure to comply with notice requirements before seeking mandatory injunction to force defendants to relocate a dwelling house in a residential zone. The appe
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192 So. 2d 305·
Fla. 3d DCA·
1966-11-22
·cited 2×
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The Board of Public Instruction of Duval County and the State Superintendent sought a constitutional stay writ or temporary injunction to prevent county officials from certifying and collecting taxes based on a budget that the county budget commission had reduced by $3 million de