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
-
191 So. 2d 453·
Fla. 2d DCA·
1966-11-02
·cited 2×
The City of Lake Wales challenged a special act extending city boundaries to include two areas, while the Florida Citrus Canners Cooperative (a property owner in one area) sought to enjoin ad valorem taxation under the act. The court held the special act unconstitutional because
-
The appeal is dismissed as moot because the marketing order, which the injunction was based upon, has been terminated.
-
367 F.2d 151·
2d Cir.·
1966-09-27
·cited 2×
The court held that the district court properly enjoined the prosecution of certain counts in a subsequently filed action and that the attachment obtained was sufficient for the remaining claim.
-
The court held that despite potential inconvenience, a free-choice desegregation plan must be implemented for the upcoming school term due to the long delay since Brown v. Board of Education.
-
187 So. 2d 658·
Fla. 3d DCA·
1966-06-14
·cited 2×
Church property dispute in which former trustees of St. Stephen's Wesleyan Methodist Church sought to rescind a 1957 deed transferring church property to the African Methodist Episcopal Zion Church. The court affirmed the lower court's decision, holding that the former trustees l
-
361 F.2d 757·
5th Cir.·
1966-06-10
·cited 2×
The court held that the Attorney General's interpretation of the statute, which included correspondence within the definition of 'access,' was reasonable and did not violate the prisoner's constitutional rights.
-
The appellate court dismissed a petition for certiorari because the issue raised, concerning a temporary injunction, became moot after the lower court dissolved the injunction. The court found that the dissolution rendered the appeal unnecessary.
-
The district court lacked jurisdiction to issue an injunction compelling a railroad to furnish a specific number of boxcars, as such matters are primarily within the administrative competency of the Interstate Commerce Commission.
-
186 So. 2d 533·
Fla. 3d DCA·
1966-05-03
·cited 2×
The court held that the city was equitably estopped from collecting penalty interest on the portion of the tax that the railway had paid and the city had retained without objection.
-
184 So. 2d 675·
Fla. 2d DCA·
1966-03-18
·cited 2×
In this interlocutory appeal, the Baya plaintiffs challenge the trial court's decision to strike portions of their second amended complaint alleging misuse and forfeiture of a disputed road easement previously established by the Williams heirs in prior litigation. The court affir
-
356 F.2d 473·
9th Cir.·
1966-02-17
·cited 2×
The court held that the collective bargaining agreement did not grant vested seniority rights under these circumstances, and the union's decision-making process was fair.
-
183 So. 2d 257·
Fla. 4th DCA·
1966-02-17
·cited 2×
Local 1526 and the International Longshoremen's Association appealed an interlocutory order denying their motion to dissolve an injunction issued by the Port Authority. The court affirmed the injunction, holding that the union's boycott of Port Everglades constituted unlawful coe
-
183 So. 2d 535·
Fla.·
1966-02-02
·cited 2×
The Florida Supreme Court upheld the constitutionality of Florida Statute § 466.29, which authorizes the Florida State Board of Dental Examiners to seek injunctions against unauthorized dental practice. The court rejected the appellant's argument that the statute violated the con
-
The court held that the plaintiff was not engaged in intrastate commerce in Maryland and that the fair trade contract's 'fleet operator' exemption was too indefinite for enforcement.
-
The court held that the Federal Trade Commission lacked the statutory authority to seek a preliminary injunction to preserve the status quo pending administrative review of a merger.
-
The court held that the petitioner had not exhausted his state remedies and that the federal courts lacked jurisdiction over his claims.
-
The appeal from the denial of a temporary injunction is moot because the events sought to be restrained have already occurred.
-
The court held that the district court did not err in granting a preliminary injunction and appointing a receiver.
-
177 So. 2d 857·
Fla. 1st DCA·
1965-08-19
·cited 2×
A landlord appealed a decree enjoining him from terminating a commercial lease after the tenant's rental check bounced in March 1964. The tenant had timely mailed the check within the grace period, promptly notified the landlord of the insufficient funds, offered alternative paym
-
349 F.2d 114·
6th Cir.·
1965-07-30
·cited 2×
The court held that a state judge is immune from suit under 42 U.S.C. § 1983 and that there was no evidence of racial discrimination in the state court's dismissal of the plaintiff's case.
-
A corporation cannot use Florida's fictitious name statute to compel a telephone company to publish fictitious business names in the yellow pages, as corporations are expressly excepted from that statute's protections.
-
26 Fla. Supp. 7·
Dade Cty. Cir. Ct.·
1965-06-25
·cited 2×
Property owners challenged a county zoning decision that denied their application to rezone commercial property for a service station, arguing the restrictive zoning was arbitrary and confiscatory. The court found the zoning classification unconstitutionally exceeded the bounds o
-
176 So. 2d 514·
Fla. 1st DCA·
1965-06-08
·cited 2×
The Florida Public Utilities Commission sought to enjoin the Florida East Coast Railway Company from collecting freight charges other than those prescribed in the Commission's order, which had been partially quashed by the Florida Supreme Court for lack of evidentiary support. Th
-
The failure to assert a bankruptcy discharge as a defense in a state court action constitutes a waiver of that defense, precluding the debtor from later seeking ancillary jurisdiction in federal court to enforce the discharge.
-
The appeal is dismissed as moot because the National Railroad Adjustment Board has issued a decision on the underlying dispute.
-
The court held that the permanent injunction, as construed, properly limited discriminatory admission terms and retained jurisdiction for future orders regarding segregated facilities.
-
The Secretary of Defense has the authority to issue directives setting conditions for driving, parking, and soliciting insurance on military installations, and these directives are not subject to judicial review if committed to agency discretion and not arbitrary or capricious.
-
The court affirmed the denial of a temporary injunction and dismissed the Local's appeal.
-
170 So. 2d 466·
Fla. 3d DCA·
1965-01-12
·cited 2×
In this employment non-compete case, the Florida District Court of Appeal affirmed the trial court's denial of a motion to dismiss for lack of personal jurisdiction but reversed the trial court's refusal to dissolve a temporary injunction issued without service of process on the
-
The court held that the District Judge did not err in denying the preliminary injunction because the finding that the school board did not intend to segregate was not clearly erroneous.
-
334 F.2d 991·
7th Cir.·
1964-07-20
·cited 2×
The court vacated the district court's judgment and remanded the case for further proceedings due to unusual circumstances regarding an ordinance amendment.
-
164 So. 2d 260·
Fla. 3d DCA·
1964-05-26
·cited 2×
A city employee and pro-manager of a municipal golf course entered into a lease agreement with the city. Taxpayers challenged the lease as violating the city charter's conflict-of-interest provision. The court reversed the lower court's judgment, holding that the lease did not vi
-
332 F.2d 460·
4th Cir.·
1964-05-25
·cited 2×
The dissenting judge believes the School Board retains control over school operations and can reject transfer applications based on proximity while a new plan is developed.
-
164 So. 2d 193·
Fla.·
1964-05-20
·cited 2×
This case concerns whether a municipality can regulate public utility rates based on system-wide profits or if it must consider only profits within its own boundaries. The Supreme Court affirmed the District Court of Appeal's decision, holding that a municipality must use a unit-
-
164 So. 2d 39·
Fla. 1st DCA·
1964-05-14
·cited 2×
The court held that the statute prohibiting municipalities from levying a 'gasoline tax' or other tax measured by the disposition of gasoline applies only to excise taxes, not ad valorem taxes.
-
331 F.2d 368·
5th Cir.·
1964-04-20
·cited 2×
The court held that the Norris-LaGuardia Act prohibited the injunction because the threatened strike did not violate the Railway Labor Act.
-
330 F.2d 351·
5th Cir.·
1964-03-31
·cited 2×
The trial court's factual findings regarding control and the substance of the operation were not clearly erroneous, thus the judgment denying an injunction is affirmed.
-
161 So. 2d 554·
Fla. 2d DCA·
1964-03-11
·cited 2×
Borden Company, a milk distributor, appealed a lower court's dismissal of its action seeking to declare invalid a Florida Milk Commission rule fixing minimum prices for milk producers in the Pensacola area. The appellate court affirmed the lower court's decision, rejecting Borden
-
The court held that the compulsory license provision of the Copyright Act requires use within the United States, not merely manufacture in a foreign country, to trigger the license. The court also found the evidence presented did not sufficiently undermine the plaintiffs' probabi
-
The court held that the district judge properly exercised discretion in denying a preliminary injunction to stop a patent infringement suit against a customer.
-
160 So. 2d 43·
Fla.·
1964-01-22
·cited 2×
The Florida Supreme Court reviewed a chancellor's decree invalidating a 1959 statute that allocated race track funds to the Okaloosa County Water and Sewer District. The Court reversed, holding that the statute was constitutional and that using county funds for water and sewer co
-
159 So. 2d 273·
Fla. 3d DCA·
1964-01-07
·cited 2×
A former husband appealed a modification order that absolved him of all child support and alimony obligations and permanently enjoined his ex-wife from seeking future child support. The Florida appellate court reversed the permanent bar on future child support claims and modified
-
Federal courts cannot interfere with threatened state criminal proceedings unless there is clear and imminent irreparable injury.
-
The court abstains from ruling on the injunction request pending appeal due to intervening Congressional legislation addressing the underlying labor dispute.
-
320 F.2d 485·
10th Cir.·
1963-07-25
·cited 2×
The court held that the plaintiff failed to meet its burden of proving the jurisdictional amount in controversy.
-
154 So. 2d 866·
Fla. 1st DCA·
1963-07-02
·cited 2×
In this mortgage foreclosure case, the court addressed whether an unsevered corn crop grown on mortgaged land belonged to the original owner (Gillis) or the new purchaser (Bell) after foreclosure sale. The court held that corn crops, being fructus industriales requiring yearly cu
-
154 So. 2d 729·
Fla. 3d DCA·
1963-06-25
·cited 2×
Homeowners appealed a trial court decision dismissing their action to enjoin issuance of a building permit based on an allegedly defective variance application. The Third District Court of Appeal affirmed, holding that a variance application is not subject to the same strict plea
-
154 So. 2d 727·
Fla. 2d DCA·
1963-06-19
·cited 2×
The Town of Crystal River appealed a lower court's decision to grant summary judgment against its attempted annexation of private lands. The appellate court affirmed, finding the town failed to demonstrate error in the lower court's determination that the annexation was impractic
-
154 So. 2d 868·
Fla. 2d DCA·
1963-06-05
·cited 2×
Licensed plumbers challenged a Fort Lauderdale ordinance permitting general engineering contractors (in addition to plumbers) to install building sewers, contending such work falls within the statutory definition of plumbing. The court upheld the ordinance, holding that municipal
-
The court held that the restrictive covenants in the employment agreements were reasonable and enforceable, and that the defendants' conduct also constituted actionable wrongs independent of the contracts.