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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151 So. 2d 877·
Fla. 2d DCA·
1963-03-20
·cited 2×
The Florida District Court of Appeal affirmed a permanent injunction prohibiting Young Adults for Progressive Action from picketing B & B Cash Grocery Stores to protest the store's failure to hire Black employees in non-menial positions. The court held that while picketing involv
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314 F.2d 162·
7th Cir.·
1963-02-28
·cited 2×
The court held that the trial court did not abuse its discretion in denying a preliminary injunction when the plaintiff failed to present evidence to support his allegations despite the defendant's verified answer denying them.
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The court affirmed the dismissal of the action and dismissed the appeal from the denial of the injunction as moot.
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145 So. 2d 871·
Fla.·
1962-10-24
·cited 2×
Florida voters challenged the constitutionality of the state's 1961 Congressional Reapportionment Act, claiming the unequal population distribution among districts violated their due process and equal protection rights. The Florida Supreme Court affirmed dismissal, holding that n
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144 So. 2d 818·
Fla.·
1962-09-19
·cited 2×
Property owners challenged a Florida statute authorizing a 17-county flood control district to levy a uniform ad valorem tax on all real property within the district. The Florida Supreme Court affirmed dismissal of their complaint, holding that the ad valorem tax for a general pu
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143 So. 2d 695·
Fla. 3d DCA·
1962-08-14
·cited 2×
A Florida resident beneficiary of an out-of-state trust challenged her liability for intangible personal property taxes on her beneficial interest. The court held that her present vested general power of appointment, even though subject to defeasance if she had children, made her
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The court vacated submissions and remanded for the district court to expeditiously rule on pending motions regarding intervention and disclosure of trade secrets, consolidating any appeals.
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The court held that supplemental orders under the Labor Management Relations Act's national emergency provisions cannot extend injunctive sanctions beyond the statutory 80-day limit, even if necessary for full production.
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304 F.2d 377·
D.C. Cir.·
1962-05-03
·cited 2×
The court held that appellants were entitled to a review of the record made before the Board of Appeals and Review, and that the trial court erred in granting summary judgment without such a record.
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301 F.2d 448·
8th Cir.·
1962-04-20
·cited 2×
The court held that there is sufficient doubt about the applicable Ohio law regarding restrictive covenants to entitle the plaintiff to a trial on the merits.
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Wade H. Everhart, Sr. appeals an interlocutory temporary injunction prohibiting him from using the name "Wade H. Everhart Co." The appellate court affirms, holding that the trial court's recital in the order that it heard plaintiff testimony controls the record, and that the appe
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141 So. 2d 632·
Fla. 3d DCA·
1962-03-15
·cited 2×
The City of Coral Gables sought an injunction to prevent a convalescent home corporation from using "Coral Gables" in its business name, arguing it owned the right to the city's name. The court affirmed dismissal of the action, holding that the city lacked standing to enjoin the
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307 F.2d 96·
9th Cir.·
1962-02-14
·cited 2×
The court held that the injunction against irrigation and utility districts should be modified to exclude them, but otherwise adhered to the prior judgment.
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Homeowners in a subdivision sought a mandatory injunction to require removal of a detached garage built in violation of restrictive covenants limiting garages to the rear one-third of lots. The court affirmed the dismissal of the complaint but rejected the lower court's reasoning
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133 So. 2d 344·
Fla. 2d DCA·
1961-09-29
·cited 2×
An injunction restraining a law action is improper where the law court has jurisdiction of the parties and subject matter and is competent to try the issues, and no unconscionable advantage or irreparable harm is shown.
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293 F.2d 553·
9th Cir.·
1961-08-18
·cited 2×
The court held that the district court erred in refusing to enjoin administrative proceedings concerning mining claim validity, as that issue was already properly before the court in a condemnation action.
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18 Fla. Supp. 4·
Duval Cty. Cir. Ct.·
1961-07-06
·cited 2×
This case involves a dispute over a telephone company's right-of-way easement across private property. The court granted a permanent injunction against the property owners, restraining them from interfering with the telephone company's facilities and maintenance activities.
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292 F.2d 4·
5th Cir.·
1961-04-14
·cited 2×
The majority opinion held that the bus company, by promulgating and enforcing a rule for passenger seating based on race, even through polite request, became an agent of the state and denied plaintiffs' constitutional rights, due to its franchise from the city.
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The court held that the dismissal of the original action terminated the litigation, and the appellant lacked standing to intervene after the dismissal.
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A federal court cannot grant an injunction to stay state court proceedings, including an execution, except as expressly authorized by Congress or necessary to aid its own jurisdiction or protect its judgments.
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The court held that appellants could not use supplemental pleadings to seek restoration of the status quo, as the original decree did not order such relief and their claims were untimely.
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123 So. 2d 754·
Fla. 3d DCA·
1960-10-27
·cited 2×
The Third District Court of Appeal of Florida affirmed a lower court's decision granting a permanent injunction against the City of Miami Beach. The injunction prevented the city from interfering with a hotel's valet service that also provided dry cleaning to individuals outside
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The State Road Department appealed a dismissal of its complaint seeking mandatory injunction to remove encroaching property improvements from a public highway right of way. The court held that the complaint, despite being poorly pleaded, sufficiently alleged a cause of action for
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The court held that the district court lacked jurisdiction to issue injunctive relief due to the applicability of the Norris-LaGuardia Act, as established by a Supreme Court precedent. The appeal was limited to controlling questions of law due to the procedural posture.
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123 So. 2d 45·
Fla. 3d DCA·
1960-09-19
·cited 2×
Brooks appealed a chancellor's judgment awarding $27,800 plus interest to Van Straaten's estate on a promissory note. The court reversed, holding that a creditor lacking a judgment at law cannot bring an equity action to obtain a money judgment and enjoin asset disposition; inste
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A single circuit judge should not issue an injunction that would effectively decide the merits of an appeal, especially when the trial court has already denied a similar injunction.
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121 So. 2d 816·
Fla. 1st DCA·
1960-07-07
·cited 2×
The Mannions, as vendees in possession under a real estate contract, were sued for foreclosure by the Owens when they defaulted on installment payments. The trial court entered a summary final decree declaring the contract null and void and terminating all the Mannions' rights. T
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The court held that the district court's preliminary injunction order was not improper and the application to vacate it was premature.
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Dade County sought a declaratory judgment and injunction to enforce its countywide traffic ordinance and metropolitan court against two municipalities that refused to recognize these ordinances. The court held that the Dade County home rule amendment expressly authorized the coun
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120 So. 2d 453·
Fla. 2d DCA·
1960-04-20
·cited 2×
Harbor View No. 7, Inc. challenged the vacation of a subdivision plat that eliminated "Beach Parkway" and other streets, arguing the vacation reduced the value of its waterfront lots. The court affirmed the trial court's judgment that the vacated streets and parkway were not reas
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118 So. 2d 823·
Fla. 2d DCA·
1960-03-18
·cited 2×
The court held that the chancellor correctly denied an injunction against cemetery construction because the area was not yet an established residential area, distinguishing it from precedent.
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277 F.2d 94·
D.C. Cir.·
1960-03-17
·cited 2×
The Attorney General did not acquire sufficient ownership rights in the 'Zeiss' trademark through various seizures and vesting orders to prohibit its use by others, as the trademark was treated as a 'naked' mark separated from an appurtenant business.
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The dissenting judge holds that the court lacks jurisdiction to consider the merits of the case because the appeal was from a temporary injunction, not a final judgment.
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117 So. 2d 853·
Fla. 2d DCA·
1960-01-13
·cited 2×
The court held that if a complaint states any grounds for equitable relief, equity jurisdiction is established and should be retained, even if some claims might have an adequate remedy at law.
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272 F.2d 605·
7th Cir.·
1959-12-15
·cited 2×
The court held that the contract, under California law, is definite and certain, imposing a mutual and binding obligation on the parties.
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272 F.2d 56·
6th Cir.·
1959-12-05
·cited 2×
The court held that the district court correctly denied the motion to modify the injunction, finding that the 1951 amendment to the Railway Labor Act did not nullify the prior consent decree.
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The court held that the trial court abused its discretion in granting a preliminary injunction based on weak evidence of a prevailing price and irreparable harm, and that the injunction overlooked the public's interest in legal price cuts.
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The Court of Appeals' prior ruling that the cause was moot applied only to the temporary injunction, not the merits of the action.
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113 So. 2d 732·
Fla. 1st DCA·
1959-06-30
·cited 2×
Whitehead & Kales Company, a structural steel contractor, appealed a summary judgment upholding the State Comptroller's assessment of use taxes on engineering, shop fabrication, and transportation costs incurred in manufacturing prefabricated steel for a construction contract in
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113 So. 2d 760·
Fla. 1st DCA·
1959-05-26
·cited 2×
Jones Business College, a non-profit educational institution, sought a tax exemption declaration for its real and personal property used exclusively for educational purposes. The trial court granted the exemption, and the tax collector and other taxing officials appealed, arguing
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14 Fla. Supp. 68·
Dade Cty. Cir. Ct.·
1959-05-11
·cited 2×
A Dade County Circuit Court found that the City of Miami lacked authority to enforce traffic ordinances after the adoption of a metropolitan charter in 1957 that vested all traffic enforcement powers in Dade County. The court enjoined Miami from further traffic enforcement and or
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112 So. 2d 293·
Fla. 2d DCA·
1959-05-08
·cited 2×
Avon Products sales representatives challenged a Tampa occupational license tax as violating interstate commerce protections under the U.S. Constitution. The court held that non-discriminatory taxes on occupational activities may constitutionally apply to interstate commerce part
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The court held that it would not grant a preliminary injunction to reinstate a sublicense that was cancelled due to unsatisfactory service, even if a hearing was required before such a determination.
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109 So. 2d 771·
Fla. 2d DCA·
1959-03-13
·cited 2×
Residents near Lakeland, Florida sought both injunctive relief and damages for a public nuisance caused by sewage contamination affecting their properties. The trial court granted the injunction but dismissed the damage claims as not properly brought as a class action, finding ea
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108 So. 2d 766·
Fla. 2d DCA·
1959-02-11
·cited 2×
The City of Ocoee appealed a judgment enjoining collection of a utility tax on properties that had been judicially excluded from the city's corporate limits over 20 years earlier. The court affirmed, holding that once properties are excluded by judicial decree, the city loses aut
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260 F.2d 670·
7th Cir.·
1958-11-06
·cited 2×
The court held that the Chicago ordinance was unconstitutionally applied to the film 'Mom and Dad' because the censors lacked a sound basis for their classification of the film as obscene or immoral.
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259 F.2d 273·
8th Cir.·
1958-09-29
·cited 2×
The court denied both the appellant's motion to expand the injunction and the appellee's petition for rehearing.
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13 Fla. Supp. 38·
Leon Cty. Cir. Ct.·
1958-08-12
·cited 2×
The Leon County Circuit Court upheld the Florida Milk Commission's authority to fix prices for surplus milk (classes II and III) and require distributors to accept and pay minimum prices for all milk delivered by producers, provided the Commission exercises this power reasonably.
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The court held that the junior appropriator (Bagdad) bears the burden of proving its actions did not diminish the senior appropriator's (Zannaras) water rights.