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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201 F.2d 29·
7th Cir.·
1953-01-16
·cited 2×
The court held that the District Court had jurisdiction and that the order appointing a receiver and issuing an injunction was proper given the defendant's actions.
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An individual user and tollpayer of a bridge commission, without a special injury distinct from the public, is not an 'interested person' with a right to inspect commission records under the Act.
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197 F.2d 597·
D.C. Cir.·
1952-05-29
·cited 2×
A tax deed to a servient estate does not extinguish an appurtenant easement, especially when the easement is created by deed and the dominant estate's value has been assessed considering the easement.
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Cavendish Bridge Club sought an injunction to prevent Southern Bell Telephone Company from removing its telephones based on an Attorney General determination that the club's phone numbers were used for illegal gambling. The court granted the injunction, holding that the Railroad
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193 F.2d 818·
10th Cir.·
1951-12-21
·cited 2×
The court held that the unit's right to exclusive possession and operation of the well and equipment for the Hunton formation was paramount, and continued Bartlesville production interfered with unit operations, justifying injunctive relief.
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The court held that the appeal was untimely filed and should be dismissed.
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1 Fla. Supp. 147·
Dade Cty. Cir. Ct.·
1951-10-31
·cited 2×
Stephen Foster Hotel sought to enjoin Southern Bell Telephone Company from disconnecting its phone service after the sheriff seized gambling equipment in a hotel room. The court dissolved the temporary injunction, found the hotel's telephone equipment was being used for illegal g
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The court held that Section 271 of the Bankruptcy Act allows for the assessment and collection of previously undetermined state taxes, even after a reorganization plan has been confirmed, if the taxes were found to be owing within one year of the petition filing and not assessed
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189 F.2d 357·
9th Cir.·
1951-05-01
·cited 2×
The court held that in a case of equitable cognizance, the trial court must enter findings of fact and conclusions of law, and cannot simply enter judgment on an advisory jury's verdict.
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188 F.2d 411·
8th Cir.·
1951-04-27
·cited 2×
A covenant in a mortgage to furnish steam power at cost runs with the land and binds a successor or assign who acquires title or possession with knowledge, actual or constructive, of the covenant.
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The court held that the Commissioner of Patents should have allowed the trademark opposition proceedings to go forward because the plaintiff's actions, while not strictly conforming to all statutory requirements within the initial 30-day period, were reasonable given the ambiguit
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189 F.2d 24·
D.C. Cir.·
1951-03-22
·cited 2×
The court held that the appellee's declaratory judgment action did not violate the parties' agreement and affirmed the denial of an injunction.
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The court held that the district court lacked jurisdiction over the Housing Expediter, who is an indispensable party residing in Washington D.C., and thus could not entertain the action filed in Ohio.
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182 F.2d 286·
5th Cir.·
1950-05-12
·cited 2×
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180 F.2d 650·
9th Cir.·
1950-02-28
·cited 2×
The court held that the Commissioner of Immigration lacked the statutory authority to cancel a record of registry and certificate of lawful entry, even if procured by fraud.
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178 F.2d 503·
5th Cir.·
1949-12-19
·cited 2×
The court held that the denial of a jury trial was proper in this equitable nuisance action, and that the injunction against emitting obnoxious odors was appropriate, though it should be modifiable.
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The court held that the order for a preliminary injunction was improper and reversed it, while affirming the denial of a motion to restrain threats related to a different product.
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177 F.2d 414·
8th Cir.·
1949-11-03
·cited 2×
The appeal is dismissed as moot because the housing accommodations have been voluntarily vacated and the controversy has ceased to exist.
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The court held that reassessments against other lands in the district are not permissible to cover deficiencies for unpaid bonds when original assessments were valid.
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The court denied the motion to suspend an injunction pending appeal, finding the arguments raised were either foreclosed by precedent or not properly before the court.
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173 F.2d 38·
5th Cir.·
1949-03-08
·cited 2×
The court held that the phrase 'Personal Loans' is a generic or descriptive term that cannot be exclusively appropriated, and that the defendants' use of the name did not constitute unfair competition as there was no actual competition, likelihood of deception, or demonstrable ha
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172 F.2d 312·
5th Cir.·
1949-02-01
·cited 2×
A suit seeking an injunction to prevent the enforcement of a prior judgment constitutes a collateral attack and cannot be maintained if the prior judgment is final and has not been appealed.
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172 F.2d 176·
9th Cir.·
1949-01-14
·cited 2×
The court held that federal courts should not enjoin territorial criminal prosecutions absent exceptional circumstances, as adequate remedies at law exist through appeal or prohibition.
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The Court of Appeals held that the contempt judgment, which enlarged upon the original injunction, was appealable and granted a stay of its enforcement pending further order.
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171 F.2d 565·
9th Cir.·
1949-01-03
·cited 2×
The court held that a mere refusal to acknowledge one court decree's superiority over another does not constitute contempt of court.
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The court held that the federal district court erred in granting a preliminary injunction because it lacked jurisdiction in rem over the seized property, which was in the custody of a state court, and because the complaint failed to state a claim upon which equitable relief could
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A party must obey a court's lawful order unless modified or reversed, regardless of the underlying statute's constitutionality, and factual findings by the trial court are generally unassailable on appeal.
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168 F.2d 409·
7th Cir.·
1948-05-05
·cited 2×
The court held that the Presidential and Governor's Proclamations prohibiting goose hunting were valid exercises of governmental authority and not arbitrary or capricious.
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167 F.2d 209·
1st Cir.·
1948-04-09
·cited 2×
The court held that the employer's method of calculating wages and overtime did not comply with the Fair Labor Standards Act, and the failure to keep accurate records warranted injunctive relief.
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164 F.2d 938·
8th Cir.·
1947-12-26
·cited 2×
The court held that the city was not estopped from denying the power company a franchise and that the company lacked authority to construct a high voltage transmission line through city streets without proper permits and authorization, especially given the line's dangerous nature
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164 F.2d 936·
4th Cir.·
1947-12-23
·cited 2×
The court held that the trial judge did not err in allowing an amendment to the complaint to cover a later period of overcharges and in entering judgment for treble damages based on the jury's verdict.
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164 F.2d 153·
5th Cir.·
1947-11-18
·cited 2×
The court held that a state court judgment awarding possession to landlords was not res judicata against the Housing Expediter seeking an injunction under federal rent regulations.
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164 F.2d 243·
5th Cir.·
1947-11-14
·cited 2×
The court held that the debtors could not reinstate their dismissed bankruptcy case under Section 75, nor could they file a new case under that section after ceasing to be farmers.
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164 F.2d 305·
2d Cir.·
1947-11-07
·cited 2×
The court held that the referee and judge erred in not deducting a portion of the debtor's attorney's fees and disbursements from the recovery when computing the contingent fee owed to the debtor's litigation attorney. The court affirmed the allowance of claims for legal services
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164 F.2d 71·
2d Cir.·
1947-11-06
·cited 2×
The court held that the district court's modified judgment and injunction, while not ideal in form, sufficiently complied with the Supreme Court's mandate by clarifying the illegality of union activities conducted in combination with non-labor groups to control prices and markets
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159 Fla. 501·
Fla.·
1947-10-07
·cited 2×
The Florida Supreme Court held that a lessor's counterclaim alleging the lessee illegally operated a bookmaking establishment at leased hotel premises, thereby forfeiting the lease, must proceed despite the lessee's earlier assurance to stop the practice. The Court rejected the l
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161 F.2d 345·
2d Cir.·
1947-05-09
·cited 2×
The court held that the Administrator was entitled to an injunction to prevent the eviction of a tenant from housing accommodations, even if a state court had ordered eviction, because the federal regulations governed the situation.
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160 F.2d 394·
5th Cir.·
1947-04-05
·cited 2×
The court held that the plaintiff cannot use its agent's unauthorized mistake as a basis for a right of action against a defendant who acted in good faith on that advice.
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160 F.2d 525·
9th Cir.·
1947-03-28
·cited 2×
The court held that the Tribe's complaint was properly dismissed because the United States, acting as guardian, had not authorized the suit, and the Commissioner of Indian Affairs lacked the statutory power to initiate such litigation.
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159 F.2d 512·
5th Cir.·
1947-02-19
·cited 2×
The court held that Maximum Price Regulation No. 541 covers bulk lot sales of raw muskrat pelts and that the determination of maximum prices for unlisted grades is based on established trade practices or usages.
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159 F.2d 212·
7th Cir.·
1947-01-29
·cited 2×
The court held that the defendant financially controlled K & M Lumber Company, thus violating price regulations, and affirmed the damages awarded but dissolved the injunction because the regulation was no longer in effect.
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The court held that automatic rate increases under pre-existing contracts were not subject to the notice and intervention requirements of the Stabilization Act, but new rate changes enacted after the Act's effective date were subject to these requirements.
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The defendants, as wholesalers, should not be held liable for shipments made prior to March 1, 1944, as they had no knowledge of the improper grading and reasonably relied on inspection certificates.
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The court held that the government, as operator of the mines, was authorized to recognize the union as the exclusive representative of supervisors, and this action was valid.
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158 F.2d 109·
7th Cir.·
1946-11-20
·cited 2×
The court should affirm the dismissal of the railroad's cross-complaint and order the issuance of a mandatory injunction compelling the railroad to resume operation, reversing the order appointing a receiver.
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The court held that the concealment of material facts regarding a new patent application during the pendency of a preliminary injunction motion constituted civil contempt.
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156 F.2d 672·
8th Cir.·
1946-07-26
·cited 2×
A village zoning ordinance is constitutional as applied to plaintiffs' property, even if it reduces the property's value for a specific commercial use, as long as it rationally relates to the community's health, safety, and general welfare.
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153 F.2d 305·
D.C. Cir.·
1946-02-04
·cited 2×
The court held that the Santa Fe Railroad's right to select "lieu" lands under the 1874 and 1904 Acts were separate contractual rights, not covered by the general release of "aid of construction" claims filed under the Transportation Act of 1940.
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153 F.2d 382·
9th Cir.·
1946-01-31
·cited 2×
An injunction against price regulation violations should be broad enough to cover future amendments or substitutions of the same kind, but not so broad as to prevent the enjoined party from challenging new regulations.
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153 F.2d 320·
9th Cir.·
1946-01-29
·cited 2×
The court held that deposits made into the registry of the court pending an appeal were not tax payments, and therefore interest was owed on the late payment of taxes.