5,622 Florida cases classified under this topic, plus 6,125 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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The court held that while the appellee's service marks are valid and entitled to protection, the injunction against the appellant's use of 'Miss World-U.S.A.' was overly broad and not supported by sufficient findings of actual confusion.
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A statute authorizing an administrative agency to promulgate rules and regulations does not violate due process because it does not require a pre-adoption hearing, since quasi-legislative administrative functions do not necessarily require hearings and statutory publication and j
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A district court's grant of a temporary injunction under Section 10(j) requires more than a finding of reasonable cause to believe an unfair labor practice occurred; it must also demonstrate a probability that the Act's remedial purposes would be frustrated without immediate reli
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304 F.2d 320·
5th Cir.·
1962-05-17
·cited 40×
The court held that a conveyance of public golf courses to private individuals, conditioned on a reversionary clause requiring continued use as golf courses, constitutes state action under the Fourteenth Amendment, making the private operators state agents.
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300 F.2d 237·
2d Cir.·
1962-02-07
·cited 40×
The court held that the district court erred in granting an injunction because the handbilling was likely protected by the National Labor Relations Act's publicity proviso, and the court should defer to existing Board precedent.
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The court held that the district court lacked jurisdiction to issue an anti-strike injunction based on the union's alleged lack of good faith bargaining, as the record did not demonstrate a clear violation of the Railway Labor Act sufficient to overcome the Norris-LaGuardia Act's
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120 So. 2d 223·
Fla. 2d DCA·
1960-05-04
·cited 40×
The court held that the comptroller waived the defense of lack of personal jurisdiction by his voluntary appearance and participation in prior proceedings, and that the trial court erred in denying the comptroller's motion to vacate the final decree.
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255 F.2d 641·
3d Cir.·
1958-05-21
·cited 40×
The court held that Parkway's sales to American Stores were not a violation of its license agreement, and that an injunction was not warranted for a technical violation of the Lanham Act that had ceased and caused no demonstrable harm.
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241 F.2d 230·
5th Cir.·
1957-01-09
·cited 40×
The court held that the district court erred in dismissing the complaint as moot, as the voluntary cessation of unlawful conduct does not automatically render a case moot, especially when good faith compliance is disputed.
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225 F.2d 938·
D.C. Cir.·
1955-06-23
·cited 40×
The court held that denying a passport based on an organization's inclusion on the Attorney General's list, without a hearing, violates due process and constitutional liberty rights.
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The denial of a motion for summary judgment and permanent injunction is not an appealable order, but a permanent injunction is an appealable interlocutory order. The permanent injunction was vacated due to lack of findings of fact.
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202 F.2d 731·
2d Cir.·
1953-03-09
·cited 40×
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202 F.2d 378·
5th Cir.·
1953-02-27
·cited 40×
The court held that the defendant was estopped from contesting patent validity due to prior litigation and that plaintiffs were entitled to damages for infringement, reversing the denial of damages and amendment.
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The appellate court held that the trial court did not abuse its discretion in granting a preliminary injunction, as the salient facts were not seriously disputed and the appellate court cannot substitute its opinion for the trial court's findings.
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Individuals and unions must obey temporary court orders to maintain the status quo, even if the underlying statute is later found unconstitutional, and can be held in criminal contempt for willful disobedience.
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39 So.2d 549·
Fla.·
1949-03-22
·cited 40×
This case involves landowners seeking to prevent their property from being assessed for a town's bonded indebtedness. The court affirmed the lower court's decision, finding that some properties were liable for the debt, but remanded for further consideration of properties inadver
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155 Fla. 613·
Fla.·
1945-01-26
·cited 40×
This case addresses the authority to assess intangible personal property taxes and the procedures required for back assessments. The Florida Supreme Court held that the Comptroller lacks authority to make assessments of intangibles and that the Comptroller's directive to reassess
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139 Fla. 698·
Fla.·
1939-08-01
·cited 40×
Davis sought an injunction under Florida's "No Fence Law" to prevent Wilson's cattle from trespassing on his property and damaging his citrus trees. The Florida Supreme Court reversed the lower court's grant of the injunction, holding that the bill failed to allege sufficient fac
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135 Fla. 126·
Fla.·
1938-11-23
·cited 40×
Florida Sugar Distributors and other wholesale merchants challenged a provision of Chapter 18011 (Laws of 1937) that imposed an additional license tax of $1.50 per $1,000 of merchandise stock on wholesalers. The Florida Supreme Court upheld the tax as a valid excise tax on the pr
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130 Fla. 465·
Fla.·
1938-01-05
·cited 40×
E. L. Egan and other operators of tourist camps challenged Miami's Ordinance 1617 regulating tourist camps, tent cities, and trailer parks, arguing the city lacked authority and the ordinance was unconstitutional. The Florida Supreme Court affirmed the dismissal of their complain
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105 Fla. 409·
Fla.·
1932-05-03
·cited 40×
The Florida Supreme Court upheld a trial court's overruling of demurrers to a bill in equity seeking to enjoin a railroad company from obstructing surface water drainage, which caused periodic flooding of the complainants' agricultural land. The court held that a properly pleaded
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101 Fla. 936·
Fla.·
1931-02-19
·cited 40×
The court reversed a final decree enjoining the use of property as a gasoline station. The reversal was based on the absence of indispensable parties (beneficial owners of the property) and also on the grounds of laches and waiver by the party seeking the injunction.
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93 Fla. 342·
Fla.·
1927-02-26
·cited 40×
The Florida Supreme Court reversed an injunction issued by Dade County to prevent landowners from obstructing the Ocean Beach Road, holding that the road was not a public highway because it lacked the elements required to establish public highway status, particularly adverse use
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86 Fla. 393·
Fla.·
1923-11-08
·cited 40×
The Florida Supreme Court affirmed the dismissal of a bill of complaint seeking to enjoin state officials from leasing submerged lands in Apalachicola Bay. The court held that the plaintiffs, claiming title through an 1811 Indian-Spanish grant to John Forbes & Co., failed to alle
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63 Fla. 337·
Fla.·
1912-01-01
·cited 40×
This case reviews a lower court's injunction against county commissioners using public funds for a 1911 act concerning the care of children. The appellate court found parts of the act unconstitutional, specifically regarding probation officer salaries, but upheld other provisions
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The Builders Supply Company appealed the dissolution of a temporary injunction restraining a removal action filed by J.W. Acton in County Judge's court. The Florida Supreme Court affirmed the trial court's order dissolving the injunction, holding that the bill failed to state suf
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A temporary injunction to freeze bank assets in a conversion action is improper where the plaintiff has an adequate remedy at law in the form of money damages, notwithstanding allegations that the defendant may dissipate assets and render a money judgment uncollectible.
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The court held that the trial court erred in entering a written temporary injunction that exceeded its oral ruling and lacked sufficient factual findings to support the necessary criteria for issuance.
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The court held that Alabama State University lacked standing to sue under Section 1983 and Title VI, and that while the Eleventh Amendment bars injunctions against the State Board itself, it permits injunctive relief against Board members in their official capacities.
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The court held that the dispute was minor, entitling MEC to an injunction against a union strike pending adjustment procedures.
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485 So. 2d 1321·
Fla. 1st DCA·
1986-03-13
·cited 39×
Financial institutions and insurance agents challenged the constitutionality of Florida Statutes section 626.988, which prohibits licensed insurance agents from engaging in insurance agency activities if associated with financial institutions. The trial court dismissed the compla
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The court held that a patentee seeking a preliminary injunction must demonstrate a likelihood of success on the merits and irreparable injury, and that mere apprehension of future infringement or Litton's financial solvency does not automatically establish irreparable harm.
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The court held that the insurance policy did not unambiguously mandate appraisal as a condition precedent to filing suit, and therefore the district court erred in ordering appraisal.
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The court held that a civil contempt citation was proper even without proof of intentional misconduct, and that the award of attorney's fees and expenses to the CFTC was appropriate.
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651 F.2d 877·
3d Cir.·
1981-06-10
·cited 39×
The dissenting judge would hold that the trial court abused its discretion in imposing a Rule 37 sanction to establish jurisdictional facts without requiring the plaintiff to first undertake discovery at the defendants' home base.
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404 So. 2d 1066·
Fla. 3d DCA·
1981-04-07
·cited 39×
Miami Beach enacted ordinances restricting condominium conversions by extending tenant lease periods and imposing a moratorium on conversions. The Florida District Court of Appeal affirmed an injunction against enforcement, holding that while condominium conversion was not expres
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The Ethics in Government Act of 1978 is constitutional as applied to federal judges, and the district court's denial of a preliminary injunction was proper.
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553 F.2d 735·
1st Cir.·
1977-04-29
·cited 39×
The court held that a manufacturer's declaratory judgment action in its home forum should generally take precedence over a customer's infringement suit in a jurisdiction where the manufacturer could not be sued.
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281 So. 2d 558·
Fla. 3d DCA·
1973-07-03
·cited 39×
Sottile, an indemnitor on a construction bond, executed a general release in favor of Gaines Construction Company. Years later, when materialmen sued Gaines and the surety, Sottile was brought in as an indemnitor defendant, ultimately obtaining a default judgment against Gaines.
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The denial of a preliminary injunction was proper because the plaintiffs did not show a substantial likelihood of prevailing on the merits regarding the Corps of Engineers' modifications to a congressionally authorized flood control project.
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The court held that the district court erred in granting a preliminary injunction because it failed to weigh the equities between the parties and make findings of irreparable harm, which are required prerequisites under Boys Markets.
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439 F.2d 403·
5th Cir.·
1971-03-08
·cited 39×
A district court should not issue an injunction that interferes with another court's prior jurisdiction and its continuing power to supervise its own injunctions.
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The court held that the tender offeror's disclosures regarding its intent to gain control and potential future merger plans were sufficiently fair and complete under the Securities Exchange Act, and thus did not violate disclosure or anti-fraud provisions.
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350 F.2d 134·
9th Cir.·
1965-07-09
·cited 39×
The court held that the district court properly defined Mincom's trade secrets as specific specifications, not general approaches, and that the injunction duration was appropriate, but certain provisions of the injunction were overly broad.
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153 So. 2d 752·
Fla. 1st DCA·
1963-05-23
·cited 39×
Florida-Georgia Chemical Company challenged the dismissal of its third amended complaint alleging breach of an exclusive distribution agreement with National Laboratories. The court held that while indefinite-term exclusive agency contracts are terminable at will, a party can sti
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The court held that the Norris-LaGuardia Act prohibits federal courts from issuing injunctions in labor disputes, even if involving supervisors, and that the trial court lacked jurisdiction to issue the preliminary injunction.
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86 So. 2d 650·
Fla.·
1956-04-04
·cited 39×
Ginsberg, a practicing attorney, sought an injunction permanently disqualifying Judge Holt from hearing any cases in which Ginsberg appeared as counsel, alleging the judge was prejudiced against him. The Florida Supreme Court held that no court has authority to issue such a blank
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57 So.2d 581·
Fla.·
1952-02-29
·cited 39×
The Florida Supreme Court considered whether a Florida statute allowing attorney's fees for successful beneficiaries in insurance lawsuits applied to policies issued in other states. The court held that the statute, intended to protect Florida residents and discourage litigation
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150 Fla. 241·
Fla.·
1942-03-27
·cited 39×
The City of Miami Beach issued bonds authorized by freeholder election to finance Collins Avenue paving, then used bond proceeds to pay for the completed work before attempting to levy special assessments against abutting properties. The Florida Supreme Court held that once a cit
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144 Fla. 294·
Fla.·
1940-09-27
·cited 39×
An osteopathic physician challenged a municipal hospital's rule excluding osteopaths from its medical staff, arguing it violated Florida law and constitutional equal protection guarantees. The Florida Supreme Court affirmed the hospital's right to establish medical staff qualific