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 the Fire Department's selection procedures, including a written examination with a discriminatory impact and a lack of a competitive physical, were insufficiently job-related to withstand constitutional attack.
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119 Fla. 70·
Fla.·
1935-03-07
·cited 133×
Wometco Theatres sought an injunction against Dade Enterprises for tortious interference with its contract rights to exhibit "The House of Rothchild" as a first-run motion picture. The Florida Supreme Court reversed the temporary injunction, holding that where the complainant's c
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The court held that the district court failed to conduct a proper de novo review of the magistrate's report and recommendation, necessitating a remand for a full trial on the merits.
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757 F.2d 1112·
11th Cir.·
1985-03-18
·cited 132×
The appellate court held that the district court erred in denying Sylva intervention and in severing the Minority Group, and that the district court must order the return of settlement proceeds. Lead counsel are disqualified due to a conflict of interest.
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369 F.2d 55·
6th Cir.·
1966-12-06
·cited 132×
A school board has no constitutional duty to bus students or alter school sites solely to alleviate racial imbalance that it did not cause. However, if racial imbalance was intentionally caused by discriminatory state action, the board must take affirmative steps to remedy the si
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The court held that the district court abused its discretion by issuing preliminary injunctions based on a mistaken interpretation of state regulations and federal due process law regarding prisoner transfers.
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The court held that the Dallas Cowboys Cheerleaders' uniform is a valid trademark and its use in the film "Debbie Does Dallas" constitutes infringement, dilution, and unfair competition, justifying a preliminary injunction.
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124 Fla. 659·
Fla.·
1936-06-13
·cited 131×
Kathleen Citrus Land Company, a corporate taxpayer, sought to enjoin the City of Lakeland from issuing Sewer Revenue Debentures without voter approval. The Florida Supreme Court held that the proposed debentures violated the Florida Constitution's requirement that municipalities
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94 Fla. 313·
Fla.·
1927-07-27
·cited 131×
A Florida Supreme Court case upholding a permanent injunction against a homeowner who violated restrictive covenants in a residential subdivision by constructing a house less than the required distance from the street line. The court rejected the defendant's arguments that the co
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The court held that the mass arrests and subsequent booking procedures during the May Day demonstrations violated constitutional rights due to the lack of probable cause evidence and proper procedures.
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The court held that the defendants' continued operation of a Burger King restaurant after their franchise and lease agreements expired constituted trademark infringement under the Lanham Act, and that wrongful termination or denial of a successor agreement is not a defense to suc
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The court held that the district court erred in denying a preliminary injunction by misapplying the law regarding likelihood of confusion and abandonment, and that a strong showing of infringement warranted granting the injunction.
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The court held that an employee's conduct, even if associated with protected opposition to unlawful employment practices, can be grounds for discharge if it goes beyond reasonable opposition and becomes excessively disruptive, disloyal, or harmful to the employer's interests.
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102 Fla. 695·
Fla.·
1931-08-03
·cited 127×
A Florida taxpayer challenged a 1931 legislative act requiring special tax school district elections in counties with populations between 145,000-155,000, which applied only to Hillsborough County. The Supreme Court held the act was an unconstitutional special/local law that fail
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262 So. 2d 881·
Fla.·
1972-04-05
·cited 126×
The Florida Supreme Court upheld statutes authorizing public nuisance abatement for premises used for illegal drug activity, rejecting constitutional challenges to their vagueness and scope. The court affirmed the trial court's denial of defendants' motion to dismiss in an action
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51 Fla. 441·
Fla.·
1906-01-01
·cited 126×
The Florida Supreme Court reversed a decree granting an injunction and ordering cancellation of a timber contract, holding that the bill failed to allege sufficient facts to establish equity jurisdiction and that the temporary injunction was improperly granted without notice to d
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119 Fla. 159·
Fla.·
1935-04-29
·cited 125×
Minority stockholders brought a derivative suit against directors and officers of Orlando Orange Groves Company, alleging mismanagement, fraud, and improper payments to J.P. Holbrook. The Florida Supreme Court reversed the lower court's decree, holding that the directors properly
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The Eleventh Circuit reversed a district court's denial of a pretrial evidentiary hearing on the legality of asset restraints imposed pursuant to a criminal forfeiture indictment. The Kaleys, charged with conspiracy to transport stolen medical devices, money laundering, and obstr
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The City of Jacksonville appeals a temporary injunction granted to outdoor advertising companies challenging a charter amendment and ordinances requiring removal of their signs. The appellate court reverses, holding that the trial court failed to make adequate findings supporting
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559 F.2d 841·
D.C. Cir.·
1977-07-05
·cited 124×
A court may grant a stay pending appeal if the movant has made a substantial case on the merits and the balance of equities strongly favors the stay, even if success on appeal is not mathematically probable.
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The court's majority opinion erred by overturning district court findings of misleading conduct by the defendant's president, Vesco.
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210 So. 2d 1·
Fla.·
1967-12-19
·cited 120×
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614 So. 2d 491·
Fla.·
1993-02-25
·cited 118×
The Florida Supreme Court addressed the standard for discharging a lis pendens notice filed in connection with a lawsuit seeking to impose a resulting and constructive trust on real property. The Court held that a lis pendens cannot be discharged if the proponent establishes a fa
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762 F.2d 1318·
9th Cir.·
1985-06-10
·cited 117×
The court held that the INS's practice of conducting farm and ranch checks without a warrant, probable cause, or articulable suspicion violated the Fourth Amendment, and that the district court properly issued an injunction and awarded fees.
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The court held that the Eleventh Amendment bars suits against the State of Florida in federal court, but granted preliminary injunctive relief against the State Attorney pending certification of state law questions to the Florida Supreme Court.
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326 So. 2d 425·
Fla.·
1975-12-17
·cited 117×
The Florida Supreme Court upheld the constitutionality of statutes taxing leasehold interests in public land as real property for ad valorem tax purposes. The court rejected arguments that such classification violated equal protection, the uniformity requirement, or the "just val
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80 Fla. 405·
Fla.·
1920-06-24
·cited 117×
The Florida Supreme Court reversed a lower court decree that permanently enjoined the sale of real property to satisfy a judgment creditor's claim. The Court found that the evidence clearly showed the property transfers were fraudulent conveyances designed to place assets beyond
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69 Fla. 225·
Fla.·
1915-02-23
·cited 117×
Williams and Hardee, attorneys for Mrs. Bailey, sued to enforce an alleged parol agreement whereby Mrs. Bailey would convey to them 200 acres of land in exchange for $300 and a quit-claim deed to 160 acres. The Florida Supreme Court affirmed the trial court's dismissal, holding t
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The court held that the district court did not err in denying the preliminary injunction, affirming that preliminary injunction decisions involve significant discretion for the district judge and are reviewed with deference.
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394 So. 2d 981·
Fla.·
1981-01-29
·cited 116×
Miami Dolphins challenged the constitutionality of Florida's Local Option Tourist Development Act and a Dade County ordinance imposing a 2% tourist room tax to fund Orange Bowl renovations. The Florida Supreme Court affirmed that the tax was constitutional, the referendum was val
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The court held that while the publication of intemperate and defamatory materials by a police officer against his superior could be grounds for discharge, the charges of failure to obey instructions and failure to obtain clearance were not adequately supported.
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546 F.2d 84·
5th Cir.·
1977-01-28
·cited 115×
The court held that a federal court has ancillary jurisdiction to enjoin state court proceedings that seek to relitigate issues already decided in a prior federal judgment, even if the relitigating parties were not parties to the original federal suit, provided their interests we
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The majority held that the transfer order was interlocutory and not immediately appealable, and that mandamus was not appropriate at this stage. The dissenting judge believed the transfer order was improper and that mandamus should have been granted.
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107 Fla. 833·
Fla.·
1932-06-27
·cited 115×
The Florida Supreme Court held that courts of equity lack jurisdiction to enjoin or control the conduct of an election, except in limited circumstances where palpable violations of registration or election laws are charged as about to occur prior to the election. The Court issued
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86 So. 2d 442·
Fla.·
1956-03-14
·cited 114×
The Florida Supreme Court reversed a lower court decree that had enjoined enforcement of a hotel and apartment zoning classification, holding that courts must defer to municipal zoning decisions under the 'fairly debatable' rule and cannot substitute their judgment for that of lo
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792 F.2d 1069·
11th Cir.·
1986-07-02
·cited 113×
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The court held that the withholding of federal revenue sharing funds from the City of Chicago was an improper and improvident exercise of equitable discretion.
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An attorney may be enjoined from participating in the preparation of misleading offering circulars if the SEC establishes a likelihood of success in proving knowing violations of securities laws.
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102 So. 2d 574·
Fla.·
1958-03-26
·cited 113×
The Florida Supreme Court interpreted Section 550.05 of the Florida Statutes to determine whether it prohibits harness horse racing within 100 miles of an existing dog racing facility. The court held that the statute's plain language forbids issuance of a permit for a harness rac
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The court held that the district court misapplied trademark law by failing to require competition for an infringement claim and by improperly expanding the senior user's geographic rights, thus reversing the denial of a preliminary injunction.
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190 So. 2d 575·
Fla.·
1966-09-28
·cited 112×
The Florida Supreme Court reversed a district court decision that had eliminated equity court jurisdiction to enjoin execution sales absent clear fraud. The court held that material irregularities in execution sale proceedings—such as conducting the sale at an improper location—m
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128 So. 2d 586·
Fla.·
1961-03-22
·cited 112×
The Florida Supreme Court determined it had jurisdiction to hear an interlocutory appeal from an order denying a motion for summary judgment and continuing an injunction. The case involves a milk distributor challenging the constitutionality of milk commission statutes under whic
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87 Fla. 315·
Fla.·
1924-04-02
·cited 111×
The Florida Supreme Court upheld an injunction against the City of St. Petersburg, holding that the city must comply with Chapter 4600 (Acts of 1897) when establishing a municipal electric plant, despite claiming exemption under its special charter act of 1913. The court rejected
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Emergency Associates and Dr. Arnold appealed a trial court's decision enforcing a noncompetition agreement against them by interpreting "five (5) square miles" as "five-mile radius." The appellate court reversed, holding that "square mile" is an unambiguous unit of measurement an
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183 So. 2d 532·
Fla.·
1966-01-05
·cited 109×
This case upholds a non-compete covenant as valid and enforceable under Florida law. Capelouto, a former branch manager for an exterminating company, challenged a two-year non-compete agreement as unconstitutional and unreasonable, but the Florida Supreme Court affirmed the enfor
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336 F.2d 406·
5th Cir.·
1964-07-28
·cited 109×
The court held that a jury trial is available for legal claims within a patent infringement suit, but exemplary damages and attorney fees are discretionary with the judge. Separate trials for liability and damages are permissible under Rule 42(b).
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125 Fla. 114·
Fla.·
1936-08-03
·cited 108×
The Florida Supreme Court affirmed that the Town of Dunnellon may issue $14,000 in water revenue certificates without voter approval because they are not constitutional 'bonds' requiring freeholder approval when issued solely from net revenues of an existing essential public util
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497 F.2d 473·
5th Cir.·
1974-07-15
·cited 107×
The court held that Koscot's promotional scheme constituted an investment contract under the federal securities laws, reversing the district court's denial of an injunction.
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111 So. 2d 439·
Fla.·
1959-04-17
·cited 106×
Property owners challenged airport zoning regulations imposed under Florida statute authorizing airport zoning boards to restrict building heights near airport runways. The Florida Supreme Court upheld the statute and regulations as a valid exercise of police power, finding the h