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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95 Fla. 976·
Fla.·
1928-05-26
·cited 39×
The Florida Supreme Court affirmed a permanent mandatory injunction requiring a landowner to reopen public roads he had blocked. The court found sufficient evidence to support the lower court's decision, including testimony about long-term public use of the roads.
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80 Fla. 398·
Fla.·
1920-06-23
·cited 39×
Minnie G. Rawlins appeals the dissolution of an injunction against execution on her homestead property. The Florida Supreme Court held that a husband's conveyance of homestead property to his wife during divorce proceedings, followed by a clarifying instrument, vested the wife wi
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67 Fla. 285·
Fla.·
1914-03-27
·cited 39×
This case clarifies that Florida statutes do not require a specific designation of municipal purpose for bond issuance, as long as the bonds are for a general "municipal purpose." The court affirmed the dismissal of an injunction sought to stop bond sales due to this lack of spec
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59 Fla. 571·
Fla.·
1910-01-01
·cited 39×
This case concerns whether a company forfeited its timber rights due to a delay in paying property taxes. The court held that the company's attempt to pay taxes in March was timely, thus preventing forfeiture, and affirmed the lower court's decision.
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Shareholders of Cascade International brought a class action against Dr. Lawrence Moses and others for securities fraud arising from allegedly fraudulent financial statements and unauthorized stock issuances that inflated the company's stock price. The district court granted a pr
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Residents of a condominium sued to enjoin occupants from picketing and displaying signs to pressure the developer into making repairs, alleging defamation and tortious interference with prospective business relationships. The court affirmed the injunction in part but reversed the
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The court held that the covenant not to compete was reasonably necessary for the protection of the employer and thus enforceable, and affirmed the preliminary injunction.
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The Court of Appeals held that the district court had the statutory authority to issue a mandatory turnover order for property located outside its territorial jurisdiction, and that the order was appealable as an interlocutory injunction. The court affirmed the district court's o
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The court affirmed the preliminary injunction, finding Suter's activities subject to the Investment Advisers Act and his speech not protected by the First Amendment due to its misleading nature.
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The court held that the Sharing Agreement is a settlement, not a reorganization plan, and that approving a settlement roughly splitting the constructive trust claim was not an abuse of discretion given the substantial legal questions involved. However, the exclusion of certain de
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The court held that while Arizona can refuse to fund abortion-related activities, the footnote was potentially unconstitutionally broad by withholding all state funds. The court also found the term 'counseling for abortion procedures' not unconstitutionally vague.
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The court held that the preliminary injunction was properly granted but modified its language to be more specific, as required by Fed.R.Civ.P. 65(d).
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683 F.2d 206·
7th Cir.·
1982-07-13
·cited 38×
The court held that the Illinois Spent Fuel Act violates the Commerce Clause by discriminating against interstate commerce and that federal jurisdiction was proper. The court also found that removal of the state court action was improper.
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658 F.2d 1182·
7th Cir.·
1981-08-18
·cited 38×
The court held that Postal Service procurement decisions are subject to judicial review and that Peoples Gas had standing to challenge the decision. However, the court reversed the preliminary injunction, finding the district court erred in its application of standing principles.
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The appellate court held that the district court abused its discretion by refusing to consider the government's revised index and affidavit submitted shortly before a hearing, and erred by ordering immediate production of documents based on an inadequate initial index. The court
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614 F.2d 474·
5th Cir.·
1980-03-24
·cited 38×
The court held that the challenge to the waterway's width was barred by laches due to the plaintiffs' inexcusable delay and the resulting prejudice to the defendants, affirming the district court's dismissal.
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The court held that numbers originally adopted to indicate product size can acquire secondary meaning and function as common law trademarks, and affirmed the grant of a preliminary injunction, subject to modification.
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373 So. 2d 423·
Fla. 2d DCA·
1979-07-27
·cited 38×
This case establishes when a party to an administrative proceeding who fails to seek judicial review in the district court of appeal may later challenge the agency action in circuit court on constitutional grounds. The court holds that constitutional challenges to the agency acti
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The court held that the Boys Markets exception to the Norris-LaGuardia Act allowed injunctions to preserve the arbitral process, even against employers, and that continuing premium payments during plant wind-down was necessary to maintain the status quo for arbitration.
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The court held that the district court erred in denying a preliminary injunction because the mark ROACH INN is likely to cause confusion with the registered mark ROACH MOTEL.
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The Commodore Plaza Condominium Association appeals from multiple orders in a breach of lease dispute with Norman Cohen, Trustee, who sought to recover unpaid rental payments for recreational facilities. The court affirmed most of the trial court's judgment while remanding the ma
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The court held that the preliminary injunction and its modifications were properly entered because the notices provided to food stamp recipients regarding benefit reductions were constitutionally inadequate and failed to comply with federal regulations.
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The court held that appellants were not entitled to intervene as of right in the government's employment discrimination suit and that the trial court's delay in ruling on a preliminary injunction did not constitute an appealable denial. Both appeals were dismissed.
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516 F.2d 717·
D.C. Cir.·
1975-01-24
·cited 38×
The court held that the definition of 'public gathering' is constitutionally valid, but disagreed with the majority's interpretation of its application, particularly regarding individual demonstrators and numerical limits.
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The court held that the hospital board denied the physician procedural due process by limiting his ability to defend against past infractions considered as 'historical background' rather than examining their merits.
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The court held that the sales of Scotch whisky warehouse receipts, coupled with promises of services and profit, constituted investment contracts and thus securities subject to SEC regulation.
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The court held that a settlement agreement, approved by the court, confers personal jurisdiction over a party, rendering a prior motion to dismiss for lack of jurisdiction moot.
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The court held that individual employees are not bound by a prior government action under Title VII and can pursue claims for discriminatory layoff recalls, even if the government did not seek that specific relief previously.
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A union's disciplinary provision that is vague and infringes upon members' free speech rights under the LMRDA can be permanently enjoined by a district court.
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The court held that the plaintiff, a citizen-taxpayer, lacked standing to obtain an injunction requiring the CIA to account for funds, as the historical development of standing doctrine does not permit such an action.
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436 F.2d 513·
6th Cir.·
1971-01-26
·cited 38×
The court held that the Executive's conditioning of fatherhood deferments on not having received a graduate student deferment was a valid exercise of discretion authorized by statute, and thus not subject to pre-induction judicial review under the "lawless action" exception.
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433 F.2d 998·
4th Cir.·
1970-11-06
·cited 38×
A tenant in federally assisted public housing is entitled to due process protections, including adequate notice and a meaningful hearing, before termination of her lease.
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426 F.2d 884·
2d Cir.·
1970-06-05
·cited 38×
The court held that the plaintiff (ICTC) had not shown probable success on the merits of its claim that the defendants' actions were motivated by anticompetitive employer interests rather than legitimate union job preservation goals.
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417 F.2d 998·
2d Cir.·
1969-10-29
·cited 38×
The court held that the district court erred in refusing to entertain Broadview's declaratory judgment action, as an actual controversy existed and the court should have exercised its discretion to hear the case.
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Corporate officers and finders have a duty to disclose material information regarding finders' fees in securities transactions.
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The court held that a color designation, even if fanciful, is insufficient to warrant a preliminary injunction for trademark infringement unless it has acquired a secondary meaning indicating origin.
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388 F.2d 257·
10th Cir.·
1967-10-12
·cited 38×
The court should have abstained pending a determination by the New Mexico state courts on the issue of whether private condemnation is permissible for the transportation of water for mining purposes. The federal court's decision on this matter of fundamental state public policy,
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The court held that the preliminary injunction restraining arbitration was an unwarranted interference with the arbitration process, whether governed by the Federal Arbitration Act or the Illinois Uniform Arbitration Act.
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366 F.2d 898·
5th Cir.·
1966-09-27
·cited 38×
The court held that direct actions against the shipowner's liability insurer must be stayed pending resolution of the limitation of liability proceeding, but a stipulation is required to preserve claimants' rights regarding actions against corporate officers and their insurers.
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186 So. 2d 13·
Fla.·
1966-02-23
·cited 38×
The court held that while the district court's reasoning for affirmance was erroneous, the trial court's order should have been affirmed because the second amended complaint, seeking only monetary damages, necessitated a transfer to the law side of the court.
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356 F.2d 44·
9th Cir.·
1966-01-12
·cited 38×
A suit to compel arbitration under a collective bargaining agreement is removable to federal court as a federal question under LMRA § 301(a), and such suits do not supersede ordinary bankruptcy proceedings when the employer has ceased business and the dispute concerns allocation
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140 So. 2d 871·
Fla.·
1962-05-11
·cited 38×
The Florida Supreme Court upheld a trial court's decision invalidating a Florida Board of Pharmacy rule that prohibited pharmacists and drug establishments from advertising the names and prices of prescription drugs. The court held that while Section 465.20's time-limit on challe
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294 F.2d 744·
9th Cir.·
1961-07-25
·cited 38×
The court held that a stay order pending administrative agency determination is not an appealable injunction under 28 U.S.C. § 1292, and that granting such a stay in this case did not constitute an abuse of discretion.
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130 So. 2d 306·
Fla. 2d DCA·
1961-05-24
·cited 38×
Property owners appealed the trial court's decision to void a city ordinance granting a zoning variance for a service station in Hollywood, Florida. The court affirmed, holding that the variance was improper spot zoning because the owners failed to demonstrate unique hardship and
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The court held that a district court abused its discretion by enjoining proceedings in another district after the first court had already considered and denied motions regarding venue and transfer.
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The court held that the District Court improvidently exercised its discretion in granting a preliminary injunction because there was insufficient evidence of irreparable injury to the plaintiff and the court failed to adequately balance the conveniences and potential injuries to
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270 F.2d 209·
6th Cir.·
1959-06-17
·cited 38×
The court held that the district court did not err in approving a gradual, year-by-year desegregation plan for Nashville's public schools, finding it a prompt and reasonable start given the complexities.
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The court held that the Norris-LaGuardia Act does not prevent injunctive relief when a carrier threatens to violate explicit provisions of the Railway Labor Act, and that a preliminary injunction was properly issued given serious doubts about the validity of a labor agreement and
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81 So. 2d 511·
Fla.·
1955-06-20
·cited 38×
The Florida Supreme Court upheld a trial court decree validating $1.2 million in revenue bonds issued by the City of Fort Lauderdale for off-street parking facilities. The court rejected the appellant's challenges to the city's authority to pledge existing parking meter revenues
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The majority opinion holds that the Attorney General lacks the authority to arrest an alien while judicial review of a deportation order is pending, and that such an arrest would be an abuse of discretion.