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
-
63 So. 2d 906·
Fla.·
1953-03-31
·cited 38×
McCorquodale, a land developer, platted and dedicated a portion of his property as "Sunnyside Park" for the use of lot owners in his subdivision. When he and a subsequent occupant excluded lot owners from this park area, owners of lots in the subdivision sought an injunction. The
-
188 F.2d 294·
7th Cir.·
1951-03-26
·cited 38×
The court held that the district court erred in refusing to consider evidence regarding whether the plaintiffs had actual notice of the Adjustment Board proceedings or had authorized representation, as such notice or authorization would estop them from claiming the award was void
-
175 F.2d 242·
8th Cir.·
1949-06-10
·cited 38×
The court held that the Administrator could seek restitution for rent overcharges under the Emergency Price Control Act even after its expiration, as the Act's saving clause preserved such rights.
-
159 Fla. 698·
Fla.·
1947-11-21
·cited 38×
The Florida Supreme Court reversed a lower court decree that enjoined revocation of a beverage license, holding that the proper remedy for challenging license revocation is a common law writ of certiorari, not an equity suit, and that the record supported the director's revocatio
-
144 F.2d 784·
8th Cir.·
1944-10-05
·cited 38×
The court held that the trial court erred in entering a judgment against the surety company which was not a party to the action, but affirmed the judgment against the construction company for negligence.
-
Jackson Grain Company and other chain stores appealed the lower court's order striking parts of their answer and dismissing their counterclaim in a tax dispute with Florida's Comptroller. The Florida Supreme Court affirmed, holding that the Comptroller's previous inability to col
-
118 Fla. 549·
Fla.·
1935-02-28
·cited 38×
A taxpayer sought to enjoin the Town of Boca Raton from paying lien certificates for street improvements and to restrain contractors from suing on those certificates. The trial court dismissed the bill against contractor Clint Moore but made permanent a restraining order against
-
111 Fla. 718·
Fla.·
1933-08-08
·cited 38×
The Florida Supreme Court held that a city manager lacks authority to make purchases on behalf of a municipality unless that authority is granted by ordinance, not by resolution. The court reversed the lower court's dismissal of an injunction against a city manager's unauthorized
-
95 Fla. 135·
Fla.·
1928-02-13
·cited 38×
This case concerns the interpretation of restrictive covenants in a deed for lots in a subdivision. The court had to decide if using a property as a sanitarium violated covenants restricting its use to a strictly residential section. The court affirmed the lower court's decision,
-
94 Fla. 890·
Fla.·
1927-11-08
·cited 38×
A Florida cattle owner challenged the State Live Stock Sanitary Board's authority to dip his tick-free cow and calf, arguing they fell within a statutory exception for animals kept in tick-free enclosures. The Supreme Court affirmed the lower court's denial of a temporary injunct
-
92 Fla. 347·
Fla.·
1926-07-24
·cited 38×
Stephenson, a lessee of commercial real estate, appeals orders granting a temporary restraining order that prevented him from making alterations to the building's exterior walls. The Florida Supreme Court affirmed the injunction, holding that absent an enforceable agreement with
-
Foreclosure FreeSearch appealed a trial court's temporary injunction blocking a reverse stock split and appraisal process affecting minority shareholders Sullivan and Muttillo. The appellate court reversed, holding that the appraisal process constitutes an adequate remedy at law
-
653 So. 2d 1025·
Fla.·
1995-04-20
·cited 37×
The Florida Supreme Court upheld a city employment regulation requiring job applicants to certify they have not used tobacco for one year before being considered for hire. The Court held that applicants have no reasonable expectation of privacy regarding smoking habits under Flor
-
818 F.2d 1337·
7th Cir.·
1987-05-12
·cited 37×
The court held that the plaintiffs failed to demonstrate a sufficient likelihood of success on the merits to warrant a preliminary injunction against state regulation, and thus the denial of the injunction was proper.
-
501 So. 2d 101·
Fla. 3d DCA·
1987-01-20
·cited 37×
Specialty Restaurants challenged the City of Miami's consent to a sublease that allowed the sale of alcoholic beverages beyond beer on adjacent property, arguing the master lease only permitted beer and that any modification required competitive bidding or voter approval. The cou
-
Injunctive relief is not available to a private plaintiff in a civil RICO action, and sacred scriptures do not meet the definition of a trade secret under California law.
-
794 F.2d 1520·
11th Cir.·
1986-07-25
·cited 37×
The court held that the district court erred in enjoining the city's ordinances based on a misapplication of First Amendment law, particularly regarding site availability and the presumption of legislative intent.
-
726 F.2d 55·
2d Cir.·
1984-01-05
·cited 37×
The court held that the district court erred in eliminating pre- and post-judgment interest from a back pay award under the FLSA and in denying the Secretary's petition for civil contempt.
-
The court held that the district court improperly allocated the burden of proof regarding the business judgment rule when assessing the merits of InterNorth's counterclaim for a preliminary injunction.
-
-
384 So. 2d 916·
Fla. 1st DCA·
1980-06-11
·cited 37×
The Department of Transportation appeals from an injunction requiring it to either condemn Burnette's 100-acre property or cease diverting water onto it. The court affirms the injunction against continued water diversion but reverses the finding of a constitutional taking, holdin
-
The court held that the Army Corps of Engineers' issuance of a permit to cross the Missouri River was not a "major federal action" requiring an Environmental Impact Statement under NEPA, and the Tribe failed to raise substantial environmental issues.
-
-
340 So. 2d 1243·
Fla. 2d DCA·
1976-12-17
·cited 37×
In this interlocutory appeal, the Florida District Court of Appeal reversed an order compelling arbitration between condominium associations and their management corporation, holding that the management corporation waived its right to arbitration through inconsistent pre-suit con
-
The court should reverse the district court's finding that the plastic bank embodied only trivial variations from a public domain work, as minimal variations are sufficient for copyrightability.
-
277 So. 2d 260·
Fla.·
1973-05-02
·cited 37×
The Florida Supreme Court affirmed the dismissal of a suit seeking to enforce Florida Statute § 704.05, which limits mining and drilling easements to twenty years, holding that the statute does not operate retroactively and therefore does not apply to pre-existing easements. The
-
-
430 F.2d 998·
8th Cir.·
1970-08-13
·cited 37×
The court held that 18 U.S.C. § 401 is not unconstitutionally vague and that appellants' claim of prior art did not excuse their contempt for violating a patent injunction.
-
226 So. 2d 393·
Fla.·
1969-09-17
·cited 37×
In this common law tradename protection case, the Florida Supreme Court held that merely registering a tradename does not grant exclusive use rights, and that protection extends only within the territorial scope of actual business operations. The court reversed an injunction agai
-
The court held that the trial court erred in granting a preliminary injunction because the plaintiff failed to demonstrate a persuasive case for irreparable harm or a sufficient likelihood of success on the merits.
-
The court held that a federal court has the authority to order backpay as a sanction for a carrier's violation of Section 6 of the Railway Labor Act, and that a federal court can enjoin state proceedings that interfere with its federal labor law orders.
-
-
287 F.2d 951·
2d Cir.·
1961-03-16
·cited 37×
The court held that the arbitration clause was not broad enough to cover allegations of fraud in the inducement, and that there was no substance to the fraud claim.
-
125 So. 2d 749·
Fla.·
1960-12-19
·cited 37×
The Florida Supreme Court reversed a lower court decree that upheld the Game and Fresh Water Fish Commission's authority to require a permit for operating a wildlife exhibit. The court held that while the Commission has authority to regulate taking and possession of native Florid
-
97 So. 2d 312·
Fla. 2d DCA·
1957-09-18
·cited 37×
The court held that the county had the implied power to withdraw lands from homesteading, and the appellant waived any procedural objections by not raising them below.
-
Florida Supreme Court reversed a trial court's grant of a temporary injunction preventing the State Road Department from accepting bids for construction of a state road section in Wakulla County. The Court held that the road was properly designated as part of the state highway sy
-
52 So.2d 340·
Fla.·
1951-04-24
·cited 37×
The Supreme Court of Florida addressed the enforceability of a lease covenant requiring a lessee to assign a liquor license back to the lessor upon lease termination. The court held that such covenants are enforceable, recognizing liquor licenses as having property value beyond a
-
The court held that the Fair Labor Standards Act of 1938, by stating actions may be 'maintained in any court of competent jurisdiction,' grants employees the right to prosecute their claims to final judgment in the state court where filed, preventing removal to federal court.
-
20 Fla. 889·
Fla.·
1884-06-01
·cited 37×
Property owners sought to enjoin a railroad company from constructing a steam railway on a street adjacent to their property, claiming it would constitute a nuisance and damage their property values. The Florida Supreme Court affirmed the dissolution of the injunction, holding th
-
Vital Pharmaceuticals sued four former employees and their new employer to enforce restrictive covenants from employment agreements, seeking a preliminary injunction to prevent them from working for a competitor and disclosing confidential information. The Eleventh Circuit vacate
-
The Eleventh Circuit held that the IRS may be entitled to a preliminary injunction against a serial tax delinquent, as a suit for money damages is not necessarily an adequate remedy at law when the taxpayer is judgment-proof and has a history of evading payment.
-
12 So. 3d 1261·
Fla. 4th DCA·
2009-07-01
·cited 36×
Fox homeowners appealed a mandatory injunction requiring removal of their driveway that violated restrictive covenants in their subdivision. The court affirmed, holding that the five-year statute of limitations for injunctive actions applied rather than the one-year limitations p
-
845 So. 2d 874·
Fla.·
2003-02-20
·cited 36×
The Florida Supreme Court affirmed a finding that Albert A. Rapoport, a Washington D.C.-licensed attorney, engaged in the unlicensed practice of law in Florida by representing parties in securities arbitration proceedings without a Florida bar license. The Court rejected Rapoport
-
The Eleventh Circuit affirmed the district court's order granting a preliminary injunction against PLD for trademark infringement. The court held that the unauthorized resale of a trademarked product that is materially different from the genuine product constitutes infringement,
-
616 So. 2d 27·
Fla.·
1993-03-25
·cited 36×
The Florida Supreme Court held that a private entity acting on behalf of a public agency is not liable for attorney's fees under Florida's public records statute when the entity reasonably and in good faith denies access because its legal status under the statute is genuinely unc
-
563 So. 2d 117·
Fla. 3d DCA·
1990-05-22
·cited 36×
Residents and heirs of the original grantors challenged Dade County's construction of the Lipton International Tennis Center at Crandon Park, arguing it violated a 1940 deed restriction limiting the land to "public park purposes only." The Third District reversed the trial court
-
The court held that challenges to EPA's remedial actions under CERCLA are barred by § 113(h) until the action is completed, and that plaintiffs lacked standing for their constitutional claims.
-
The court held that the prison's strip search policy and taser use policy were reasonably related to legitimate penological interests and did not violate the Fourth or Eighth Amendments. Procedural claims were also found meritless.
-
858 F.2d 1347·
9th Cir.·
1988-01-29
·cited 36×
The court held that the district court had jurisdiction to review an emergency suspension order of a pesticide registration, even when no expedited hearing was requested by the registrant.
-
799 F.2d 1060·
5th Cir.·
1986-09-15
·cited 36×
The court held that it had jurisdiction to hear the appeal, denied the request for a stay, dismissed the appeal for lack of merit, and directed the transfer of bankruptcy cases to the Northern District of Texas.