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
-
603 F. Supp. 940·
S.D. Fla.·
1985-02-26
The court held that a single claimant may proceed with a state court action for personal injuries, provided they concede the sufficiency of the stipulation for value and waive res judicata regarding the limitation of liability issue.
-
The court held that the district court did not err in denying the plaintiffs' motion for preliminary injunctive relief to dissolve the trusteeships, as the ALEA president had reasonable grounds to believe a legitimate emergency existed.
-
The court held that the district court did not abuse its discretion in denying a preliminary injunction against the NCAA bylaw, as the appellants failed to demonstrate a reasonable probability of success on the merits.
-
The court held that while the breach of contract claim failed, there was a sufficient likelihood of success on the First Amendment retaliation claim due to the circumstances surrounding the inclusion of the petitioner's critical letter in his application file.
-
461 So. 2d 198·
Fla. 1st DCA·
1984-12-13
The Department of Professional Regulation and Board of Psychological Examiners appealed an interlocutory order granting a preliminary injunction against enforcement of Chapter 490, Florida Statutes, which regulated the practice of psychology and related professions. The court aff
-
The court held that Berwick Bay failed to demonstrate a likelihood of success on the merits of its appeal, and therefore denied its motion to stay the preliminary injunction.
-
The court held that the case is moot because the Supreme Court has upheld the constitutionality of the statute, rendering the original controversy non-justiciable.
-
The court held that the buyer did not breach the purchase agreement by failing to close because a preliminary injunction against the seller regarding service levels created valid reasons for excusing the buyer's performance.
-
743 F.2d 1227·
7th Cir.·
1984-09-20
The court affirmed the district court's judgment finding claim 7 of the '120 patent valid and infringed, and affirmed the denial of costs and attorneys' fees.
-
742 F.2d 1115·
7th Cir.·
1984-09-11
The court held that the town of Cumberland, Indiana, could not enforce its building code and collect permit fees because it conflicted with the consolidated city of Indianapolis's building code under Indiana law.
-
The court held that the issue of a preliminary injunction was moot and affirmed the district court's finding of good cause for reopening a dealership.
-
740 F.2d 654·
8th Cir.·
1984-08-08
The court held that the statute governing transfers of veterans from VA hospitals to nursing homes creates an objective expectation of process, thus establishing a constitutionally protected liberty interest requiring appropriate procedural safeguards before transfer.
-
A temporary injunction allowing a utility to collect rates higher than those set by a county board was improper because it usurped the board's legislative rate-setting function.
-
737 F.2d 110·
D.C. Cir.·
1984-06-19
The court held that the District of Columbia ordinance banning possession of radar detectors in motor vehicles did not violate the Commerce Clause or the Due Process Clause.
-
The court denied a petition for rehearing, adhering to precedent that the panel correctly found insufficient evidence for a reasonable cause determination by the Board.
-
A preliminary injunction for breach of a non-compete covenant will be affirmed if there is evidence supporting the existence of a valid contract, a material breach, and the inadequacy of legal remedies, with irreparable injury presumed.
-
The appellate court affirmed the trial court's grant of a preliminary injunction, finding no abuse of discretion.
-
444 So. 2d 1028·
Fla. 3d DCA·
1984-01-17
The court held that a cocktail lounge's operation constitutes a "retail unit" prohibited by a deed restriction, and therefore the restriction should be enforced.
-
The court held that a preliminary injunction enforcing a settlement agreement was inappropriate because the plaintiffs failed to establish irreparable injury or substantial harm.
-
The court held that Vasquez's claims were barred by res judicata because they were actually litigated and determined in the state court Article 78 proceeding, precluding relitigation in federal court under § 1983.
-
722 F.2d 432·
8th Cir.·
1983-12-14
The court held that the district court's grant of summary judgment based on res judicata was not in error.
-
-
The court affirmed the trial judge's discretionary determination that modified plans for property improvements would bring the property into compliance with Santa Rosa Island Protective Covenants, rejecting both the appellants' demand for destruction and the appellees' cross-appe
-
The court held that the Pfiles subjected their property to an open, visible, continuous, and permanent easement for sewage treatment in favor of the motel, and thus Motel 6 is entitled to an implied easement.
-
The court reversed a temporary restraining order for failure to comply with Florida Rule of Civil Procedure 1.610(d) because the order did not specify the reasons for entry, without prejudice to reapplication.
-
The court held that a party is not entitled to attorneys' fees under 42 U.S.C. § 1988 if the preliminary injunction they obtained was erroneously granted and thus unnecessary.
-
The court held that the district court did not err in granting the preliminary injunction, but modified its scope to preserve the status quo.
-
The court held that the defendants failed to prove the plaintiff did not mitigate damages and that their offered position was not comparable to the one from which he was terminated, and reduced liquidated damages due to some evidence of good faith.
-
435 So. 2d 941·
Fla. 4th DCA·
1983-08-03
A father appealed a trial court's decision allowing the custodial mother to relocate with their minor child from Florida to another state. The appellate court affirmed, holding that the trial court's determination that relocation was in the child's best interest was supported by
-
The court affirmed the district court's preliminary injunction, vacating its prior judgment, consistent with the Supreme Court's ruling that generic drugs require FDA approval.
-
433 So. 2d 606·
Fla. 4th DCA·
1983-06-15
Hartford Accident and a subcontractor sought a preliminary injunction to prevent All Purpose Crane from using a crane allegedly involved in a fatal construction accident, without All Purpose Crane being a party to the underlying action. The court held that injunctive relief to pr
-
The court held that the Parole and Probation Commission may correct its own scoring errors on review, even if it results in a higher presumptive parole release date, provided the aggravation is factually supported and not already included in the offense definition.
-
432 So. 2d 678·
Fla. 5th DCA·
1983-06-02
Taxpayers sued city and county commissioners and a private engineering firm for conflict of interest, alleging that a public official was simultaneously serving as city and county engineer while also operating a private engineering company subject to his own official review. The
-
The court held that the district court abused its discretion in granting a preliminary injunction because the appellee failed to demonstrate irreparable injury or a likelihood of success on the merits.
-
A waiver of a claim against the stakeholder, but not against the fund itself, does not divest a federal court of jurisdiction in an interpleader action under 28 U.S.C. § 1335. Furthermore, jurisdiction is determined at the time the suit is filed.
-
The court granted plaintiffs' application for a temporary restraining order and preliminary injunction, finding a prima facie showing of trademark infringement and unfair competition through the sale of counterfeit goods.
-
430 So. 2d 534·
Fla. 5th DCA·
1983-04-27
This case involves a taxpayer's challenge to a city commission's decision to award a construction contract to a higher bidder. The court found that awarding the contract based on factors other than the lowest responsible bid, when it resulted in a significant overpayment and pers
-
The court denied the motion for a temporary restraining order because plaintiffs failed to show a substantial threat of irreparable injury, but granted interim relief by enjoining certain receiver powers pending further order.
-
429 So. 2d 40·
Fla. 4th DCA·
1983-03-16
The City of Miramar appealed a trial court judgment that prevented enforcement of its fence ordinance against a resident who kept permitted cougars. The appellate court reversed, holding that no conflict existed between the Commission's wildlife regulations and the City's zoning
-
The court held that transferring pretrial detainees from a medium-security facility to a maximum-security facility, without more, does not constitute a constitutional violation, particularly when the new facility is adequately equipped and security is a legitimate governmental pu
-
The court held that section 20(b) of the 1982 Pennsylvania Welfare Reform Act does not unconstitutionally chill First Amendment rights of expression, petition, or association, nor does it restrict access to the courts.
-
427 So. 2d 170·
Fla.·
1983-01-27
The Florida Supreme Court held that a city zoning ordinance can be subject to a referendum vote of the electorate, as the referendum power is a reserved power of the people under the Florida Constitution. The Court rejected the property owner's challenges based on due process and
-
425 So. 2d 190·
Fla. 3d DCA·
1983-01-18
The Florida Department of Business Regulation appealed a preliminary injunction that blocked enforcement of an emergency suspension of a bar's liquor license. The appellate court reversed, holding that the bar owner could not file a new lawsuit with constitutional challenges afte
-
424 So. 2d 757·
Fla.·
1982-12-22
The Florida Bar sought to hold Julio A. Pascual in contempt and enjoin him from practicing law without a license. The Court found that Pascual, while working as a paralegal, engaged in unauthorized practice of law and issued a permanent injunction against such conduct in Florida.
-
The City of Riviera Beach and its officials appealed the trial court's grant of a temporary injunction and declaration that a city ordinance terminating civil service board members' terms was unconstitutional. The appellate court affirmed, holding that the city forfeited its capa
-
424 So. 2d 65·
Fla. 1st DCA·
1982-12-10
Property owners appealed a summary judgment enjoining them from using their land as a private airport. The court reversed, finding material factual disputes existed regarding whether the property contained a principal building and whether the airport use was permitted under zonin
-
In a civil contempt proceeding arising from violations of a permanent injunction governing conditions at the Duval County Jail, the court found that defendants exceeded the court-ordered inmate capacity limit on October 10 and 11, 1982, and imposed a $10,000 fine despite defendan
-
Three Florida State Prison inmates appealed a circuit court's dismissal of their petition for a writ of prohibition challenging threatened forced medical intervention to end their hunger strike, claiming it violated their First Amendment rights. The appellate court dismissed for
-
A district court cannot modify a preliminary injunction to reduce contractually agreed-upon rent absent grounds like fraud or mistake, as this exceeds general equity powers and statutory authority.
-
690 F.2d 588·
6th Cir.·
1982-10-11
The court held that the district court correctly dismissed the action because the plaintiff had not suffered irreparable injury and the action was premature.