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
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The court held that the district court erred in granting a preliminary injunction because the agreement allowing site preparation before a final EIS and NPDES permit was valid under EPA regulations.
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689 F.2d 217·
D.C. Cir.·
1982-09-17
The court held that EPA's Program Requirements Memorandum 79-7, which established a rigorous review policy for advanced waste treatment projects, was valid and did not violate the Clean Water Act or procedural requirements.
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418 So. 2d 1214·
Fla. 1st DCA·
1982-09-01
The trial court erred in concluding that a proposed Tot Lot with a swing set, picnic table, and underground garbage can violated Article IX of the subdivision covenants, which reserves the right to build recreational facilities pursuant to a wildlife conservation and nature study
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An intervening union election does not divest a federal district court of jurisdiction over a previously filed Title I LMRDA claim, especially when the delay in resolution was caused by the defendants' misrepresentations.
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The court held that a delay in graduation does not constitute irreparable harm, and therefore reversed the portion of the preliminary injunction requiring the Academy to graduate the plaintiff.
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12 Ohio F. Dec. 552·
S.D. Fla.·
1982-08-09
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417 So. 2d 1043·
Fla. 4th DCA·
1982-07-21
An airline pilot sued Broward County after his car was towed from a reserved FAA parking area at Fort Lauderdale-Hollywood International Airport, seeking damages and injunctive relief. The trial court entered summary judgment for the county, which the appellate court affirmed bas
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The court held that exhaustion of administrative remedies was not required because the available remedy was neither adequate nor effective to address the objections raised.
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681 F.2d 1133·
9th Cir.·
1982-07-19
The court held that the petitioner's argument based on the Silva injunction is moot because the injunction has been dissolved, and his other constitutional arguments are meritless.
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The court held that even if the head start rule is applied as argued by the plaintiff, the preliminary injunction must be denied because the head start period has expired.
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The court held that a preliminary injunction is not warranted because the plaintiff failed to demonstrate a substantial likelihood of prevailing on the merits and other prerequisites were not met.
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The appellate court affirmed the trial court's denial of a temporary injunction. The appellant's claim of a sunshine law violation, based on a mayor's deposition, was found insufficient to warrant a hearing or relief.
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The court held that neither the international nor the local union could be held liable for the discriminatory effects of the seniority system, affirming the district court's judgments.
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A temporary restraining order, even if modified after notice, expires within a maximum of twenty days if a preliminary injunction is not granted after a hearing where all parties have had an opportunity to present evidence.
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413 So. 2d 47·
Fla. 3d DCA·
1982-03-16
A non-abutting lot owner granted by dedication only the right to use and enjoyment of an artificial navigable canal possesses no rights beyond those of the general public and therefore lacks standing to challenge the riparian rights exercise of abutting landowners.
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673 F.2d 645·
3d Cir.·
1982-02-26
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673 F.2d 5·
1st Cir.·
1982-02-26
A district court lacks the authority under 18 U.S.C. § 2518 to issue an injunction regulating government conduct outside of a specific proceeding.
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The court remanded the case to the District Court for a statement of reasons justifying the breadth of each injunction, considering prior precedent.
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404 So. 2d 162·
Fla. 2d DCA·
1981-09-23
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402 So. 2d 1354·
Fla. 4th DCA·
1981-09-02
The City of Sunrise appealed the issuance of a temporary injunction preventing it from annexing certain property. The appellate court held that the Town of Davie failed to establish the prerequisites for temporary injunctive relief, particularly the likelihood of irreparable harm
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656 F.2d 593·
10th Cir.·
1981-08-07
Federal courts lack jurisdiction to hear claims regarding the Public Utility Regulatory Policies Act (PURPA) until a state court has denied the right to intervene or compensation.
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The court held that mandamus is not appropriate because the petitioner had an adequate alternative remedy through intervention and certification under 28 U.S.C. § 1292(b).
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654 F.2d 704·
8th Cir.·
1981-07-30
The court held that restitution is not warranted when a party voluntarily enters into an agreement, even if that agreement is later vacated due to lack of jurisdiction, as the agreement was not compelled by a court order.
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Federal courts have subject matter jurisdiction over cases arising under section 13(c) agreements and the UMTA, and a union's claim for violation of interest arbitration rights states a cause of action.
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The court continued the preliminary injunction pending a prompt trial on the merits, finding that circumstances had changed and that vacating the injunction would threaten the research project's funding and continuity.
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650 F.2d 1324·
5th Cir.·
1981-06-30
The dissenting judge believes an aerial tramway is not a consumer product under the Consumer Product Safety Act.
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652 F.2d 749·
8th Cir.·
1981-06-30
The court held that the denial of summary judgment was not an appealable order under 28 U.S.C. § 1292(a)(1) because it was interlocutory and did not refuse to dissolve or modify an injunction.
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The appeal is dismissed as moot because the underlying issues have been resolved through subsequent proceedings, and KCPL has not demonstrated a reasonable expectation of repetition evading review.
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The Florida Supreme Court held that Anson Klinger (alias Andrew Peters), an unlicensed person, engaged in the unauthorized practice of law by signing legal documents as an attorney and filing suit documents as counsel for his company, Just Lamps, Inc. The Court imposed a $1,000 f
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The court held that the prior panel decision in Doe v. Plyler, finding the exclusion of illegal alien children from free public education unconstitutional, controls this case.
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The court held that the Postal Service failed to establish probable cause to believe the defendant was engaged in a scheme to defraud through the mail, and therefore denied the motion for a preliminary injunction.
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The court held that the district court erred in denying a preliminary injunction based solely on the statute of limitations, and that laches should be considered. The order denying the injunction is vacated for reconsideration.
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The court held that the district court prematurely dismissed the CFTC's action for injunctive relief, as disputed issues of fact regarding the likelihood of future violations and mootness remained.
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645 F.2d 1·
5th Cir.·
1981-04-24
The court denied the United States' request to stay litigation and nullify an attachment order.
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Southern Wine and Spirits sought a mandatory injunction to compel Paddington Corporation to continue supplying Bailey's Irish Cream after its distribution rights were cut off. The court affirmed the trial court's issuance of a temporary mandatory injunction, holding that a distri
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645 F.2d 538·
6th Cir.·
1981-04-01
The court affirmed the district court's judgment, finding no showing of entitlement to remedy for male employees adversely affected by the remedial order.
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395 So. 2d 564·
Fla. 1st DCA·
1981-02-23
The City of Jacksonville appealed an order enjoining it from enforcing an OR (open-rural) zoning classification on appellee's property. The court affirmed, holding that the zoning classification effectively deprived the property owner of all reasonable use, justifying judicial in
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A professionally validated employment test with a disparate racial impact is permissible under Title VII and the Constitution if it is job-related and not a pretext for discrimination.
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The district court lacked jurisdiction to issue a preliminary injunction against a strike when the underlying dispute concerns the interpretation of a no-strike clause, as per Buffalo Forge.
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636 F.2d 1135·
6th Cir.·
1980-12-11
The court held that Army Regulation 601-25 permits a physician to apply for an exemption from active duty based on community need before receiving orders for active duty.
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390 So. 2d 187·
Fla. 2d DCA·
1980-11-19
In this property dispute, the court upheld the enforceability of deed restrictions in a subdivision despite a provision allowing the original grantor to amend them. The court held that the reservation of amendment rights is merely one factor in determining whether a common plan o
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The court held that Vermont's highway project funds were not obligated before the enactment of the Supplemental Appropriations and Reissue Act of 1980, rendering its claim moot.
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389 So. 2d 230·
Fla. 5th DCA·
1980-09-24
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Court affirmed denial of temporary injunction against club membership termination, finding intervention premature where the club conceded its statutory obligation to provide notice and hearing under Fla. Stat. § 617.10(2).
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388 So. 2d 224·
Fla. 2d DCA·
1980-07-25
Homeowners appealed a judgment awarding their neighbors $2,500 in damages for alleged misuse of an easement of necessity, claiming they were not vicariously liable for their adult son's misconduct on the property. The court vacated the damages award, holding that parents cannot b
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385 So. 2d 1158·
Fla. 2d DCA·
1980-07-09
The dismissal of the mandamus petition was correct, but it should have been without prejudice to allow the appellant to pursue other equitable remedies.
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Affirmed trial court's injunction preventing a housing cooperative from assessing carrying charges except in the proportionate shares specified in its occupancy agreement.
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The court held that there was probable cause to believe the defendant's advertisements contained false representations, justifying the detention of mail pending administrative proceedings.
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384 So. 2d 1276·
Fla.·
1980-06-12
A Florida taxpayer challenged a county contract for ambulance services awarded without competitive bidding, arguing it violated state law requiring bids for purchases exceeding $3,000. The Florida Supreme Court held that while the county lacked power to amend the bidding statute
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The court held that subsequent events rendered the request for injunctive relief moot, and discretionary denial of declaratory relief was appropriate.