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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560 F.2d 625·
5th Cir.·
1977-10-05
The court held that Title 3, § 279 of the Canal Zone Code does not authorize extraterritorial service of process in an in personam action for the Canal Zone district court.
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349 So. 2d 753·
Fla. 3d DCA·
1977-08-30
Miami-Dade Optical Dispensary and a licensed optician appealed a summary judgment enjoining them from fitting contact lenses without direct supervision of a licensed optometrist or physician. The court affirmed, holding that converting an eyeglass prescription to contact lens spe
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348 So. 2d 923·
Fla. 1st DCA·
1977-07-29
A licensed physician challenged a medical board's disciplinary action alleging he violated Florida's unprofessional conduct statute by accepting rebates or kick-backs from a hospital. The appellate court reversed, holding that acceptance of rebates does not constitute "unprofessi
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The court affirmed dismissal of plaintiffs' complaint seeking injunctive relief to compel the licensing board to administer an electrical contractors examination, holding that the complaint failed to allege sufficient facts of arbitrary and capricious conduct to invoke judicial j
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The court held that the district court's findings of fact supporting the preliminary injunction were not clearly erroneous, and the appeal was premature.
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B & B Advertising Company challenged the Florida Department of Transportation's mandatory injunction to remove its billboard sign for violating federal Highway Beautification Act spacing requirements. The court upheld the injunction but reversed the denial of compensation, findin
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556 F.2d 72·
D.C. Cir.·
1977-05-27
The court held that the May 19 injunction did not prohibit the insured from changing beneficiaries, and thus the beneficiary changes made after that injunction were valid.
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The Court accepted the stipulated settlement and permanently enjoined James P. Moore from practicing law in Florida until he becomes a member of The Florida Bar.
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344 So. 2d 951·
Fla. 2d DCA·
1977-04-22
Property owners appealed a final judgment enforcing an easement settlement that prohibited them from accessing their own easement across their property. The court reversed, holding that owners cannot be denied reasonable access to an easement they own and maintain, despite contra
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The Federal Power Commission (FPC) was not compelled by California v. FPC to defer consideration of a merger application under the Federal Power Act pending resolution of a private antitrust suit.
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The dissenting judge argued that probable cause existed to arrest the defendant based on the discovery of a cooker spoon with a white substance resembling heroin in the car where the defendant was a passenger.
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342 So. 2d 549·
Fla. 3d DCA·
1977-02-15
A municipality cannot annex unincorporated territory lying in another county unless expressly authorized by statute.
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549 F.2d 60·
8th Cir.·
1977-02-04
The court held that the issues raised in the initial complaint were moot and the district court did not abuse its discretion in denying leave to file an amended complaint.
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549 F.2d 173·
10th Cir.·
1977-02-03
The dissenting judge would grant the injunctive relief sought by appellants.
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Sunbeam Television Corporation and the Miami Herald Publishing Company challenged the constitutionality of Florida's 1974 amendment to Chapter 934 (the Security of Communications Act), which prohibited electronic recording of conversations without all parties' consent. The court
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546 F.2d 15·
2d Cir.·
1976-12-16
The court held that the guarantor's obligation was not discharged by the vessel's successive transfers, as the charter party contemplated such transfers with the charterer's consent.
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The court held that the portion of the order requiring the return of rents was premature and determined the merits of the cause before trial.
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339 So. 2d 253·
Fla. 2d DCA·
1976-11-05
The Florida Attorney General petitioned for certiorari to challenge a temporary injunction that prohibited him from disseminating information about defendants and soliciting complaints from the public in a deceptive trade practices case. The court upheld the injunction against ma
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This case addresses whether a city council has the power to remove its president mid-term without explicit charter authorization. The Florida District Court of Appeal held that a legislative body possesses the inherent common law and parliamentary right to remove its presiding of
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338 So. 2d 45·
Fla. 1st DCA·
1976-09-13
The Board of Marion County Commissioners closed a platted public road (Wekiva Road) providing the only public access to Rainbow River for five miles and restricted river access through their recreation park to fee-paying patrons during limited hours. The trial court granted an in
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346 So. 2d 1198·
Fla. 1st DCA·
1976-09-10
In this non-compete enforcement case, the Florida District Court of Appeal affirmed dismissal of an injunction seeking to enforce a three-year post-termination restrictive covenant, holding that appellant lost any equitable claim to injunctive relief by waiting nearly three years
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44 Fla. Supp. 149·
Sarasota Cty. Cir. Ct.·
1976-07-23
The State Attorney sought an injunction to prevent a mobile home park from enforcing a rule prohibiting "For Sale" signs on individual lots, claiming the rule violated Florida Statute §83.71. The court denied the injunction, holding that the rule does not deny or abridge the righ
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The court held that the defendant did not waive the defense of lack of personal jurisdiction by failing to assert it, as her actions were reasonable given the circumstances.
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The court held that the district court did not abuse its discretion in granting a preliminary injunction to restore a barricade on a road within a public use area.
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330 So. 2d 501·
Fla. 4th DCA·
1976-04-15
The court held that the interlocutory order enjoining the sale of a note was improper because it violated procedural rules for injunctions.
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330 So. 2d 495·
Fla. 4th DCA·
1976-04-15
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The denial of a preliminary injunction was proper because plaintiffs have an adequate remedy at law for damages if they prevail on the merits of their federal securities law claims.
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The court held that the district court properly refused to convene a three-judge court and properly dismissed the action for failure to state a claim.
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The court denied a request for a permanent injunction to stop a proposed charter amendment election, finding the plaintiff filed too late and that the amendment was properly presented.
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328 So. 2d 199·
Fla.·
1976-02-11
The court held that the Orange County zoning act amendments are constitutional as applied, and the denial of a special exception for a church was proper.
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The court affirmed the district court's refusal to hold the appellee in contempt.
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44 Fla. Supp. 72·
Palm Beach Cty. Cir. Ct.·
1976-01-15
In this declaratory judgment action, the Palm Beach County Circuit Court upheld most of West Palm Beach's 1973 sign code regulating outdoor advertising on aesthetic grounds, but invalidated specific sections that operated as zoning ordinances without proper zoning procedures and
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The court held that the injunction was neither too broad nor too narrow, and that Smith was not entitled to damages or attorney's fees.
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Appellants Joanne Poerschke and her children appeal a final judgment awarding their parents/grandparents (the Fandreys) a mandatory injunction to return property, funds, and documents, plus a $69,300 judgment. The appellate court affirmed most of the judgment but reversed three p
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320 So. 2d 878·
Fla. 2d DCA·
1975-10-29
The Florida District Court of Appeal reversed a writ of prohibition that prevented a county zoning board from holding a rehearing on a variance petition. The court held that the zoning code permits aggrieved parties to apply "at any time" for modification or rescission of a board
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320 So. 2d 831·
Fla. 4th DCA·
1975-10-24
The court held that quo warranto is the exclusive remedy to challenge municipal boundary changes, and thus the trial court erred in not dismissing the complaint.
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317 So. 2d 101·
Fla. 2d DCA·
1975-10-17
Appellants, as residents and taxpayers, sought to enjoin the City of Naples and Collier County from executing an illegal agreement leasing water and sewer systems to the City for 99 years. The trial court dismissed the complaint for failure to state a cause of action, but the app
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The court affirmed the denial of preliminary injunctive relief, finding no clear abuse of discretion by the district court.
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519 F.2d 298·
D.C. Cir.·
1975-09-15
The court held that the veteran's constitutional claims regarding the $10 fee limit for agents or attorneys representing veterans on claims for monetary benefits before the VA were not insubstantial, requiring further proceedings.
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43 Fla. Supp. 149·
Broward Cty. Cir. Ct.·
1975-08-19
A person who repeatedly operates a motor vehicle on public roads while under license suspension, causing accidents and property damage, may be enjoined from operating any motor vehicle on public streets and highways throughout the state as a public nuisance when criminal and traf
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317 So. 2d 138·
Fla. 4th DCA·
1975-08-08
This case involves a tenant suing her landlord for retaliatory eviction. The trial court found the eviction retaliatory and enjoined it, but later amended the order to allow the eviction suit to proceed after a certain date. The appellate court reversed the amended order, instruc
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317 So. 2d 754·
Fla.·
1975-07-30
The Florida Supreme Court upheld findings that Lucille Moran engaged in the unauthorized practice of law by holding herself out as an attorney, using business cards and correspondence identifying herself with false bar associations while not being licensed to practice in Florida
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A circuit court granted a temporary injunction halting a recall election against two Hallandale city commissioners, finding that the recall petition failed to allege legally sufficient grounds for removal. The court held that the charges—primarily disagreement over the city manag
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New Smyrna Yellow Cab appealed from a trial court order modifying a temporary injunction to prohibit use of yellow-colored taxi cabs in a portion of Volusia County. The appellate court reversed, finding the modification was an abuse of discretion as a temporary injunction, withou
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312 So. 2d 457·
Fla. 1st DCA·
1975-06-16
Petroleum Carrier Corporation sought an injunction to prevent Silco Petroleum Carrier from transporting petroleum products without a Public Service Commission certificate, claiming Silco lacked proper authority. The court held that a city fire safety permit and occupational licen
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The court held that federal courts should not interfere with state civil proceedings to determine the application of a municipal ordinance, even if the ordinance is arguably vague.
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Florida appellate court affirmed a temporary injunction against health care services company from advertising or selling weight-reducing treatments using unapproved drugs, but narrowed the geographic scope from statewide to Dade County only.
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42 Fla. Supp. 1·
Dade Cty. Cir. Ct.·
1975-03-06
The State and County Attorney sought an injunction to abate a public nuisance caused by the deteriorated cargo vessel M/V Almirante on the Miami River. The court granted the injunction, authorizing plaintiffs to seize the vessel, make it seaworthy, tow it to sea, and sink it at a