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 affirmed the denial of a preliminary injunction, finding no probability of success on the merits for the plaintiff's claims regarding contract award procedures and wage compliance.
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38 Fla. Supp. 115·
Fla. Cir. Ct.·
1972-11-10
The court held that the town could not refuse building permits based on a pending ordinance or a questionable emergency moratorium, and ordered the town to review the original plans and issue permits.
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467 F.2d 250·
10th Cir.·
1972-10-03
The court held that the appellant was not entitled to pre-induction judicial review of his Selective Service Board's actions because he did not fall within the narrow exceptions to the prohibition against such review.
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The Court of Appeals dismissed the appeal because the District Court's order was not a refusal of an injunction, and thus not an appealable interlocutory order.
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The court held that the plaintiffs' claims presented an abstract question rather than an actual controversy, and that the Illinois Forcible Entry and Detainer Act provided adequate procedural due process, thus affirming the dismissal.
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266 So. 2d 397·
Fla. 3d DCA·
1972-09-19
In this interlocutory appeal, the court affirmed an order denying defendants' motion to dismiss a second amended complaint that included allegations supporting a claim for punitive damages in an equity case. The court did not rule on the merits of the punitive damages claim itsel
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Executive Uniform Rental and Laundromation Corp. appealed a temporary injunction issued without notice by a trial court. The Third District Court of Appeal affirmed the injunction, holding that while prior notice would have been better practice, the chancellor did not abuse his d
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The court pretermitted a decision on the temporary injunction as it was moot and remanded the case for disposition of the declaratory judgment issue.
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264 So. 2d 62·
Fla. 3d DCA·
1972-06-16
Owners of residential property challenged a municipal rezoning ordinance that changed neighboring land from University Use to Hospital Use to permit expansion of Doctors' Hospital. The court affirmed the validity of the rezoning, finding it was a lawful exercise of municipal auth
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37 Fla. Supp. 134·
Leon Cty. Cir. Ct.·
1972-06-08
A Leon County Circuit Court declared unconstitutional a Florida statute requiring candidates for county judge to swear they were registered voters in the preceding general election, finding it imposed an additional qualification beyond those prescribed by the state constitution.
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37 Fla. Supp. 42·
Escambia Cty. Cir. Ct.·
1972-05-30
Leaseholders of Santa Rosa Island property challenged a 1971 Florida statute that imposed ad valorem taxes on leasehold interests previously exempt under earlier legislation. The court held that the leases executed before the statute's enactment were exempt from taxation based on
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The Army is not required to grant a medical examination or provide detailed reasons for retaining a reservist when the submitted documentation shows no substantial change in condition since prior examinations.
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260 So. 2d 274·
Fla. 4th DCA·
1972-04-07
The State of Florida, through its Commissioner of Agriculture and a County Solicitor, appealed a trial court's denial of a temporary injunction against Glenn W. Turner and his enterprises, alleging they operated a pyramid scheme in violation of Florida's anti-chain letter statute
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457 F.2d 550·
6th Cir.·
1972-03-17
The court held that the plaintiff was not entitled to a three-judge court or a hearing regarding the reduction of her nurse's allotment, as the reduction was justified and other aid was available.
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456 F.2d 1062·
6th Cir.·
1972-03-15
The court held that the complaint alleged substantial federal constitutional violations, requiring a three-judge court.
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457 F.2d 1011·
6th Cir.·
1972-03-01
The court held that the trial court may not have fully considered the statutory prohibition against suits to restrain the collection of taxes.
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455 F.2d 213·
5th Cir.·
1972-02-09
The court held that if the employer stipulated to being engaged in construction, the judgment should be affirmed, but the restitution amount requires further factual determination.
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257 So. 2d 613·
Fla. 3d DCA·
1972-02-08
The court affirmed the trial court's denial of an injunction against Crippen Oldsmobile's used car sales operation on a nonconforming property strip, holding that the city's zoning was arbitrary and confiscatory and properly rezoned to permit business use.
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455 F.2d 459·
6th Cir.·
1972-02-04
The federal court correctly dismissed the complaint because the plaintiff was attempting to relitigate issues already decided in state courts and should have pursued state appellate remedies.
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The court held that denial of preliminary injunction was not an abuse of discretion because the private treatment centers had not obtained all requisite licenses for methadone maintenance treatment reimbursement.
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The court held that the findings of professional incompetence were not clearly erroneous and that the plaintiff failed to prove racial motivation or violation of rights.
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The court held that the 1971 amendments to the Selective Service Act did not reenact the 90-day induction moratorium provision of section 20 of the 1948 Act.
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The appeal is dismissed as moot because the underlying issue, the removal of a detainer, has been resolved.
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457 F.2d 148·
7th Cir.·
1971-11-22
The court held that the plaintiff's failure to reinstate his case within the judicially imposed 90-day deadline terminated his right to reinstatement, and the subsequent dismissal for want of prosecution was proper.
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450 F.2d 881·
5th Cir.·
1971-11-17
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449 F.2d 753·
2d Cir.·
1971-10-14
The court held that the plaintiff's claim of a "blatantly lawless" action by the Selective Service Board was not persuasive, and thus pre-induction judicial review was barred.
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36 Fla. Supp. 175·
Broward Cty. Cir. Ct.·
1971-10-08
Plaintiffs sought injunction against Broward County School Board for alleged violations of Florida's Sunshine Law (§286.011) by conducting closed-door meetings and using secret coded symbols during superintendent selection. The court found the initial selection process violated t
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Federal courts should not interfere with state criminal prosecutions absent extraordinary circumstances, even if films were seized without a prior adversary hearing.
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254 So. 2d 397·
Fla. 2d DCA·
1971-09-15
John Curtiss, as ancillary administrator of Joseph Dennis Collins' estate in Hillsborough County, Florida, sought prohibition to prevent the Santa Rosa County Judge from ordering him to surrender assets to a rival domiciliary administrator. The court denied prohibition, holding t
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36 Fla. Supp. 48·
Dade Cty. Cir. Ct.·
1971-09-03
A Dade County circuit court found that motion pictures exhibited by United Theaters of Florida constituted hard-core pornography in violation of Florida's obscenity law and issued a permanent injunction prohibiting exhibition of the films and any similar material depicting sexual
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252 So. 2d 870·
Fla. 3d DCA·
1971-08-31
Homeowners challenged a city council's adoption of a "grandfather" zoning clause that would validate expired building permits and variances. The trial court dismissed for failure to state a cause of action, but the appellate court reversed, holding that where a person alleges the
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36 Fla. Supp. 38·
Dade Cty. Cir. Ct.·
1971-07-14
Parents challenged the constitutionality of Florida's corporal punishment statute and school board policy allowing paddling, arguing it violated due process and constituted cruel and unusual punishment. The circuit court upheld the statute and policy as valid and constitutional,
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35 Fla. Supp. 192·
Duval Cty. Cir. Ct.·
1971-06-24
Orkin Exterminating Company sought a permanent injunction against Eugene McKendree to enforce a non-compete agreement. The trial court granted the injunction, holding that McKendree's work as a serviceman and officer for a competing pest control company violated the valid non-com
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The court affirmed that state education officials are proper parties but vacated provisions of a lower court order that stayed certain actions, remanding for further proceedings.
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249 So. 2d 729·
Fla. 1st DCA·
1971-06-08
Ocala Manufacturing challenged the Canal Authority's attempt to acquire land for the Cross Florida Barge Canal after losing a state court condemnation action. The court reversed the dismissal of Ocala's complaint with prejudice, holding that the trial court erred in refusing to a
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35 Fla. Supp. 161·
Lake Cty. Cir. Ct.·
1971-05-19
Plaintiffs sought to enjoin defendants from building a residence on the west 80 feet of Lot 57 in Beach Grove Subdivision, claiming it violated restrictive covenant No. 4, which prohibited residential structures on fractional portions of lots regardless of square footage or width
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The court held that the district court must first determine its own jurisdiction before dismissing the case, especially when disputed facts are involved.
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The appeal from the denial of injunctive relief is moot because the appellant has since been convicted of the robbery charge.
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247 So. 2d 337·
Fla. 3d DCA·
1971-05-04
Florence Upshaw appealed a summary judgment dismissing her action to enjoin demolition of her home by Dade County. The court reversed, holding that a genuine factual dispute existed regarding whether constructive service of process was proper under the applicable statute, which r
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The Court of Appeals vacated the single-judge district court's decision and remanded with instructions to dismiss the complaint, finding federal intervention inappropriate while state prosecution is pending.
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Lake County sought to condemn a 170-foot strip of land along the Dora Canal for park purposes, but the court limited the taking to 120 feet, balancing the county's preservation goals against the private owner's development rights. The case establishes that public necessity—not me
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35 Fla. Supp. 145·
Duval Cty. Cir. Ct.·
1971-04-09
Technical Sales challenged the City of Jacksonville's award of a water system equipment contract to Badger Meter Manufacturing Co., alleging that Badger's bid contained material variances from specifications that should have been rejected rather than accepted as alternates. The c
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The Supreme Court reviewed a decision of the District Court of Appeal concerning the recovery of life insurance policy proceeds in U.S. dollars for policies sold in Cuba, asserting jurisdiction due to conflict with a prior ruling.
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244 So. 2d 453·
Fla. 2d DCA·
1971-01-22
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The court held that the district court correctly denied the plaintiff's motion for a preliminary injunction, and judicial review of the denial of permanent residence status should await the conclusion of deportation proceedings.
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436 F.2d 955·
5th Cir.·
1971-01-15
The court held that the plaintiffs' evidence was insufficient to warrant a decision on grave constitutional questions regarding police photographing demonstrations.
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35 Fla. Supp. 20·
Broward Cty. Cir. Ct.·
1971-01-04
Kofoed Public Relations Associates sought to enforce a non-compete agreement against former employee Stimson, but the trial court held the agreement void under Florida Statute §542.12 because it lacked a reasonably limited geographic area. The court granted summary judgment for t
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242 So. 2d 177·
Fla. 3d DCA·
1970-12-22
Taxi companies that obtained a temporary injunction against Bal Harbour Village regarding taxicab permits appealed a judgment holding them liable on the injunction bond after the trial court dismissed their case on the merits. The court affirmed, holding that a plaintiff who fail