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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A Cuban insurance policyholder sued a Canadian insurance company doing business in Florida for mandatory injunction requiring payment of policy benefits in U.S. currency rather than Cuban pesos. The court dismissed the case on Act of State Doctrine grounds, holding that it lacks
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34 Fla. Supp. 195·
Dade Cty. Cir. Ct.·
1970-11-16
The court consolidated and dismissed class action suits brought by condominium purchasers against the developer and related entities, rejecting claims of fraud regarding management agreements, apartment sizes, amenities, and ownership of recreation facilities in the Burleigh Hous
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240 So. 2d 499·
Fla. 3d DCA·
1970-11-03
The court affirmed an injunction against the City of Miami's Coconut Grove incinerator, holding that evidence of future abatement plans was properly excluded because the facility had already been declared a nuisance.
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35 Fla. Supp. 1·
Marion Cty. Cir. Ct.·
1970-10-27
Golden Hills Turf and Country Club and neighboring property owners sued cattle feedlot operator H.S. Buchanan for nuisance, alleging that his 2,500-head feedlot operation created unbearable fecal odors and flies that interfered with their residential development, golf club, and s
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The court held that the trial court did not abuse its discretion in denying a preliminary injunction because there was substantial evidence to support its findings that no trade secrets were disclosed.
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34 Fla. Supp. 185·
Leon Cty. Cir. Ct.·
1970-10-22
Hartford Accident & Indemnity Co. challenged the constitutionality of Florida's 120-day moratorium on automobile insurance rate increases (Chapter 70-989), which froze rates at July 1, 1970 levels. The court granted a temporary injunction, finding the statute violated equal prote
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An employee who regularly performs duties that directly affect the safety of motor vehicle operations in interstate commerce is exempt from overtime provisions of the Fair Labor Standards Act, regardless of the proportion of time spent on such duties.
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A Florida corporation sought a temporary injunction to prevent its former employee and director from competing in its business. The trial court denied the injunction, finding the corporation failed to establish a basis for relief under Florida's non-compete statute or other groun
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34 Fla. Supp. 129·
Nassau Cty. Cir. Ct.·
1970-07-09
The court held that recorded easements run with the land and are binding on a subsequent purchaser with actual knowledge, even if they dispute the easement's validity.
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The court held that the district court did not abuse its discretion in denying an interlocutory injunction because the petitioner failed to show irreparable harm or purposeful discrimination.
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The court held that the district court's restriction on the time and duration of peaceful assembly activities, imposed without findings of fact or conclusions of law, could not be meaningfully reviewed and was therefore vacated.
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34 Fla. Supp. 50·
Lake Cty. Cir. Ct.·
1970-05-20
Property owner Reis challenged a special sewer assessment imposed by the City of Clermont on his grove property, claiming it exceeded the actual benefits his land would receive. The court found the $4,080 assessment was excessive and reduced it by 40%, holding that special assess
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The court held that the district court should reconsider the petition to intervene and determine if the school system is unitary, entering necessary orders if it is not.
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33 Fla. Supp. 116·
Escambia Cty. Cir. Ct.·
1970-04-09
The Escambia County Civil Service Board challenged two county ordinances that purported to repeal the legislatively-created civil service system and create a new one. The court held that only the legislature, not the county commission, has constitutional authority to create or ab
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The court held that the county's award of a lease to the plaintiff did not create an enforceable contract until the lease agreement was formally executed and a performance bond was tendered and accepted.
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The court held that the district judge did not abuse his discretion in denying the preliminary injunction because granting it would cause extreme injury to appellees and negligible injury to appellants, whose rights could be protected by a final decision.
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422 F.2d 1400·
1st Cir.·
1970-03-27
The court held that a prosecutor's private warning to cease showing a film, without more, does not constitute an unconstitutional prior restraint.
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237 So. 2d 8·
Fla. 1st DCA·
1970-03-17
Appellants, trustees of an estate containing low-income rental properties, challenged a housing code enforcement action by Jacksonville. The court reversed the trial court's judgment upholding the code, finding that the city's enforcement demands exceeded its statutory authority
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33 Fla. Supp. 187·
Pinellas Cty. Cir. Ct.·
1970-03-13
Glen Oaks Golf Club sought to enjoin the City of Clearwater from levying a special assessment for street paving and curbing, arguing the improvements provided no benefit to the golf course property. The court held that because an impassable creek created an absolute barrier preve
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Grizzard sued to establish the true boundary line of his property against a state road marker placed 50 feet from the road's center line, claiming the actual boundary was 30 feet from center. The court held that the public acquired only a 30-foot right-of-way by prescription, not
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The court held that there was sufficient competent evidence to support the jury's verdict and no error in the trial court's rulings.
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The court held that the district court lacked jurisdiction to issue an injunction because the conditions of Section 7(e) of the Norris-LaGuardia Act were not met, as there was no showing that public officers were unable or unwilling to furnish adequate protection.
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33 Fla. Supp. 5·
Pinellas Cty. Cir. Ct.·
1969-09-19
A Florida circuit court rejected a constitutional challenge to a school district's hair-length regulations, holding that public schools acting in loco parentis are not required to provide procedural due process in disciplinary matters. The court dismissed the complaint and quashe
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32 Fla. Supp. 177·
Leon Cty. Cir. Ct.·
1969-08-25
Grove View Estates sought to enjoin the Florida Comptroller from collecting additional documentary stamp taxes on a deed transferring real property to the corporation in exchange for its stock. The court held that no additional tax was due because the consideration for the convey
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415 F.2d 775·
9th Cir.·
1969-08-25
The court held that the prisoner's action was frivolous and properly dismissed, and that the denial of an injunction was within the sound discretion of the district judge.
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413 F.2d 345·
6th Cir.·
1969-07-31
The court held that the strike settlement agreement expired on June 30, 1960, based on the parties' intent derived from surrounding circumstances, despite the absence of an express termination date.
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224 So. 2d 337·
Fla. 2d DCA·
1969-06-25
Marine Attractions sought to operate a large-scale amusement park with rides on property zoned for recreational activities, claiming the expansion was permissible as a nonconforming use or an extension of its existing Aquatarium. The court affirmed the trial court's dissolution o
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The Court of Appeals dismissed the petition for review and application for interlocutory injunction, finding no merit in the contentions except those related to public safety, which were remanded for an evidentiary hearing.
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The court denied rehearing, finding no conflict with California precedent regarding conservatorship and capacity, and reaffirming its prior conclusion on undue influence.
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223 So. 2d 394·
Fla. 3d DCA·
1969-06-03
Metropolitan Dade County appealed a supplemental judgment that required the county to reduce a taxpayer's 1968 property tax assessment based on the fair market value established for 1967. The court reversed the supplemental judgment, holding that the trial court lost jurisdiction
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223 So. 2d 344·
Fla. 4th DCA·
1969-05-29
Brevard County appeals a trial court injunction preventing enforcement of single-family residential (RU-1) zoning on Woodham's three Merritt Island lots. The appellate court reverses, holding that the zoning classification bears a substantial relationship to public welfare by pre
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The court held that the interests of justice and judicial economy would be best served by remanding the case for an expedited final hearing and decision, vacating the district court's order denying a preliminary injunction and imposing conditions.
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409 F.2d 1309·
4th Cir.·
1969-04-29
The court held that the construction of a public highway, even without direct access to the granted parcel, did not terminate the easement, and use of the easement for an adjoining parcel was improper but not enjoined.
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412 F.2d 115·
10th Cir.·
1969-04-28
Federal courts should not grant injunctive relief against state regulatory actions when a plain, speedy, and efficient remedy is available in state courts, even if the state action affects interstate commerce.
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32 Fla. Supp. 67·
Dade Cty. Cir. Ct.·
1969-04-24
Dr. Samartino challenged the Dade County Medical Association's prohibition on specialty headings in telephone directories as violating his contractual and constitutional rights. The court granted a permanent injunction allowing the plaintiff to list specialty headings in the clas
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409 F.2d 14·
5th Cir.·
1969-03-14
The court held that the defendant's use of the trademark 'Montecrispi' was likely to cause confusion and thus infringed upon the plaintiffs' registered trademark 'MONTE CRISTO'.
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408 F.2d 656·
9th Cir.·
1969-02-25
The court held that the district court properly abstained from hearing the case, affirming the summary judgment.
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The court held that the trial court correctly granted summary judgment because the contract contained independent covenants, and a default in payment terminated the agreement.
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217 So. 2d 144·
Fla. 3d DCA·
1968-12-24
The Dade County Port Authority obtained a permanent injunction against Olin's Miami Rent-A-Car, Inc., prohibiting it from paging customers over the airport's public address system and displaying its name at Miami International Airport. The appellate court affirmed, finding that t
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216 So. 2d 785·
Fla. 1st DCA·
1968-12-10
Homeowners challenged zoning ordinances and restrictive covenants limiting their residential property to residential use after nearby commercialization and increased traffic made the area less suitable for residential purposes. The court affirmed the trial court's rejection of th
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The court held that the case presents substantial questions of fact and law requiring further development through oral examination, not just affidavits.
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31 Fla. Supp. 184·
Palm Beach Cty. Cir. Ct.·
1968-11-07
Homeowners sought injunctive relief to prevent construction of a gasoline service station on adjacent property, claiming the variance granted by the board of adjustment was invalid. The court dismissed the action, holding that even assuming the variance was improperly granted, pl
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215 So. 2d 51·
Fla. 3d DCA·
1968-10-29
A Florida appellate court reviewed a permanent injunction against a labor union's picketing and handbill distribution campaign targeting foreign-flagged cruise ships. The court affirmed most of the injunction but reversed the portion it found overly broad, and also reversed an or
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31 Fla. Supp. 82·
Duval Cty. Cir. Ct.·
1968-10-03
A telephone subscriber sought to enjoin Southern Bell from disconnecting his service after law enforcement notified the company that the phone had been used for bookmaking. The court dismissed the complaint, holding that a subscriber alleging mere lack of knowledge of illegal use
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215 So. 2d 56·
Fla. 1st DCA·
1968-10-01
Junior Food Stores of West Florida appealed a judgment awarding ownership of the trademark "Jr. Food Store" to Jr. Food Stores, Inc. and enjoining Junior Food Stores from using the mark. The court affirmed, finding no reversible error where the junior user's confusingly similar m
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A Florida appellate court reversed a temporary injunction against peaceful picketing by a labor union at a construction site, holding that the National Labor Relations Board has exclusive federal jurisdiction over the labor dispute and that state courts cannot enjoin peaceful pic
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The circuit court held that Florida's brucellosis eradication program, which required cattle owners to submit their animals for testing and mandatory slaughter of reactors without prior judicial hearing, violated constitutional due process rights when applied outside of epidemic
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31 Fla. Supp. 151·
Duval Cty. Cir. Ct.·
1968-08-23
Plaintiffs challenging the Jacksonville-Duval County consolidation charter argued that the constitutional amendment authorizing it had been impliedly repealed by a later amendment to article VIII, §5, and that the charter itself violated various constitutional provisions. The cir
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31 Fla. Supp. 54·
Hillsborough Cty. Cir. Ct.·
1968-08-13
Florida Discount Centers, Inc. operated a pyramid sales scheme involving sewing machines and kitchen sets marketed as a profit-sharing enterprise. The court ruled that the scheme constituted both an illegal lottery under Florida Statutes § 849.091 and unregistered securities unde
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31 Fla. Supp. 94·
Leon Cty. Cir. Ct.·
1968-08-05
The court held that the Florida Industrial Commission was illegally constituted because Chairman Thomas W. Johnston, who had a 21-year career with insurance companies handling workers' compensation claims, should have been classified as an employer representative under the statut