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 denying a preliminary injunction to restrain foreclosure, as the parties' course of conduct indicated a waiver of strict compliance with payment terms.
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213 So. 2d 40·
Fla. 3d DCA·
1968-07-30
Burke, a real property tax consultant without a real estate broker license, challenged a Metro Dade County ordinance requiring tax consultants to be registered real estate brokers. The trial court upheld the ordinance as valid, and the appellate court affirmed, finding the regula
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The Florida District Court of Appeal, Third District, deferred ruling on an interlocutory appeal concerning the reinstatement of a bond. The court found that the issue raised in the interlocutory appeal was also part of a pending appeal from the final judgment, and therefore, it
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The court held that the district court erred in quashing a foreign attachment without notice to the parties and an opportunity to be heard, and that a second order based on the first was also invalid.
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30 Fla. Supp. 169·
Duval Cty. Cir. Ct.·
1968-07-02
The court held that presidential candidate George C. Wallace has an inherent right to control his campaign and enjoin unauthorized support efforts by others. The court found that Warren H. Folks violated a preliminary injunction by conducting fund-raising activities and maintaini
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396 F.2d 752·
3d Cir.·
1968-06-21
The court held that the ordinance on its face does not violate federal power or legislation, and the plaintiff failed to show sufficient harm to warrant an injunction.
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30 Fla. Supp. 163·
Duval Cty. Cir. Ct.·
1968-06-20
The court denied a petition for an alternative writ against Southern Bell Telephone & Telegraph Co. regarding telephone directory listings, finding the original claim moot and rejecting an attempted amendment as outside the scope of the original pleadings.
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30 Fla. Supp. 142·
Escambia Cty. Cir. Ct.·
1968-06-13
First Brent Baptist Church, Inc. sought to enjoin its pastor from preaching and remove him from office based on a majority vote of the board of deacons. The court dismissed the suit, holding that while the incorporated church entity may manage temporal affairs through its board o
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In this 1968 Florida circuit court case, the plaintiff Wallace obtained a temporary injunction prohibiting defendants Folks and Holloway from representing themselves as official representatives of George C. Wallace's presidential campaign or engaging in any campaign activities on
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397 F.2d 714·
D.C. Cir.·
1968-06-11
The court held that the District Court should afford the appellant an opportunity to demonstrate that her injuries meet the jurisdictional amount, rather than dismissing the case outright.
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Steed, a lessee in a cooperative apartment building, sued to enjoin other lessees from constructing enclosures at the ends of a common walkway on the east side of the building, alleging the enclosures violated his lease's provisions regarding quiet enjoyment and non-obstruction o
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211 So. 2d 50·
Fla. 3d DCA·
1968-05-21
Superior Uniforms sought to enforce a non-compete covenant against Brown, but the trial court conditioned the injunction on Superior paying Brown the balance of the purchase price for his former business. The appellate court affirmed, holding that the equitable principle "he who
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394 F.2d 3·
5th Cir.·
1968-04-22
The court held that the Alabama Mayor-Council Act of 1955, requiring voters to vote for all candidates or have their ballot nullified, does not abridge privileges guaranteed by the Fourteenth Amendment.
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In this equitable action, the court dismissed a plaintiff's petition for injunction challenging a defendant's election to municipal office on residency grounds, holding that quo warranto proceedings—not equity—provide the exclusive remedy for determining qualification to hold pub
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In this appeal from contempt adjudications and permanent injunction orders, the court affirmed findings against John W. Hunter for invading the privacy of the appellees through investigations but reversed the contempt findings against Grace Hunter and John W. Hunter Associates, I
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30 Fla. Supp. 17·
Indian River Cty. Cir. Ct.·
1968-03-29
The State Road Department sought to acquire fee simple title to a parcel of land containing an active railroad right-of-way belonging to South Puerto Rico Sugar Company for construction of Interstate Highway 1-95. The court held that while the state could condemn the property for
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30 Fla. Supp. 28·
Escambia Cty. Cir. Ct.·
1968-03-13
Principals and supervisors of Escambia County schools sought equitable relief to void a board resolution terminating their employment contracts after they participated in a mass strike/walkout. The trial court dismissed the suit, holding that the plaintiffs lacked clean hands, fa
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The court held that the exoneration of injunction bonds operates prospectively and does not extinguish liability for damages sustained due to the injunction if the plaintiff was not entitled to it. The trial court's findings on liability and damages were supported by competent ev
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206 So. 2d 16·
Fla. 3d DCA·
1968-01-16
On a judicial sale of a business, no restriction as to solicitation of former customers arises by operation of law. A judicial sale does not prevent the former owner from soliciting customers of the old establishment.
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205 So. 2d 704·
Fla. 2d DCA·
1968-01-05
The City of Pinellas Park appeals a final judgment enjoining it from expanding its water and sewer systems into territory where Cross-State Utilities Company operates under a franchise agreement. The appellate court affirms the injunction, holding that even if Pinellas County lac
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389 F.2d 40·
3d Cir.·
1968-01-02
The court held that the district court did not abuse its discretion in abstaining from deciding the merits of the suit, and the claims for injunction and damages are now moot or should be handled by the state court.
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388 F.2d 297·
4th Cir.·
1967-12-29
The court upheld the district court's stay of a state court suit, finding it was within the bankruptcy court's discretion.
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205 So. 2d 11·
Fla. 2d DCA·
1967-12-13
Dr. Joseph Rush, a radiologist on staff at a municipal hospital, sued to void a contract between the City of St. Petersburg and Dr. Robert Price to provide radiological services, claiming it constituted illegal corporate practice of medicine. The Florida appellate court affirmed
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204 So. 2d 907·
Fla. 1st DCA·
1967-11-30
Operating an overweight vehicle in violation of permit restrictions subjects the operator to statutory penalties, including civil penalties.
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204 So. 2d 242·
Fla. 1st DCA·
1967-11-14
Seaboard Air Line Railroad challenged a city ordinance requiring safety measures at two railroad-highway grade crossings, arguing it was arbitrary and an unreasonable burden on interstate commerce. The trial court found one crossing uniquely dangerous due to visibility and other
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384 F.2d 873·
4th Cir.·
1967-10-04
The court held that the plaintiff's complaint was properly dismissed as against all defendants on multiple grounds, including res judicata, sovereign immunity, and failure to state a claim.
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The Board of Public Instruction sought judicial enforcement of a Public Service Commission order requiring First Florida Utilities to provide water and sewer connections to a new school without charging a disputed $6,427.50 fee. The court held the utility company in contempt for
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The court held that the trial court erred in dismissing the subcontractor's claim for damages, as a factual issue regarding the contractor's improper termination of the contract warranted a trial on the merits.
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29 Fla. Supp. 9·
Dade Cty. Cir. Ct.·
1967-08-25
The city of Miami lacks the authority to investigate the Dade County tax assessor's office or subpoena county officials, as tax assessment is a county function.
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28 Fla. Supp. 197·
Dade Cty. Cir. Ct.·
1967-06-27
Burke challenged the constitutionality of a Dade County ordinance regulating real property tax consultants, arguing the ordinance was too restrictive and created invidious discrimination by limiting who could represent taxpayers before tax assessment bodies. The circuit court uph
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28 Fla. Supp. 184·
Dade Cty. Cir. Ct.·
1967-06-22
The court held that the medical association's ruling prohibiting specialty headings in telephone directories, without proper due process, violated constitutional rights and granted injunctive relief.
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The court held that the district court did not abuse its discretion in denying a preliminary injunction because its findings that the school was safe and suitable for occupancy were supported by substantial evidence.
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This case involves an interlocutory appeal from a temporary injunction granted against the appellants for alleged unfair competition and breach of a confidential relationship. The appellate court affirmed the injunction, finding sufficient grounds for its issuance by the trial co
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The federal court should not exercise jurisdiction to enjoin a state court criminal prosecution when the plaintiff has an adequate remedy under state law and no substantial federal question is presented.
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28 Fla. Supp. 102·
Duval Cty. Cir. Ct.·
1967-04-17
A Florida school board sued the NAACP and four individuals for organizing student boycotts to protest slow school desegregation, seeking an injunction and damages. The trial court dismissed the complaint, holding that Florida's compulsory school attendance law was unconstitutiona
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197 So. 2d 35·
Fla. 1st DCA·
1967-03-23
Defendant Kelly appealed a circuit court injunction preventing her from trespassing on and encroaching upon neighboring property owned by Valparaiso Realty Company. The court affirmed the injunction, holding that the defendant could not invoke equitable laches as a defense becaus
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28 Fla. Supp. 178·
Dade Cty. Cir. Ct.·
1967-03-23
In this 1967 custody modification case, the Dade County Circuit Court modified a final divorce decree to award exclusive custody of two minor children to the father, finding that the mother's mental health condition (diagnosed as depressive reaction or manic-depressive psychosis)
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374 F.2d 28·
3d Cir.·
1967-03-08
The court held that even if a federal court has the power to enjoin state court proceedings for malicious abuse of process, it should not exercise that power when the claim for abuse of process is separate from the original action and a jury trial has been requested.
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29 Fla. Supp. 122·
Dade Cty. Cir. Ct.·
1967-03-06
A linen service company sought injunctive relief against a former employee for violating a non-compete and non-solicitation clause in his employment contract. The court granted a modified injunction limiting the geographic scope and duration based on the employee's actual job res
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373 F.2d 283·
6th Cir.·
1967-02-28
The State appealed a decision reversing a conviction and granting a new trial, which was based on the District Court's holding that the trial court denied the appellee his right to waive counsel and conduct his own defense.
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The Florida Supreme Court affirmed the denial of a motion for summary judgment in a nuisance abatement action involving nonresident defendants and real property located in Florida. The defendants challenged the exercise of in personam jurisdiction through constructive service of
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28 Fla. Supp. 59·
Leon Cty. Cir. Ct.·
1967-02-09
Diana Stores Corporation sought a declaratory judgment regarding its right to use the name "Miller's Discount Store" for a new retail location in Tallahassee, Florida. The court balanced the interests of Diana Stores, which operated a chain of discount department stores under the
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370 F.2d 326·
5th Cir.·
1967-01-04
The court held that the pre-trial stipulation did not concede coverage under the Fair Labor Standards Act because it did not establish that the defendants knew or should have known their goods were shipped in interstate commerce.
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192 So. 2d 534·
Fla. 2d DCA·
1966-12-07
General Telephone Company sued Bradenton for declaratory relief and injunction after the city removed cable marker signs installed by the company along public streets to indicate buried telephone line locations. The appellate court reversed the trial court's decision that upheld
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27 Fla. Supp. 189·
Dade Cty. Cir. Ct.·
1966-12-06
Capeletti Brothers challenged an administrative order by the Dade County Port Authority director prohibiting through truck traffic on South Perimeter Road at Miami International Airport. The circuit court invalidated the order as an unconstitutional delegation of legislative auth
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192 So. 2d 70·
Fla. 3d DCA·
1966-11-22
Poole & Kent Company appeals a permanent injunction preventing it from being awarded a public works contract for Miami-Dade Junior College site development, despite being the low bidder. The court affirmed the injunction, holding that under Dade County Code Chapter 10, a contract
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368 F.2d 997·
4th Cir.·
1966-11-21
The court deferred ruling on the appeals concerning foreclosure injunction pending the outcome of a related antitrust action.
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The court held that the plaintiff failed to show irreparable injury or clear violations of law justifying a preliminary injunction to halt a shareholder vote.
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27 Fla. Supp. 174·
Dade Cty. Cir. Ct.·
1966-11-07
The court refused to enforce a New York arbitration award and judgment against a Florida corporation, holding that a New York court lacked jurisdiction to order the liquidation of a Florida corporation and that full faith and credit does not apply to such an extraterritorial diss
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191 So. 2d 61·
Fla. 1st DCA·
1966-10-11
An insurance company sought a declaratory judgment to avoid liability under an uninsured motorist provision due to delayed notice of an accident. The appellate court reversed, holding that the case involved a factual question about notice sufficiency rather than policy constructi