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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27 Fla. Supp. 141·
Dade Cty. Cir. Ct.·
1966-09-13
A physician operating a medical clinic under the name "North Dade Medical Center" sought to enjoin a hospital from using the name "North Dade General Hospital," alleging trademark infringement and unfair competition. The court dismissed the complaint, finding insufficient evidenc
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27 Fla. Supp. 34·
Duval Cty. Cir. Ct.·
1966-08-02
This 1966 Florida circuit court case involves an in rem proceeding by the State Attorney seeking to enjoin and destroy allegedly obscene books seized by the Sheriff without judicial process. The court ruled that the seizure was unconstitutional and that neither injunctive relief,
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187 So. 2d 335·
Fla.·
1966-06-01
The Florida Supreme Court held that the Public Service Commission lacked authority to modify its approval of a territorial service agreement between two gas utilities more than four years after the initial approval, where the sole ground for modification was that the earlier orde
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185 So. 2d 720·
Fla. 3d DCA·
1966-04-26
The City of Miami Beach appealed a declaratory judgment striking down its ordinance regulating liquidation and distress goods sales. The court held that while the city has valid police power to regulate such sales, the ordinance was invalid to the extent it granted the city clerk
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26 Fla. Supp. 82·
Dade Cty. Cir. Ct.·
1966-03-28
Dade County sought to enforce local ambulance regulations against Philbrick Ambulance Service, which operated under a state Public Service Commission permit. The circuit court upheld the constitutionality of state legislation authorizing Dade County to regulate ambulances exclusi
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The court held that the district court did not err in refusing to exercise equity jurisdiction to compel withdrawal of BRC's application, as the National Mediation Board had already interpreted the agreement at issue.
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183 So. 2d 280·
Fla. 3d DCA·
1966-02-22
The court held that an injunction cannot be used to restrain a court in the exercise of its jurisdiction, and the complaint against the Department of Public Safety was properly dismissed based on established law.
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The court held that the definition of 'employee' in the Nonappropriated Fund Instrumentalities Act is exclusive and does not exclude members of a vessel's crew, thus affirming the deputy commissioner's jurisdiction.
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357 F.2d 43·
5th Cir.·
1966-02-15
Construction of a replacement bridge at essentially the same location, approved by the Army Corps of Engineers under existing congressional authorization, does not violate the Rivers and Harbors Act of 1899.
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182 So. 2d 268·
Fla. 4th DCA·
1966-01-24
Alice Mullinix appeals the trial court's denial of an injunction against her estranged husband's suit in New York regarding disputed securities held in a custodian account. The appellate court affirmed the denial, holding that the extraordinary remedy of injunction was not warran
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The court held that while the receivership would not be terminated immediately, it must be dissolved if the action is not brought to trial within four months.
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26 Fla. Supp. 43·
Dade Cty. Cir. Ct.·
1965-09-30
Plaintiffs challenged the City of Miami's R-5A zoning classification of their bayfront property as arbitrary, unreasonable, and unconstitutional. The court held the zoning restriction void and violative of property rights, finding it had no substantial relationship to public heal
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25 Fla. Supp. 185·
Indian River Cty. Cir. Ct.·
1965-08-23
The City of Vero Beach sought to enjoin Indian River County from taxing municipal airport property conveyed by the federal government. The circuit court held that the airport property is exempt from taxation under Florida law, except for portions leased to third parties after Jun
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A securities brokerage firm (Hill, Darlington & Grimm) was held in civil contempt for violating a temporary injunction that froze a marital asset account during divorce proceedings. The court affirmed the contempt finding despite the firm's arguments that it was not a party to th
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25 Fla. Supp. 147·
Dade Cty. Cir. Ct.·
1965-07-23
A circuit court interpreted Dade County's contractor licensing ordinance to determine whether a plumbing and mechanical contractor could serve as prime contractor on a public works project involving multiple building trades. The court held that only general building or engineerin
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The court held that the district court did not abuse its discretion in denying the defendant's motion for a temporary injunction.
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347 F.2d 230·
2d Cir.·
1965-06-22
The court held that the dismissal of the complaint and denial of a temporary injunction were proper, allowing the arbitration to proceed.
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347 F.2d 350·
9th Cir.·
1965-06-21
The court held that a carrier is not entitled to a hearing on craft or class determination by the National Mediation Board, nor is the form of ballot subject to challenge. The government is entitled to an injunction requiring access to carrier records.
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The statutory procedure for civilly committing individuals nearing the end of their penal sentences to a Department of Correction institution, without the jury review and judicial determination of dangerousness afforded to others, violates the Equal Protection Clause of the Fourt
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173 So. 2d 469·
Fla. 1st DCA·
1965-04-01
Herald Publishing Company, a television broadcaster, appealed the dismissal of its complaint against Florida Antennavision, a cable television company that retransmitted broadcast signals without compensation. The court affirmed the dismissal, holding that absent copyright protec
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345 F.2d 81·
D.C. Cir.·
1965-03-25
The court held that the trial court's findings of easements by prescription were supported by evidence and not infirm.
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25 Fla. Supp. 171·
Pinellas Cty. Cir. Ct.·
1965-03-23
Florida property owners who are Canadian residents challenged state intangible personal property tax assessments and enforcement actions. The court held that the plaintiffs were bona fide Canadian residents, not Florida residents, and therefore their intangible property was not s
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341 F.2d 300·
5th Cir.·
1965-02-18
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340 F.2d 315·
7th Cir.·
1965-01-13
The court held that a bankrupt cannot collaterally attack a state court judgment in federal bankruptcy court after failing to raise a discharge defense in state court.
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169 So. 2d 873·
Fla. 3d DCA·
1964-12-22
The court reversed an order denying a motion to dismiss an equity complaint, holding that issues regarding the validity and effect of a settlement and release were properly triable in the original law action, not in a separate equity suit.
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174 So. 2d 557·
Fla. 2d DCA·
1964-12-16
The County of Sarasota appealed a summary judgment in favor of landowners Waters and Perreault who sought to exclude the public from a 20-foot easement running through their property. The court reversed, finding that conflicting affidavits regarding whether the public used the ro
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24 Fla. Supp. 10·
Duval Cty. Cir. Ct.·
1964-12-15
The court held that maintaining in excess of twenty dogs on property zoned Business A-l constitutes a 'kennel' under Duval County zoning regulations, regardless of commercial purpose.
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The court affirmed the trial court's temporary injunction because the record lacked sufficient evidence to demonstrate error.
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338 F.2d 985·
4th Cir.·
1964-11-20
The court held that the district judge did not err in refusing to vacate the prior order because the movants were not parties at the time and their subsequent claims raised complex issues pending elsewhere.
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The District Court's order to release funds to secure a state court injunction bond was a proper exercise of discretion, but requires remand for clarification of the bond's terms.
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23 Fla. Supp. 43·
Duval Cty. Cir. Ct.·
1964-07-06
A county elector and taxpayer sought to enjoin the supervisor of registration from conducting a "straw ballot" on racial integration of privately owned restaurants, hotels, and motels authorized by the county commission. The court held that the elector had standing to sue and tha
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333 F.2d 685·
9th Cir.·
1964-06-25
The Submerged Lands Act confirmed states' prior arrangements regarding submerged lands, including trusts and revenue distribution, and did not invalidate subsequent state legislation modifying those trusts.
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23 Fla. Supp. 179·
Leon Cty. Cir. Ct.·
1964-06-23
Three Florida businesses challenged the constitutionality of a tax on fishing, hunting, camping, swimming, and diving equipment under chapter 63-527, Laws of Florida. The court upheld the statute as constitutional and applied its definitional principles to determine whether speci
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The court held that federal courts are prohibited by 28 U.S.C. § 2283 from enjoining state court proceedings in this case. Federal courts must trust state courts to protect federal rights.
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165 So. 2d 828·
Fla. 3d DCA·
1964-06-02
The court affirmed both the final decree for defendants and the order denying the petition to set aside the decree.
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The court held that the interlocutory order refusing a preliminary injunction should be affirmed, and the case remanded for a prompt hearing on the merits.
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163 So. 2d 532·
Fla. 1st DCA·
1964-04-30
Defendants appealed a permanent injunction prohibiting them from operating a memorial gardens cemetery on rural property near St. Augustine. The appellate court reversed, finding the area was not predominantly residential as required by Jones v. Trawick and thus the cemetery did
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The court held that the complaint stated a cause of action against Pan American Window Corp. and that the trial court did not err in requiring Pan American to account for royalties.
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331 F.2d 52·
7th Cir.·
1964-04-24
The court held that the district court properly dismissed the complaint for injunctive relief because it failed to state a claim upon which relief could be granted and the court lacked jurisdiction.
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163 So. 2d 292·
Fla.·
1964-04-24
Alabama milk producers challenged Florida's milk marketing regulations as violating the Commerce Clause and Fourteenth Amendment by creating trade barriers against out-of-state milk. The Florida Supreme Court vacated the trial court's judgment upholding the regulations and remand
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329 F.2d 77·
2d Cir.·
1964-03-19
The court held that the divestiture plan was a reasonable exercise of business judgment and not a liquidation, thus not breaching fiduciary duties to preferred stockholders.
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22 Fla. Supp. 174·
Dade Cty. Cir. Ct.·
1964-03-19
Peninsular Life Insurance Co. sought reformation of a life insurance policy issued for $2,500 due to clerical error when the insured applied for and paid for only $250 coverage. The court granted summary decree reforming the policy to the correct $250 face amount and enjoined the
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The court held that the Ohio Probate Court had jurisdiction to admit the will of a non-resident decedent to probate if the intangible property (contract) had a business situs in Ohio, and that the district court erred in dismissing the case solely on the grounds of lack of Kentuc
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160 So. 2d 724·
Fla. 3d DCA·
1964-02-11
The Miami-Dade County Board of Commissioners appealed from an injunction preventing them from excluding Bonded Garages from operating a valet parking business at Miami Seaport after terminating its contract in favor of a successful competitive bidder. The court held that a county
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23 Fla. Supp. 54·
Duval Cty. Cir. Ct.·
1963-12-18
In this dispute over a water and sewer system serving a residential subdivision, the court found that Kajax Realty Company breached its maintenance obligations under a 1959 agreement with Rodgers but refused to enforce Rodgers' claimed right to forfeit the system, holding that fo
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22 Fla. Supp. 55·
Leon Cty. Cir. Ct.·
1963-12-05
In this 1963 case, a Florida circuit court granted a permanent injunction against civil rights protesters demonstrating at segregated movie theaters in Tallahassee. The court balanced the theaters' property rights and freedom from interference against the protesters' constitution
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157 So. 2d 562·
Fla. 2d DCA·
1963-10-23
The appellate court affirmed a temporary restraining order against a sugar refinery, finding that the lower court did not err in issuing the order based on the complaint and evidence presented.
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22 Fla. Supp. 62·
Dade Cty. Cir. Ct.·
1963-10-04
The court held that the proposed charter amendment is invalid and unconstitutional because it conflicts with state law regarding property reassessment and uniform taxation.
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23 Fla. Supp. 113·
Hillsborough Cty. Cir. Ct.·
1963-09-17
Grand Union Company and other retailers challenged Tampa Ordinance 3203-A, which prohibited Sunday sales of certain enumerated merchandise categories. The circuit court struck down the ordinance as arbitrary, vague, and an unreasonable exercise of police power that violated Flori