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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22 Fla. Supp. 120·
Leon Cty. Cir. Ct.·
1963-08-30
Biscayne Kennel Club challenged the constitutionality of Florida's harness racing statute, arguing it violated the single-subject rule, equal protection, and constitutional prohibitions against special legislation. The court upheld the statute, finding its title reasonably encomp
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The court denied the appellant's motions for summary reversal and injunction pendente lite, finding that Congress likely agreed with the Tariff Commission's decision not to create a separate classification for waterproof cloth.
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22 Fla. Supp. 1·
Duval Cty. Cir. Ct.·
1963-07-29
HESCOM, Inc. sought injunctive relief against Southern Bell Telephone & Telegraph Co. for allegedly omitting the plaintiff's telephone listing and advertising from the 1963 Jacksonville telephone directory. The court denied the injunction on the grounds that equity could not aid
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The court held that the appellant's parole revocation was valid because he refused opportunities for a hearing with counsel and witnesses, distinguishing his case from precedent where the parolee denied the violation.
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321 F.2d 640·
9th Cir.·
1963-07-22
Federal law governs the interpretation of federal land grants, and the railroad's right to timber from mineral lands was subject to removal within a reasonable time, which had elapsed.
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155 So. 2d 838·
Fla. 3d DCA·
1963-07-16
The court held that the complaint failed to state a cause of action against the defendant corporations, but affirmed the discovery order against the husband.
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320 F.2d 745·
D.C. Cir.·
1963-06-13
The court held that the injunction prohibiting the use of the name 'Biovidon' was improper because there was no evidence of trademark infringement or unfair competition, nor was it a necessary remedy for past violations of the original decree.
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153 So. 2d 713·
Fla.·
1963-05-22
Helen Hexter challenged a tax assessment on her beneficial interest in a trust, arguing her interest was contingent and therefore not taxable as intangible personal property. The Florida Supreme Court held that Hexter possessed a present vested beneficial interest subject only to
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153 So. 2d 353·
Fla. 2d DCA·
1963-05-17
Florida sought to enjoin operation of a drive-in restaurant, motel, and beer parlor as a public nuisance. The trial court denied the petition, but the appellate court reversed, holding that uncontradicted evidence of repeated disturbances, arrests, and community injury establishe
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153 So. 2d 37·
Fla. 3d DCA·
1963-05-14
Dade County challenged a permanent injunction preventing enforcement of an ordinance and resolution that gave the Board of County Commissioners exclusive power to determine which traffic violations require mandatory court appearances. The court held that such determination is a p
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The court held that the District Court had jurisdiction to amend the preliminary injunction and erred in concluding otherwise.
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150 So. 2d 243·
Fla. 3d DCA·
1963-03-05
The trial court's judgment denying the property owner's application for conditional use of residential-zoned property as a parking lot for an adjacent commercial business was affirmed without written opinion.
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21 Fla. Supp. 177·
Hillsborough Cty. Cir. Ct.·
1963-03-04
Taxpayers challenged the constitutionality of two 1961 Florida statutes creating a Board of Public Assistance for Hillsborough County and transferring certain properties to it. The circuit court upheld both statutes as constitutional, rejecting arguments that they violated state
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150 So. 2d 490·
Fla. 3d DCA·
1963-02-28
Dade County appeals an interlocutory order denying its motion to dismiss and enjoining a Board of County Commissioners hearing into allegations that a Metropolitan Court judge made discriminatory remarks. The appellate court affirmed, finding sufficient basis in the complaint and
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The court held that defendants must remove obstructions in the Coral Gables Canal and are permanently enjoined from interfering with its flow and the county's maintenance, as the canal is part of a vital public water control system.
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313 F.2d 635·
6th Cir.·
1963-02-14
The court held that the motion for summary judgment was properly sustained.
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The court held that the record clearly indicated the appellant's disability was incurred in the line of duty, and thus summary judgment should have been granted in his favor.
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The court held that a restrictive covenant prohibiting the sale of liquor on the property was enforceable against the current owner, despite the property's commercial use and the passage of time.
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The court dismissed the appeal with prejudice, finding Hammond's arguments for relief from judgment and appeal without merit due to his own delays and failure to present evidence.
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146 So. 2d 108·
Fla. 1st DCA·
1962-11-01
A taxpayer challenged a printing contract awarded to Robinson's for tax notices, alleging defective specifications that prevented competitive bidding. The court affirmed the contract was void due to vague specifications but allowed Robinson's to recover actual costs via quantum m
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The court held that the appellant was required to continue filing annual reports under Section 15(d) of the Securities Exchange Act of 1934, even after de-registering some stock, until the aggregate value of registered securities fell below $1,000,000.
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146 So. 2d 600·
Fla. 1st DCA·
1962-10-09
Santa Rosa County sued George Cobb to enjoin him from interfering with a public road, but served him in Escambia County where he resided. The court addressed whether the county was required to file an affidavit of good faith under Florida Statute § 46.01 as a prerequisite to suin
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308 F.2d 839·
7th Cir.·
1962-10-02
The court held that the injunction entered on remand was too broad and specified the exact terms for an injunction that would be permissible.
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306 F.2d 814·
D.C. Cir.·
1962-07-19
The court held that while generally union funds cannot be used to defend officers charged with serious wrongdoing, the specific circumstances of this protracted litigation, including a consent decree and significant delay in raising the issue, preclude requiring officers to accou
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A union appealed a temporary injunction granted against its picketing activities, arguing the trial court should have dismissed for lack of jurisdiction based on federal labor law preemption. The appellate court affirmed the injunction, finding the union failed to present evidenc
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20 Fla. Supp. 104·
Broward Cty. Cir. Ct.·
1962-07-11
The City of Fort Lauderdale sought an injunction against the NAACP and individuals organizing "wade-ins" at a public beach, claiming these protests constituted a public nuisance and clear and present danger to peaceful beach use. The court dismissed the complaint against the NAAC
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306 F.2d 130·
4th Cir.·
1962-06-01
The court held that the district court has the authority to enjoin the appellant from prosecuting state court actions that seek to relitigate issues already adjudicated in federal court, in order to protect and effectuate its judgment.
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141 So. 2d 636·
Fla. 2d DCA·
1962-05-23
This case concerns whether a non-compete clause in an employment contract could be enforced by a successor corporation when the original employer assigned the contract following a corporate restructuring. The court held that the non-compete covenant was assignable and enforceable
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141 So. 2d 316·
Fla. 1st DCA·
1962-05-15
The court held that the trial court erred in transferring the cause to the law side for a jury trial on damages when the issues had become moot and the pleadings were insufficient.
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A riparian owner cannot disavow a plat in part to their benefit while repudiating parts that would injure others, especially when filling a natural waterway.
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19 Fla. Supp. 169·
Dade Cty. Cir. Ct.·
1962-03-02
Homeowners challenged a city zoning ordinance and deed restrictions affecting a subdivision. The court upheld the zoning ordinance as valid under the "fairly debatable" doctrine but enjoined the developer from operating businesses open to the general public, interpreting deed res
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138 So. 2d 93·
Fla. 3d DCA·
1962-02-26
The Barbers' Sanitary Commission appealed a trial court decree declaring its order limiting barber working hours to 9.5 hours per 24-hour period unconstitutional and void. The appellate court affirmed the lower court's judgment, finding no reversible error in the determination th
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138 So. 2d 532·
Fla. 2d DCA·
1962-02-23
A physician appealed the dismissal of his action for injunction to restrain defendants from terminating his hospital privileges. The appellate court dismissed the appeal for lack of a final judgment in the record.
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19 Fla. Supp. 203·
Dade Cty. Cir. Ct.·
1962-02-16
The court held that plaintiffs failed to show an abuse of discretion or a physical taking of property, and therefore, mere circuity of travel resulting from the construction of a limited access facility is not compensable.
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Property owners sought a mandatory injunction to remove transmission line anchors installed by a power company under a limited license granted by their predecessor. The court affirmed the trial court's decision, holding that while the license was revocable, it was only conditiona
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Entertainment clubs operating under Florida beverage licenses challenged a new state statute prohibiting their prior method of operation. The court upheld the statute as a valid exercise of police power, rejecting the clubs' request for a temporary injunction.
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The court held that the district court had summary jurisdiction because the intangible 'Bettinger process' was not sufficiently in Walker's possession prior to bankruptcy filing, and the injunction was improperly issued as Walker's actions were authorized by the contract and subs
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The court held that the Feld-Crawford Act permits suits by foreign corporations against retailers for violating minimum resale prices, even if the retailers are not signatories to the price maintenance contracts.
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296 F.2d 308·
5th Cir.·
1961-12-08
The court held that issues already decided and accepted by a party cannot be relitigated through a petition to modify an injunction.
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133 So. 2d 663·
Fla. 3d DCA·
1961-10-23
The Florida District Court of Appeal reversed a trial court decision that exempted an artist's renderings from sales tax. The court held that an independent contractor who creates architectural renderings and transfers them to architects and builders for consideration is engaged
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18 Fla. Supp. 200·
Dade Cty. Cir. Ct.·
1961-10-02
A taxpayer suit challenging Dade County's expenditure of public funds to oppose the proposed McLeod Amendment to the Home Rule Charter. The court denied the injunction, finding that while one publication (reprinting League of Women Voters' views in the official Metro Bulletin) wa
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18 Fla. Supp. 179·
Dade Cty. Cir. Ct.·
1961-09-21
Property owners challenged Miami's R-1 (single-family residence) zoning ordinance as applied to their 18-acre waterfront property, arguing changed circumstances made the restriction arbitrary and unconstitutional. The trial court agreed, finding the evidence conclusively demonstr
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18 Fla. Supp. 131·
Dade Cty. Cir. Ct.·
1961-09-06
Flagler Memorial Park, Inc. sought to enjoin the City of Miami from enforcing a special assessment for sidewalk improvements adjacent to its property. The circuit court dismissed the complaint, holding that the plaintiff failed to exhaust administrative remedies and that its prop
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18 Fla. Supp. 160·
Dade Cty. Cir. Ct.·
1961-07-31
The court considered whether a county could operate a competing valet parking service and whether a plaintiff was owed damages or refunds for fees paid under a concession agreement.
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18 Fla. Supp. 138·
Dade Cty. Cir. Ct.·
1961-07-11
Shell's City, Inc. challenged a Florida Board of Pharmacy rule prohibiting advertisement of prescription drug names and prices. The circuit court granted summary judgment for Shell's City, declaring the rule and related statutory provisions unconstitutional as violations of free
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18 Fla. Supp. 45·
Dade Cty. Cir. Ct.·
1961-06-20
Taxpayers challenged a joint resolution between Dade County and the City of Miami authorizing county construction of new seaport facilities on Dodge Island, claiming it violated Florida's constitutional bond provisions. The court upheld the resolution, finding no enforceable debt
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293 F.2d 852·
D.C. Cir.·
1961-06-15
The Secretary of the Navy lacks statutory authority to issue a punitive discharge to an inactive reservist based on alleged subversive conduct engaged in after separation from active duty, especially when based on secret evidence and without confrontation.
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130 So. 2d 641·
Fla. 2d DCA·
1961-05-17
A real estate broker was sued by sellers for negligently overvaluing a trade-in lot through his salesman, resulting in a loss for the sellers when they discovered the lot's true size and value.
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The court held that a prior publication of a doll's body without notice does not preclude copyright protection for the entire doll when notice is properly placed on the final product.
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290 F.2d 475·
5th Cir.·
1961-05-09
The court held that the taxpayer's own actions, including sworn statements in a Tax Court petition, confirmed the address used by the IRS for deficiency notices was his last known address.