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's grant of a temporary injunction was appropriate pending determination of the 1959 Ohio Fair Trade Act's constitutionality, but the bond amount was inadequate.
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Webb City, a private business, sought a permanent injunction against the NAACP and its local chapter members for conducting a peaceful picket and boycott campaign protesting the store's segregation policies and employment practices. The court granted the permanent injunction, hol
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129 So. 2d 185·
Fla. 3d DCA·
1961-04-20
The City of Miami Beach appeals from an injunction enjoining enforcement of a zoning ordinance that prohibits storefronts in connection with liquor sales at the Deauville Hotel. The court reverses, holding that the hotel cannot claim reliance on a condition (street entrance) that
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18 Fla. Supp. 20·
Dade Cty. Cir. Ct.·
1961-04-18
The court held that the club's operation constituted a public nuisance and affirmed the injunction prohibiting female entertainers from mingling with patrons and drinking on the premises.
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288 F.2d 886·
9th Cir.·
1961-04-10
The appeal is dismissed because the construction of the bridge has rendered the case moot, and there are no continuing legal questions or important public issues involved.
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The court held that the district court lacked jurisdiction over the non-resident defendants because they did not reside in the district, have a regular and established place of business, or commit acts of infringement there, and their participation in defending another party did
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The court held that a certificate of probable cause is required for an appeal in a state habeas corpus case, and denied the petitioner's motion for such a certificate.
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17 Fla. Supp. 141·
Pinellas Cty. Cir. Ct.·
1961-02-06
The court held that a municipality's payments made under an illegal tax subsidy plan are recoverable, and an injunction against further payments is appropriate.
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17 Fla. Supp. 63·
Dade Cty. Cir. Ct.·
1961-01-06
Clark sought to enjoin the clerk from issuing a tax deed and sought declaratory relief regarding his right to redeem tax-delinquent property. The court held that § 194.02 Florida Statutes allows redemption until a tax deed is actually issued, regardless of the public sale date un
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286 F.2d 545·
D.C. Cir.·
1961-01-05
The court held that the plaintiff seeking an injunction was entitled to a trial on the issue of whether settlement agreements were made, as this could provide a basis for injunctive relief.
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The court held that picketing a neutral employer to encourage its employees to refuse to handle goods from a struck manufacturer constitutes an unfair labor practice under the Labor Management Relations Act, and the NLRB's order to cease and desist was enforceable.
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124 So. 2d 733·
Fla. 2d DCA·
1960-12-02
A Florida appellate court reversed the denial of a motion to dismiss a second mortgage holder's counterclaim alleging that property owners' encroachments on public streets and the Broadwalk adversely affected their security interest. The court held that second mortgage holders la
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17 Fla. Supp. 31·
Dade Cty. Cir. Ct.·
1960-11-28
Surf Club, Inc. challenged a $25,282.08 sales tax assessment by Florida's Comptroller, arguing the club was not engaged in taxable business activities. The court found the club was a membership organization whose members were equitable owners, not a retailer or dealer subject to
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A homeowner built a treehouse in her yard and received variances from the city's Board of Adjustment to keep it despite neighbor objections. Neighbors sued the city and homeowner in circuit court; after the city was dismissed, the court wrongly refused to strike irrelevant allega
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17 Fla. Supp. 137·
Dade Cty. Cir. Ct.·
1960-10-27
Betal Corporation sought declaratory relief and injunction against its liability insurance company, American Universal Insurance Co., and its agent, J.A. Cantor Insurance Agency, for their failure to defend a suit brought by tenant Tillie Margolyes. The court held that Betal Corp
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124 So. 2d 19·
Fla. 3d DCA·
1960-10-27
Riddle Airlines appealed the strike of its equity complaint alleging that a lease-with-option-to-purchase agreement constituted a usurious loan disguised as a lease. The trial court found the complaint was a sham because Riddle's key factual allegations—that it had engaged Italia
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123 So. 2d 50·
Fla. 3d DCA·
1960-09-19
Appellants Goldfarb Associates obtained a judgment against appellees in a law action and sought to execute on it. The trial court issued a temporary restraining order preventing execution based on appellee Cantor's claim to a share of the brokerage commission. The appellate court
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122 So. 2d 577·
Fla. 3d DCA·
1960-06-30
In this divorce appeal, the Florida District Court of Appeal upheld the trial court's divorce decree based on extreme cruelty and award of custody and support to the wife-appellant, but vacated an injunction prohibiting the wife from communicating with her ex-husband or his milit
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Forty-Five Twenty-Five, Inc. sought to enjoin Fontainebleau Hotel Corp.'s construction of a hotel addition. The injunction was granted but subsequently dissolved by appellate court. This damages hearing determined what the hotel could recover on the injunction bond, a foundationa
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16 Fla. Supp. 69·
Dade Cty. Cir. Ct.·
1960-06-02
Grand Union Company and its subsidiaries sought to enjoin Grandway Service Stations, Inc. from using the name "GRANDWAY" in its business operations. The court granted a permanent injunction, finding that Grand Union had established prior use, trademark registrations, and valuable
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121 So. 2d 36·
Fla. 3d DCA·
1960-06-02
This case involves an interlocutory appeal from an order denying a motion to enjoin a union from picketing a business. The dissenting judge argued that the picketing was unlawful because the union failed to comply with necessary preliminaries, such as demonstrating employee repre
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16 Fla. Supp. 103·
Dade Cty. Cir. Ct.·
1960-05-26
Gold Coast Cruises challenged a Miami Beach ordinance regulating gratuitous transportation services as unconstitutional and discriminatory. The circuit court found that provisions of the ordinance preventing a cruise company located outside city limits from offering free shuttle
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280 F.2d 58·
D.C. Cir.·
1960-05-19
The court held that the appellant's construction constituted a trespass and affirmed the trial court's award of damages.
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The district court properly exercised its discretion in enjoining the distribution of the drug R.X.-120.
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16 Fla. Supp. 1·
Dade Cty. Cir. Ct.·
1960-03-11
Louisiana's direct action statute, allowing injured parties to sue insurers directly even for out-of-state policies, does not violate the Due Process or Full Faith and Credit Clauses when the injury occurs in Louisiana.
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118 So. 2d 589·
Fla. 2d DCA·
1960-03-04
Property owners adjacent to Out Lot 15 challenged the Housing Authority's issuance of a building permit to construct multi-family dwellings in a single-family residential zone. The court held that the Housing Authority's project constituted a permissible municipal use exempt from
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117 So. 2d 426·
Fla. 3d DCA·
1960-01-21
Property owners appealed an order dismissing their complaint seeking to enjoin alleged violations of municipal zoning regulations and nuisance by an adjacent property owner. The court reversed, finding the complaint sufficiently alleged injury and damage peculiar in kind.
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The court held that it would be inequitable to compel the removal of windows from a party wall when the current owners purchased the property without notice of an agreement to remove them upon request.
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16 Fla. Supp. 41·
Dade Cty. Cir. Ct.·
1959-12-17
The Lynches sought to quiet title to a 25-foot southern strip of property ("said property") in a Fairhaven subdivision lot, claiming title through quit claim deeds from the heirs of H.J. Goebbels. Welan Investment Co. claimed title through a 1938 tax foreclosure and special maste
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16 Fla. Supp. 96·
Duval Cty. Cir. Ct.·
1959-11-24
Taxpayers challenged the City of Jacksonville's proposed sale of two municipal golf courses for prices below their appraised values following the courses' closure after a federal court ordered integration. The circuit court held that municipalities have authority under their char
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271 F.2d 839·
D.C. Cir.·
1959-10-29
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115 So. 2d 187·
Fla. 2d DCA·
1959-10-28
The Florida Real Estate Commission obtained an injunction against John Murphy for conducting a real estate school without first obtaining the required permit under Section 475.451 of the Florida Statutes. Murphy appealed, contending that the injunction proceeding should have been
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The court held that the Secretary of the Navy lawfully prescribed regulations for discharge certificates, and the plaintiff was not entitled to an honorable discharge based on proficiency requirements.
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15 Fla. Supp. 164·
Monroe Cty. Cir. Ct.·
1959-08-19
The court held that the Special Acts creating the Florida Keys Aqueduct Commission are constitutional and that the appointed commissioners are empowered to act, denying the remainder of the plaintiffs' claims.
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The court held that a prisoner seeking to challenge a parole revocation based on procedural due process violations can bring a declaratory judgment action in the District of Columbia, even if habeas corpus might otherwise be considered.
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The court denied the petition for rehearing, declining to consider grounds not presented on the original appeal or grounds based on new facts.
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113 So. 2d 244·
Fla. 3d DCA·
1959-06-25
This case involves a lessee suing their lessor to enjoin the operation of a refreshment stand in a shopping plaza. The court affirmed the lower court's decision, finding that the stand interfered with the lessee's use of their leased property.
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113 So. 2d 267·
Fla. 2d DCA·
1959-06-17
Appellants challenged the distribution of real property under a will, arguing that the testator's conveyance of devised lots to the appellee before his death should trigger the doctrine of election, preventing the appellee from receiving the devised property. The court affirmed d
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267 F.2d 579·
4th Cir.·
1959-06-08
The court held that the evidence was legally sufficient to support the jury's verdict that the railroad had not entered into an agreement limiting its right-of-way, and that the trial court correctly excluded inadmissible hearsay evidence.
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267 F.2d 633·
D.C. Cir.·
1959-03-12
The court held that the employers' suit was premature because the potential tax liability was uncertain and an adequate legal remedy would be available if the tax were assessed.
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264 F.2d 695·
5th Cir.·
1959-03-10
The court held that the Housing Authority abused its discretion by arbitrarily rejecting the lowest bidder without providing an opportunity to be heard on charges of irresponsibility.
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264 F.2d 608·
2d Cir.·
1959-03-09
The court held that the plaintiff failed to demonstrate changed circumstances justifying modification of the original postal fraud order.
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14 Fla. Supp. 41·
Pinellas Cty. Cir. Ct.·
1959-02-11
The court held that the city lacked the express authority to revoke an electrician's certificate of competency, as such power was not clearly delegated by the state.
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The court held that the trial court did not err in finding that the contract was not terminable at will and that the attorneys did not exert undue influence, and that Crawford substantially performed his logging contract.
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14 Fla. Supp. 105·
Leon Cty. Cir. Ct.·
1959-01-09
Peoples Water and Gas Co. challenged the Comptroller's determination that certain materials used in its gas manufacturing process were subject to sales and use taxes. The court held that materials directly used and immediately dissipated in the manufacturing process, but not beco
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108 So. 2d 46·
Fla.·
1959-01-09
The Florida Supreme Court vacated and remanded an amended final decree in a case involving the State Board of Accountancy's enforcement of the Florida Accountancy Act against the Florida Accountants Association. The remand was necessary because a 1957 amendment to the governing s
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14 Fla. Supp. 4·
Fla. Railroad & P. U. C.·
1959-01-08
The commission is unable to grant Southeastern Telephone Co.'s motion for an immediate rate increase order because the court of appeals reversed a lower court's injunction, returning the matter to the commission for a final hearing.
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261 F.2d 716·
2d Cir.·
1958-12-16
A judgment against a party may estop them from relitigating the same issue against a transferee of the original opponent, even if the transferee was not a party to the original suit.
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105 So. 2d 584·
Fla. 2d DCA·
1958-10-08
This interlocutory appeal addresses whether defendants who purchased and began filling submerged lands in Lake Maitland can assert estoppel defenses against the State of Florida's claim that the submerged lands are sovereignty lands held in trust for the public. The court affirme