5,622 Florida cases classified under this topic, plus 6,125 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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58 Fla. 398·
Fla.·
1909-06-01
·cited 106×
This case concerns the ownership of submerged lands under Lake Jackson in Florida. The court held that Lake Jackson is navigable for public purposes, and therefore its bed is held by the State in trust for the people, not by private owners. The court reversed the lower court's de
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In a pattern and practice disparate treatment case, the defendant's rebuttal must be sufficient to convince the trier of fact that the plaintiffs have not carried their ultimate burden; otherwise, the plaintiffs will prevail without further evidence.
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The court held that the Civil Rights Act of 1957, as amended, empowers federal district courts to issue mandatory injunctions ordering the registration of voters found to have been discriminatorily denied registration due to race.
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103 Fla. 990·
Fla.·
1931-12-23
·cited 105×
A Volusia County taxpayer sought injunctive relief to prevent the county commissioners from paying $6,000 to a county fair association and from levying taxes under two 1931 legislative acts. The Florida Supreme Court held that Senate Bill No. 911 was unconstitutional as a special
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29 Fla. 1·
Fla.·
1892-01-01
·cited 105×
Telfair Stockton sought an injunction to prevent Duval County Commissioners from issuing bonds to improve the St. Johns River navigation, arguing the statute authorizing such bonds violated the Florida Constitution's requirement that counties only spend money for "county purposes
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The court held that 28 U.S.C. § 1292(a)(1) should be construed narrowly, limiting appellate jurisdiction to review only independently appealable orders, not ancillary ones.
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113 Fla. 176·
Fla.·
1933-12-06
·cited 104×
A Florida taxpayer sought to enjoin collection of personal property taxes for 1932, claiming the assessment roll was invalid due to illegal valuations and omitted property. The Florida Supreme Court affirmed dismissal, holding that while void tax assessments may be enjoined at an
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The court held that the district court did not abuse its discretion in issuing a preliminary injunction that restricted shorezone repairs and construction, nor in dispensing with a bond requirement for the plaintiffs.
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The court held that the jury instructions for age discrimination were not erroneous, and the findings of discrimination based on sex and religion were not clearly erroneous. The university's cross-appeal regarding attorneys' fees was also rejected.
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The court held that the plaintiffs failed to demonstrate irreparable harm in the record before the district court, warranting reversal of the preliminary injunctions.
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Greyhound kennel owners were incarcerated for civil contempt after refusing to comply with a temporary mandatory injunction requiring them to supply racing greyhounds to a track operator. The Florida Supreme Court upheld the injunction and contempt convictions, holding that a tem
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487 F.2d 986·
2d Cir.·
1973-09-13
·cited 102×
The court denied the petition for rehearing en banc, finding the panel's decision did not present a substantial question of unusual importance warranting such review.
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77 So. 2d 428·
Fla.·
1954-12-17
·cited 102×
The Florida Supreme Court upheld an injunction preventing Miami Beach from enforcing a 1951 zoning amendment that prohibited certain hotel tenant shops. The court affirmed the lower court's decision but on constitutional grounds rather than estoppel, holding that the amended use
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440 So. 2d 1277·
Fla.·
1983-11-10
·cited 101×
The Florida Supreme Court held that a city charter provision prohibiting expenditure of funds for charitable organizations does not bar the City of Boca Raton from contributing public funds to operate a child development center, because providing day care educational services con
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308 F.2d 383·
6th Cir.·
1962-09-12
·cited 101×
The court held that there was insufficient evidence of individual monopolization and that the jury instructions on monopolization were inadequate, requiring reversal. It also found the plaintiff's damage calculations to be speculative and unsupported.
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365 So. 2d 759·
Fla. 1st DCA·
1978-12-01
·cited 100×
Phosphate mining companies challenged proposed effluent standards rules issued by Florida's Department of Environmental Regulation. The court held that the Commission's approval of the rule violated the Administrative Procedure Act by occurring before a hearing officer ruled on t
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The court granted final default judgment and a permanent injunction against defendants for copyright infringement, awarding statutory damages and attorney's fees.
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The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiff failed to demonstrate a chance of success on the merits due to estoppel.
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The Deputy Commissioner's ruling excluding wine made from the boysen variety of blackberry from the designation 'blackberry wine' was an invalid amendment to the existing regulation because it was not preceded by a hearing or approved by the Secretary of the Treasury.
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The Florida Supreme Court held that damages recoverable for wrongfully obtaining an injunction are limited to the amount of the injunction bond when the injunction is obtained in good faith. The Court adopted the majority view followed by most states and federal courts, rejecting
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329 So. 2d 10·
Fla.·
1976-01-21
·cited 97×
Hollywood Beach Hotel Company obtained a zoning change and building permit to develop a 105-acre tract, but the City of Hollywood engaged in prolonged delays and ultimately attempted to rescind the zoning and impose a restrictive density ordinance. The Florida Supreme Court held
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392 F.2d 83·
2d Cir.·
1968-03-01
·cited 97×
The Port Authority may not absolutely prohibit political expression in its bus terminal, as the terminal is a public forum. Peaceful activities like distributing leaflets, carrying placards, and engaging in discussions are protected by the First Amendment and can only be restrict
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100 Fla. 863·
Fla.·
1930-10-17
·cited 97×
The Florida Supreme Court upheld a state excise tax on petroleum products stored within Florida after interstate shipment, rejecting challenges that it was an invalid direct property tax, violated the interstate commerce clause, and unconstitutionally taxed the mere right to poss
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750 So. 2d 659·
Fla. 5th DCA·
1999-10-01
·cited 96×
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The court held that the civil remedies provision of the Organized Crime Control Act of 1970 (RICO) is constitutional, a valid exercise of Congress's commerce power, and that the district court did not err in issuing a preliminary injunction, default judgment, and contempt order.
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453 F.2d 645·
1st Cir.·
1972-01-03
·cited 96×
The court held that the government's motion to vacate the injunction was unauthorized by the Federal Rules of Civil Procedure, as it did not fall under any of the specified grounds for relief from a final judgment.
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The court held that the district court erred in denying a preliminary injunction, as the transfer program and new collective bargaining agreement did not fully correct the pervasive pattern of racial discrimination violating Title VII.
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92 So. 2d 798·
Fla.·
1957-02-13
·cited 96×
The City of Miami challenged a lower court decree invalidating an ordinance regulating conduct in establishments serving alcoholic beverages, including prohibitions on female employees mingling with patrons, solicitation of drink purchases, and employees consuming alcohol on prem
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63 So. 2d 493·
Fla.·
1953-01-27
·cited 96×
The Florida Supreme Court reversed a lower court order that stayed eminent domain proceedings and enjoined Miami Beach from enforcing a zoning ordinance. The court held that property owners cannot use equity suits to challenge zoning ordinances solely to increase property value a
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36 Fla. 637·
Fla.·
1895-06-01
·cited 96×
The Florida Supreme Court held that a statute authorizing courts of chancery to assess damages for trespass on timbered lands violated the constitutional right to trial by jury, as damage recovery for mere trespass was a legal remedy tried by jury at common law. The Court affirme
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142 Fla. 875·
Fla.·
1940-05-10
·cited 95×
A Florida taxpayer challenged the constitutionality of a 1939 statute creating a civil service commission for counties with populations between 165,000 and 180,000, arguing the population-based classification lacked reasonable basis and rendered the Act a special rather than gene
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103 Fla. 976·
Fla.·
1931-12-23
·cited 95×
E. W. Wester, a taxpayer, sought to enjoin the Duval County Commissioners from paying for oyster shell under a contract allegedly awarded in violation of competitive bidding statutes. The Florida Supreme Court affirmed the denial of the injunction, holding that where competitive
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133 So. 341·
Fla.·
1931-03-28
·cited 95×
This case concerns a taxpayer's challenge to the issuance of interest-bearing warrants by a school district to cover teacher salaries. The court held that the special legislative act authorizing such warrants, payable from uncollected taxes, was constitutional and did not violate
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80 Fla. 170·
Fla.·
1920-07-03
·cited 95×
Robert Bannerman challenged the constitutional validity of the Everglades Drainage District Acts (1913, as amended), which imposed acreage-based drainage taxes on his property. The Florida Supreme Court affirmed the trial court's dismissal of his bill of complaint, holding that t
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379 So. 2d 346·
Fla.·
1979-12-13
·cited 94×
White Egret Condominium sought to void a transfer of condominium ownership from Marvin Franklin to his brother Norman based on a restrictive covenant prohibiting children under twelve from residing in the complex. The Florida Supreme Court held that age restrictions in condominiu
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175 F.2d 176·
2d Cir.·
1949-06-02
·cited 94×
The court affirmed the summary dismissal of the plaintiff's application, narrowly interpreting the Lanham Trade Mark Act.
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The court affirmed the denial of a preliminary injunction, finding the government failed to demonstrate irreparable harm, which is a prerequisite for such relief.
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600 F.2d 189·
9th Cir.·
1979-05-30
·cited 93×
The court held that the district court erred in requiring a three-judge panel and modified the injunctions regarding tear gas and mechanical restraints, while affirming the prohibition of neck chains within the prison.
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The court held that the phrase 'Vision Center' is descriptive and lacks secondary meaning, thus not entitling the plaintiff to trade name protection against Opticks' use of 'Pearle Vision Center'.
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The court must reverse the district court's injunction order based on controlling precedent, but the concurring judge disagrees with the doctrine that all coercive civil contempt orders fail if the underlying order is invalid.
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446 F.2d 1301·
2d Cir.·
1971-06-10
·cited 93×
The court affirmed the district court's findings of Rule 10b-5 violations and most remedies, but remanded Kline's case for a hearing on the appropriate remedy for his stock option cancellation.
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303 F.2d 844·
5th Cir.·
1962-06-14
·cited 93×
A district court's order staying proceedings pending the outcome of a state court action is not appealable as an injunction under 28 U.S.C. § 1292(a)(1) unless the underlying action is legal in nature and the stay is sought to permit the prior determination of an equitable defens
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The court held that the Guild's Minimum Basic Agreement, with its restrictive provisions, likely violates the Sherman Act and that the plaintiff's signing under economic coercion does not preclude him from seeking relief. The denial of a preliminary injunction was reversed.
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141 Fla. 616·
Fla.·
1940-01-23
·cited 93×
City of Miami Beach sought to enforce an ordinance prohibiting petroleum storage tanks within 1,000 feet of residential buildings, but the Florida Supreme Court upheld as applied to The Texas Company's bulk plant, which had operated with city approval for many years. The court af
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The court held that after the Railway Labor Act's procedures are exhausted and bargaining reaches an impasse, a union may lawfully conduct selective strikes against some carriers to exert economic pressure for a national agreement.
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The court held that the lower court did not abuse its discretion in denying preliminary injunctions because the defendant truthfully advertised copied garments and there was no clear showing of public deception or confusion as to source or sponsorship.
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91 So. 2d 795·
Fla.·
1957-01-04
·cited 92×
Upland property owners in a dredged-in subdivision sought to enjoin neighboring landowners' proposed dredging and filling of submerged tidal lands, claiming it would encroach on their common law riparian rights. The Florida Supreme Court affirmed that while upland owners possess
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The court held that a voluntary dismissal under Rule 41(a)(1) was ineffective because it occurred after significant proceedings and the merits had been addressed, and that the denial of an injunction against foreign proceedings was also erroneous.