5,622 Florida cases classified under this topic, plus 6,126 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
-
Terminations under PMPA sections 102(b)(2)(A) and 102(b)(2)(C) do not require notice and an opportunity to cure before notice of termination is given, and forthwith termination was reasonable in this case.
-
An order granting a stay of arbitration pending litigation is an appealable interlocutory order, and the Federal Arbitration Act mandates arbitration for disputes arising under a contract, even if the merits of the claim are questionable.
-
This case addresses whether the Public Records Act requires government agencies to provide computerized public records in a particular format requested by an applicant. The Florida appellate court held that while computer-stored information is public record, agencies need only pr
-
The court held that the Anti-Injunction Act does not bar an injunction against state court proceedings when federal relief is sought but not yet granted.
-
The court held that neighborhood residents have standing to challenge HUD's approval of a low-income housing project based on concerns about racial and economic concentration, but not for claims solely benefiting project inhabitants.
-
-
The court's interpretation of the statutory scheme, allowing a district court to invalidate an election and order a new one under its supervision after balloting has commenced, is incorrect.
-
The court held that a preliminary injunction order must be vacated because the district court failed to conduct a fair hearing with adequate findings of fact and denied defendants the opportunity to cross-examine witnesses and present evidence.
-
The court held that structural similarity alone does not bar patentability for a new chemical compound; its unexpected properties must also be considered. The district court did not err in finding cephalexin nonobvious and did not abuse its discretion in granting a preliminary in
-
625 F.2d 372·
10th Cir.·
1980-07-10
·cited 28×
The court held that Colorado Rule 214, limiting the number of times an applicant can take the bar examination, is a rational policy that does not violate the Fourteenth Amendment's Due Process and Equal Protection Clauses.
-
The court affirmed the district court's grant of preliminary relief, holding that New York's transfer-of-assets restriction for medically needy individuals violates federal law by imposing more restrictive eligibility standards than those for the categorically needy.
-
The court held that it had jurisdiction to hear the government's appeal from the preliminary injunction's condition requiring payment of utilities, and that the district court had jurisdiction to impose such a condition, but the injunction must be modified.
-
613 F.2d 931·
D.C. Cir.·
1979-10-05
·cited 28×
The court held that the government's provision of services for a large religious gathering did not violate the Establishment Clause, as it was consistent with historical practice and supported the free exercise of religion.
-
The court held that the district court had federal question jurisdiction under 28 U.S.C. § 1331 to enforce the 13(c) agreement, and that abstention was not appropriate. The court also found the preliminary injunction was properly issued.
-
The court held that the Privacy Act of 1974 does not authorize injunctive relief to prevent the disclosure of agency records, and that a corporation lacks standing as an 'individual' under the Act.
-
578 F.2d 727·
8th Cir.·
1978-06-12
·cited 28×
The court held that the prior registration's incontestability was limited by Saunders' pre-existing common-law rights in specific geographic areas, and reversed the award of damages for breach of fiduciary duty due to insufficient notice.
-
The court held that Indiana insurance law was not preempted by ERISA because the insurance plan was not an 'employee benefit plan' under ERISA, making the agent liable for the unauthorized insurer's default.
-
348 So. 2d 32·
Fla. 3d DCA·
1977-06-28
·cited 28×
Condominium owners challenged a 99-year recreational facility lease as unlawful under Florida's Deceptive and Unfair Trade Practices Act, Condominium Act, homestead constitutional protections, and antitrust statutes. The trial court dismissed all counts, but the appellate court a
-
The court held that a union's refusal to cross stranger picket lines is not an arbitrable dispute subject to injunction under Boys Markets, and that injunctions against district and international unions require more than mere notice.
-
The Secretary of Labor is not required to disclose the identity of informants in an Equal Pay Act suit, as the government's interest in confidentiality outweighs the defendants' need for disclosure in this case.
-
543 F.2d 1306·
Ct. Cl.·
1976-10-20
·cited 28×
The court held that plaintiffs, by continuing to perform and accept benefits under the contract after alleged material breaches and by actively seeking to enforce the contracts' continuation through litigation, elected to keep the contracts alive and thus could not claim those pr
-
The court held that the district court applied the correct legal standard for granting an injunction under Section 53(a) and 53(b) of the FTC Act, requiring an independent judicial inquiry into the merits and equities, not just the FTC's reasonable belief.
-
The Florida Supreme Court upheld the constitutionality of Section 180.191, Florida Statutes, which authorizes municipalities to charge non-city residents up to 50% more for water and sewer services, but reversed the trial court's dismissal of plaintiffs' complaint alleging the ra
-
313 So. 2d 683·
Fla.·
1975-04-16
·cited 28×
North Port Bank challenged the constitutionality of Florida Statute Section 199.242(3), which requires taxpayers to either pay contested intangible taxes in full, deposit them in court, or post bond before filing suit. The Florida Supreme Court held the statute constitutional as
-
The court held that official immunity does not apply to suits for injunctive relief and that the federal defendants waived their objection to personal jurisdiction. The court also found that the district court did not err in granting a preliminary injunction or in ordering discov
-
491 F.2d 1396·
Temp. Emer. Ct. App.·
1974-01-11
·cited 28×
The court held that the Cost of Living Council's regulations defining certain financial data as proprietary and thus excludable from public disclosure were illegal because they contravened Section 205(b)(3) of the Economic Stabilization Act. The court found that Congress intended
-
487 F.2d 378·
2d Cir.·
1973-06-29
·cited 28×
The sale provisions of the New York Lien Law are unconstitutional as applied because they permit the permanent deprivation of a significant property interest without a prior hearing.
-
A party cannot attack the validity of an underlying court order in a civil contempt proceeding if they failed to appeal or object to that order when it was issued.
-
The court held that personal jurisdiction over Bombardier was proper under the Massachusetts long arm statute and that the preliminary injunction was not an abuse of discretion.
-
A 30-day school suspension, in addition to an initial 10-day suspension, requires the "rudiments of an adversary hearing" to satisfy due process. An informal meeting to explain a decision already made is insufficient.
-
The court held that the district court erred in dismissing the complaint for failure to state a cause of action, as the alleged campaign of harassment, including the potential application of an unconstitutional ordinance, warranted further factual development.
-
438 F.2d 1128·
3d Cir.·
1971-02-05
·cited 28×
The court held that the appellant failed to establish subject matter jurisdiction in the district court because his claims involved factual determinations and discretionary judgments by the local board, which are barred from pre-induction review by statute.
-
The court held that sovereign immunity does not bar a suit alleging federal officials failed to maintain public housing according to statutory and contractual duties, and that the D.C. Housing Regulations can apply to such housing.
-
437 F.2d 102·
1st Cir.·
1970-12-30
·cited 28×
The court held that the Secretary of State has a decisive voice in hardship waiver applications under 8 U.S.C. § 1182(e), and that denying an alien the right to reside in the U.S. does not violate constitutional rights.
-
244 So. 2d 467·
Fla. 3d DCA·
1970-11-17
·cited 28×
A lessor who accepts rent payments after declaring an assignment invalid waives his objection to the assignment, and equity will prevent forfeiture of a long-term lease where the property has been substantially improved and the assignee is financially responsible.
-
426 F.2d 142·
5th Cir.·
1970-05-15
·cited 28×
The court affirmed the dismissal, finding that the challenge to Florida's liquor credit statutes lacked a substantial federal question, thus not requiring a three-judge court.
-
Appellants have standing to challenge the Committee's actions regarding the inclusion of ball point pens and refills on the Schedule of Blind-Made Products.
-
228 So. 2d 281·
Fla.·
1969-07-16
·cited 28×
The Florida Supreme Court holds that Florida's immunity statute, which protects witnesses from criminal prosecution for testimony given before grand juries, does not protect a police officer from employment termination based on such testimony. The Court overruled prior precedent
-
411 F.2d 1115·
10th Cir.·
1969-06-19
·cited 28×
The court held that the Firemen's Union, as a representative of a craft or class, can utilize the special adjustment board machinery to resolve grievances arising from employment in a craft for which another union is the exclusive bargaining agent, provided the interpretation of
-
The court held that the district court did not abuse its discretion in granting a preliminary injunction to restrain a patent infringement suit filed against a customer, prioritizing a second-filed declaratory judgment action against the manufacturer when the balance of convenien
-
214 So. 2d 62·
Fla. 1st DCA·
1968-09-10
·cited 28×
A boundary line dispute between neighboring property owners in Florida where the trial court granted an injunction preventing defendants from using land up to an old fence line. The appellate court reversed, holding that a long-established fence line (50+ years) can constitute a
-
199 So. 2d 504·
Fla. 2d DCA·
1967-06-02
·cited 28×
The State Treasurer (as ex officio Insurance Commissioner) and Director of the Financial Responsibility Division appealed a circuit court's temporary injunction preventing them from suspending the Ferrentinos' driver's licenses pending resolution of an insurance coverage dispute.
-
The court held that the district court erred in issuing a permanent injunction without proper notice and a full hearing on the merits, and that a temporary injunction was not warranted due to a lack of irreparable injury.
-
The court held that the district court did not abuse its discretion in granting a preliminary injunction to prevent the dissemination of a prisoner's manuscript, as the government's interest in law enforcement and prison order outweighed the appellant's claims.
-
The court held that a 'freeze order' is mandatory, not discretionary, in pattern or practice discrimination cases to eradicate past discriminatory effects and prevent future ones, requiring application of prior, less stringent standards to currently eligible Negro applicants.
-
346 F.2d 474·
8th Cir.·
1965-06-02
·cited 28×
The court held that the Siebrings were in civil contempt for violating a prior injunction by manufacturing and selling bunk feeders that were colorably similar to the enjoined device, and that attorney fees were properly awarded in this contempt proceeding.
-
The denial of a temporary restraining order in this case is appealable because the delay until final judgment would cause irreparable loss and moot the claims. The district court should have entered a temporary restraining order.
-
Appellants Frank and Jean Hettinger were found in contempt for allegedly violating an injunction decree requiring them to remove chicken manure from their premises at specified intervals to abate a nuisance. The appellate court reversed, holding that the decree was insufficiently
-
325 F.2d 576·
6th Cir.·
1963-12-17
·cited 28×
Federal courts lack jurisdiction over labor representation disputes under the Railway Labor Act, even when framed as contract disputes.
-
157 So. 2d 150·
Fla. 2d DCA·
1963-11-01
·cited 28×
Property owners in a subdivision sought to establish their rights to use a platted private parkway and to construct a dock extending into the bay. The court upheld the lower court's decree finding that lot owners had an easement for common use of the parkway, that the fee owners