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
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780 So. 2d 310·
Fla. 4th DCA·
2001-03-21
·cited 27×
The Seminole Tribe of Florida appealed the dismissal of its tortious interference claim against The St. Petersburg Times and two reporters who solicited confidential tribal information and published investigative articles about the Tribe's gambling operations and finances. The ap
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Where a court dispenses with a bond pursuant to Rule 1.610(b) for a governmental entity seeking a temporary injunction, the wrongfully enjoined party is entitled to seek the full measure of damages sustained by the wrongful injunction, not limited to a bond amount. A court may re
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649 So. 2d 336·
Fla. 3d DCA·
1995-02-01
·cited 27×
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The court affirmed the grant of a temporary injunction but reversed and remanded because the trial court set the injunction bond without allowing the parties to present evidence on the appropriate bond amount.
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The court held that the district court erred by using credibility determinations from a preliminary injunction hearing to decide a motion for summary judgment, as genuine issues of material fact remained regarding likelihood of confusion and prior use.
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A property owners association sought a mandatory injunction to remove an aluminum carport constructed by homeowners in violation of deed restrictions requiring architectural approval and masonry materials. The trial court denied the injunction, but the appellate court reversed, h
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The court held that Bloomingdale's use of stylized 'B Wear' marks, including a lowercase 'b' and ribbon style, infringed Banff's 'Bee Wear' mark, and the injunction should be broadened to include them.
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The court held that the district court applied an erroneous and overly restrictive legal standard in denying the government's motion for a preliminary injunction to enforce the FDCA.
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833 F.2d 763·
9th Cir.·
1987-11-18
·cited 27×
The court affirmed the district court's declaratory judgment and injunction, but modified the injunction in part, and affirmed the denial of attorney's fees.
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The court held that the trial court's findings indicated a likelihood of a breach of the duty of due care by the directors, despite the business judgment rule.
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797 F.2d 700·
9th Cir.·
1985-08-16
·cited 27×
The court held that the INS engaged in a pattern of unlawful stops without reasonable suspicion and that the district court's order requiring documentation of future stops was not an abuse of discretion.
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The court held that while the Illinois Pro-Life Coalition has a significant interest, it is insufficient to mandate intervention as of right because the existing defense has not been shown to be inadequate.
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The court held that the district court did not abuse its discretion in refusing to stay proceedings and properly granted a preliminary injunction, as the federal law issues and the ongoing nature of the state court proceedings weighed against abstention, and the utility demonstra
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The court held that the district court did not err in granting a preliminary injunction regarding double-celling and exercise, but vacated the portion concerning food services due to lack of factual support.
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646 F.2d 925·
5th Cir.·
1981-05-18
·cited 27×
The court held that the district court correctly found that supplemental relief was necessary to dismantle the dual school system and that its remedial plan was within the bounds of its discretion, despite community resistance and state court interference.
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Federal district courts should not exercise jurisdiction to invalidate OSHA search warrants or suppress evidence before the Occupational Safety and Health Review Commission (OSHRC) has rendered a final administrative decision, as parties must exhaust administrative remedies and e
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The court held that defendants waived their right to arbitration due to their evasive and dilatory conduct throughout the litigation, which prejudiced the plaintiff and the court.
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A union can be held in civil contempt for violating a temporary restraining order enjoining a strike, even if its officers made efforts to comply, and a compensatory fine can be imposed after the strike ends.
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The court held that Lake Minnetonka is not a "navigable water of the United States" under the Rivers and Harbors Act because it lacks an interstate waterway connection, but construction of dams and placement of riprap are regulated activities under Section 404 of the Federal Wate
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484 F.2d 284·
5th Cir.·
1973-09-13
·cited 27×
The court held that the district court did not err in denying discovery and granting summary judgment, as the administrative record adequately supported the Comptroller's decision to grant a national bank charter.
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The court held that federal antitrust laws do not provide a basis for enjoining state court arbitration proceedings or eviction actions for the collection of ordinary debts, even if those debts are related to allegedly illegal tie-in agreements.
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A request for release pending appeal from the dismissal of an action challenging parole revocation should be raised first in the District Court.
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221 So. 2d 740·
Fla.·
1969-04-16
·cited 27×
The Florida Supreme Court reversed a lower court judgment that struck down a special assessment provision allowing Fire District No. 1 of Polk County to levy assessments against mobile home rental spaces. The court held that the special assessment had a fair relation to benefits
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Miami Beach appeals from an injunction preventing it from interfering with a large rooftop neon sign. The court reversed, holding that the city was not estopped from revoking a building permit for a sign that violated municipal ordinance size limitations for roof signs.
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The court held that the district court's order denying mandatory injunctive relief was appealable as a final decision under 28 U.S.C. § 1291, and that the denial of leave to amend the complaint was not an abuse of discretion.
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196 So. 2d 489·
Fla. 4th DCA·
1967-03-21
·cited 27×
The Housing Authority of Melbourne and the City sought to uphold a zoning ordinance allowing low-rent housing development pursuant to a cooperation agreement with the federal government. Six residents challenged the ordinance as invalid, claiming the city was coerced into rezonin
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177 So. 2d 355·
Fla. 2d DCA·
1965-07-14
·cited 27×
Mayflower Property, Inc. challenged the R-1-A zoning restriction on oceanfront property in Fort Lauderdale, arguing it was arbitrary and unreasonable and violated due process by preventing the highest and best use of the land. The trial court found the zoning unconstitutional as
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337 F.2d 127·
D.C. Cir.·
1964-07-14
·cited 27×
The court held that a railroad could be enjoined from changing working conditions (operating trains without firemen) pending resolution of a major dispute under the Railway Labor Act, and that the Norris-LaGuardia Act did not prevent such an injunction. The court also affirmed th
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266 F.2d 202·
7th Cir.·
1959-04-02
·cited 27×
The dissenting judge believes the District Court did not abuse its discretion in refusing to issue an injunction.
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100 So. 2d 192·
Fla. 2d DCA·
1958-02-12
·cited 27×
Feig v. Graves addresses riparian rights and easement boundaries in a residential subdivision where Bass Lake's shoreline receded 70-80 feet. The court upheld the lower court's finding that an easement (walkway) marked on the original 1926 plat was bounded by the water's edge and
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A Florida Supreme Court case addressing whether a drive-in restaurant constituted a nuisance to nearby motel owners and whether the resulting injunction was sufficiently clear to enforce. The court upheld the nuisance finding but reversed and remanded because the injunctive order
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61 So. 2d 499·
Fla.·
1952-10-14
·cited 27×
The Supreme Court of Florida reversed a lower court's dismissal of a complaint seeking to cancel mortgages. The court held that the property owner was not estopped from challenging the validity of mortgages placed on his property by his sister, who had forged his name to a deed t
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54 So.2d 48·
Fla.·
1951-08-10
·cited 27×
The Florida Supreme Court affirmed a lower court's injunction against the State Road Department and the Board of Commissioners of Everglades Drainage District. The injunction prevented the construction of culverts and canal deepening that would divert floodwaters into the Newhall
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52 So. 2d 805·
Fla.·
1951-06-01
·cited 27×
The Supreme Court of Florida affirmed a lower court's dismissal of a lawsuit, holding that a hotel operator could not prevent a real estate business from using a similar name. The court found no likelihood of public deception or harm to the hotel operator's business due to the di
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175 F.2d 619·
7th Cir.·
1949-06-21
·cited 27×
The court held that the Housing and Rent Act of 1947 grants federal courts general jurisdiction to hear treble damage claims for rent overcharges, regardless of the amount in controversy.
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166 F.2d 674·
10th Cir.·
1948-03-05
·cited 27×
Third parties claiming an interest in property levied upon for another's tax liability are not subject to the statutory prohibition against enjoining tax collection and may maintain an action to protect their rights.
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157 Fla. 71·
Fla.·
1946-02-08
·cited 27×
The Florida Supreme Court upheld Chapter 22935, Acts of 1945, which authorized the creation of water conservation districts in Florida counties with populations exceeding 260,000. The city of Coral Gables challenged the law as an unconstitutional local law disguised as general le
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125 F.2d 757·
9th Cir.·
1942-02-05
·cited 27×
Federal courts have the power to enjoin state court proceedings that interfere with the exclusive jurisdiction and enforcement of federal court decrees, particularly those issued under the National Labor Relations Act.
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147 Fla. 560·
Fla.·
1941-06-27
·cited 27×
The Florida Supreme Court affirmed the commitment of optometrists to county jail for contempt of court after they violated an injunction against practicing optometry. The court held that habeas corpus is not the proper remedy to challenge the underlying validity of an injunction;
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143 Fla. 778·
Fla.·
1940-07-23
·cited 27×
This case involves a dispute over the ownership of a parcel of land that was formerly a highway right-of-way. The appellate court reversed the lower court's decision, finding that the complainant failed to demonstrate sufficient title to maintain the suit in equity.
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142 Fla. 68·
Fla.·
1940-02-27
·cited 27×
The Florida Supreme Court upheld a state excise tax on alternative fuels (such as diesel) used in motor vehicles, rejecting motor carriers' argument that they were exempt under prior legislation. The court held that the 1939 fuel tax statute validly imposed taxes on fuel substitu
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128 Fla. 408·
Fla.·
1937-06-04
·cited 27×
The Florida Supreme Court addressed two consolidated cases challenging the validity of Chapter 16979, the Cleaning, Dyeing and Pressing Law of 1935, which authorized a state board to fix minimum prices for cleaning services in Dade County. The Court affirmed the circuit court's d
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Mason Lumber Company appealed a trial court decision denying an injunction against a 1935 Florida gross receipts tax on retail lumber sales, but granting an injunction against application of the tax to bulk sales of materials to construction contractors. The Florida Supreme Court
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126 Fla. 1·
Fla.·
1936-10-26
·cited 27×
Martin Long sought to enjoin tax assessors from levying taxes on his homestead property to pay pre-existing bonded debt after Florida's 1934 constitutional amendment exempted homesteads (up to $5,000 valuation) from taxation. The Florida Supreme Court held that the homestead exem
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115 Fla. 795·
Fla.·
1934-07-17
·cited 27×
The Florida Supreme Court held that a municipal corporation's property acquired through tax foreclosure and held for resale may be levied upon and sold under execution to satisfy a judgment against the municipality, rejecting the city's claim that all municipally-owned property i
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100 Fla. 891·
Fla.·
1930-10-17
·cited 27×
The Florida Supreme Court held that a state excise tax on the storage of gasoline and petroleum products applies to municipalities storing such products for their own public use, despite statutory language referring only to storage 'by any person, firm or corporation.' The Court
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25 Fla. 656·
Fla.·
1889-06-01
·cited 27×
Ruge, owner of lots adjacent to Florida Promenade in Apalachicola, sought to enjoin the city and an oyster canning company from leasing and using the public park for private industrial purposes. The Florida Supreme Court affirmed the denial of the injunction, holding that the Pro
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20 Fla. 962·
Fla.·
1884-06-01
·cited 27×
The Florida Supreme Court affirmed a decree foreclosing a mortgage against Matthews, rejecting his arguments that informal tenders discharged the debt and mortgage lien, that a sheriff's deed gave him superior title, and that tort damages could be set off against the mortgage deb
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The Eleventh Circuit certified a question about the interpretation of Florida's riot statute to the Florida Supreme Court, finding it appropriate to allow the state court to interpret the law before ruling on its constitutionality.
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The court held that all elements for injunctive relief were satisfied, reversing the trial court's denial of a temporary injunction.