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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A Florida appellate court reversed a temporary injunction prohibiting an electioneering organization from publishing information about a judicial candidate during a political campaign, holding that the injunction constituted an unconstitutional prior restraint on First Amendment
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A former husband appeals an injunction for protection against domestic violence entered by the trial court. The appellate court reversed, finding the former wife failed to meet her burden of proving either actual domestic violence or reasonable cause to believe she faced impendin
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The court held that the trial court erred by denying the appellant his fundamental right to be heard, violating his due process rights.
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EchoStar Communications Corporation appealed a preliminary injunction prohibiting it from transmitting distant network signals to "served" households under the Satellite Home Viewer Act (SHVA) and the Satellite Home Viewer Improvement Act of 1999. The Eleventh Circuit vacated the
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The Florida Supreme Court held that sovereign immunity limitations under section 768.28 do not apply to damages awards resulting from wrongfully issued preliminary injunctions obtained by governmental entities. When a court dispenses with the bond requirement for a governmental e
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The court held that the trial court did not abuse its discretion in granting the temporary injunction, but the bond amount was inadequate.
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Precision Tune Auto Care appeals the denial of its motion to dissolve a temporary injunction that preserved the status quo in a franchise dispute with Radcliff and Performance Concepts. The Fourth District holds that a trial court has discretion to reconsider a temporary injuncti
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697 So. 2d 1267·
Fla. 5th DCA·
1997-08-01
·cited 26×
Emily Pecora appeals a temporary injunction order that her estranged husband Raymond obtained against her, barring her from the business premises of two corporations they jointly owned. The Florida District Court of Appeal affirmed the injunction despite procedural defects, findi
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A party cannot be held in contempt for violating an order that is not clear and definite.
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681 So. 2d 773·
Fla. 1st DCA·
1996-09-20
·cited 26×
The Florida First District Court of Appeal quashed a temporary ex parte injunction against the United Farm Workers of America prohibiting picketing at Quincy Farms because the trial court failed to comply with mandatory procedural requirements under Florida Rule of Civil Procedur
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642 So. 2d 1149·
Fla. 5th DCA·
1994-09-23
·cited 26×
This case addresses whether a Florida trial court had personal jurisdiction over American Financial Security Life Insurance Company (AFSLIC), a Missouri-domiciled insurance company, in a breach of contract action. The appellate court held that although AFSLIC's appointment of the
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641 So. 2d 1377·
Fla. 4th DCA·
1994-09-09
·cited 26×
Yardarm Restaurant sued the City of Pompano Beach for inverse condemnation, alleging the city's obstructionist permitting practices from 1974 to 1985 constituted an unlawful taking of its property. The trial court found a permanent taking based on the city's improper interference
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561 So. 2d 1236·
Fla. 4th DCA·
1990-05-16
·cited 26×
The court clarifies its prior order regarding a Public Defender's motion to withdraw as counsel in 200 cases due to backlog, denying withdrawal in 100 cases while explaining the reasoning.
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The court held that a policy-making public office, even if unpaid, is not 'property' protected by the Due Process Clause, and federal courts should not interpret state law or constitutional issues unnecessarily.
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The court held that the Hacienda Hotel's practices of terminating pregnant employees, failing to accommodate religious beliefs, and retaliating against employees for opposing discrimination violated Title VII. The court also affirmed liability for sexual harassment creating a hos
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880 F.2d 1325·
D.C. Cir.·
1989-07-18
·cited 26×
The district court lacked jurisdiction to hear the case because the Immigration Reform and Control Act of 1986 (IRCA) mandates that judicial review of legalization determinations be conducted exclusively in the courts of appeals following exhaustion of administrative remedies.
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The court should hold the Church estopped from appealing the denial of its subsequent application for preliminary relief.
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The court held that the plaintiffs failed to provide sufficient evidence of retaliation to warrant a preliminary injunction.
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Minimatic Components and Leon Shaw appealed a temporary injunction issued by the trial court that prevented Shaw from ousting Westinghouse from leased premises in Minimatic's manufacturing plant. The appellate court vacated the injunction, finding it was issued without adequate n
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793 F.2d 846·
7th Cir.·
1986-06-12
·cited 26×
The court held that Gekas was a prevailing party entitled to attorney's fees under 42 U.S.C. § 1988, but vacated the fee award due to inadequate explanation and remanded for recalculation.
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The court held that while the FmHA's acceptance of a lower cash bid over a higher credit bid based on an unwritten policy was arbitrary and capricious, the district court erred in ordering the property sold to the higher bidder. The case must be remanded for proper adherence to r
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774 F.2d 1414·
9th Cir.·
1985-10-25
·cited 26×
The court held that the district court abused its discretion by denying a preliminary injunction, as it failed to give proper weight to the statutory policy protecting Native Alaskan subsistence needs and culture.
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760 F.2d 343·
1st Cir.·
1985-03-29
·cited 26×
The court held that the fine imposed was an invalid civil contempt sanction and that the appellant had a Fifth Amendment privilege against self-incrimination regarding her oral testimony. However, the court found that the Fifth Amendment did not protect the production of document
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Under the Federal Arbitration Act, a district court has discretion to grant a preliminary injunction to preserve the status quo pending arbitration if the enjoined conduct would render the arbitration process a 'hollow formality'.
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The court held that the plaintiffs failed to demonstrate irreparable harm, which is a prerequisite for a preliminary injunction, due to their significant delay in seeking relief and other factors.
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754 F.2d 120·
3d Cir.·
1985-01-29
·cited 26×
The court affirmed the denial of a motion to modify an injunction setting jail population limits, finding no abuse of discretion. However, it vacated a $5,000 per prisoner sanction for releasing inmates, finding it lacked specificity and a nexus to the underlying violations.
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459 So. 2d 1089·
Fla. 1st DCA·
1984-11-01
·cited 26×
This case involves a dispute over waterfront property in East Pensacola Heights created by accretion. The appellate court reversed the trial court's judgment quieting title in Dickson and Williams, finding they failed to establish valid title and overlooking the public dedication
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The court held that District of Columbia tort law recognizes a cause of action for the cost of diagnostic examinations necessitated by a defendant's negligence, even in the absence of proven physical injury, and that a mandatory preliminary injunction requiring the defendant to f
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743 F.2d 677·
9th Cir.·
1984-09-25
·cited 26×
The court held that the Bonneville Power Administration (BPA) violated the National Environmental Policy Act (NEPA) by failing to prepare an Environmental Impact Statement (EIS) before offering long-term power delivery contracts. However, the court declined to enjoin the operatio
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The court held that Dr. Premachandra was not a prevailing party entitled to attorney's fees because prior judicial denials of injunctive relief indicated the VA's actions were not legally required and therefore gratuitous.
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716 F.2d 1403·
D.C. Cir.·
1983-09-02
·cited 26×
The court held that because the parties' interests are no longer adverse, the appeal no longer presents a case or controversy, requiring dismissal.
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The court held that the district court erred in denying AMF's motion for civil contempt, finding that the defendants violated the consent decree by continuing to use prohibited names in directory listings and by drop-shipping non-AMF flowmeters with AMF's trademarks.
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A non-signatory to a collective bargaining agreement can be a proper party to a suit brought under § 301(a) of the Labor Management Relations Act if the resolution of the lawsuit is focused upon and governed by the terms of the contract.
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The court held that the June 1, 1982 order was appealable as it raised a new issue (Eleventh Amendment immunity) not previously litigated, but the appeal was limited to that issue. The Eleventh Amendment prohibits retroactive AFDC payments for the period before the January 14, 19
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The court held that while the 4-R Act applies and authorizes injunctions, the district court erred in determining the applicable tax rate for commercial and industrial property, requiring a remand.
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The dissenting judge would hold that the Fund, as a creature of the collective bargaining agreements, is bound by their terms regarding benefit levels and cannot unilaterally alter them.
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418 So. 2d 370·
Fla. 5th DCA·
1982-08-18
·cited 26×
Florida Land Company appealed the denial of its motion for a temporary injunction to halt Orange County's Ordinance 81-14, which allocated sewage treatment capacity. The court affirmed the denial, holding that the appellant failed to demonstrate that the injunction would serve th
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665 F.2d 795·
7th Cir.·
1981-12-08
·cited 26×
The court held that the district court abused its discretion in granting a preliminary injunction because the plaintiff failed to demonstrate irreparable harm and an inadequate remedy at law, and the balance of hardships and public interest did not favor the injunction.
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The court held that the district court did not abuse its discretion in granting a preliminary injunction because the Reserve Bank lacked statutory authority to refuse processing of the associations' checks and drafts.
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667 F.2d 77·
Temp. Emer. Ct. App.·
1981-10-14
·cited 26×
The court held that the term 'wells that produced crude oil' in the Marginal Property Rule has a plain meaning that includes injection wells, and the agency failed to adequately express an intent to exclude them.
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650 F.2d 1127·
9th Cir.·
1981-07-13
·cited 26×
The court held that the California sales tax is unconstitutional as applied to leases of tangible personal property to the United States because the legal incidence of the tax falls on the United States.
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650 F.2d 1085·
9th Cir.·
1981-07-13
·cited 26×
The court held that Union Pacific's dispatchers are not exempt from overtime pay under the Motor Carrier Act, and their failure to pay overtime was willful, thus the three-year statute of limitations applies.
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648 F.2d 1020·
5th Cir.·
1981-06-23
·cited 26×
The court held that while most provisions of the Texas obscenity statute are constitutional, abstention is appropriate for three specific provisions pending state court interpretation to avoid premature constitutional adjudication.
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The court held that the district court abused its discretion by allowing the plaintiff to introduce undisclosed witnesses and exhibits and present a new theory of the case, thus invalidating the preliminary injunction and subsequent contempt finding.
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394 So. 2d 1069·
Fla. 4th DCA·
1981-03-04
·cited 26×
This case concerns the enforceability of a non-competition clause in an employment contract. The appellate court held that the trial court erred by modifying the geographical scope of the clause when that issue was not properly raised or tried, affirming the contract's original t
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The court held that the preliminary injunction was overly broad and reversed its issuance, remanding for revision.
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The Tax Injunction Act (28 U.S.C. § 1341) bars federal court jurisdiction over suits seeking to enjoin, suspend, or restrain the collection of state taxes when a plain, speedy, and efficient remedy is available in state courts, including suits for tax refunds.
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The court held that the district court abused its discretion in granting a preliminary injunction requiring the City to reinstate the Chief of Police, as the City's reliance on state legislative judgment regarding a bona fide occupational qualification for protective service empl
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618 F.2d 665·
10th Cir.·
1980-03-25
·cited 26×
State hunting and fishing laws do not apply to tribal members on allotted or trust lands within the former reservation, as these lands constitute 'Indian Country'.
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The Florida Supreme Court upheld a temporary injunction prohibiting the use of cannabis as a religious practice by the Ethiopian Zion Coptic Church and enjoining use of residential property as a church in violation of zoning ordinances. The court held that Florida's compelling in