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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The court held that the district court did not abuse its discretion in issuing a preliminary injunction against the enforcement of certain state regulations, as the doctrine of primary jurisdiction did not bar a judicial determination of federal preemption.
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376 So. 2d 1174·
Fla. 1st DCA·
1979-10-04
·cited 26×
This case involves a dispute among co-trustees of the Alfred I. DuPont testamentary trust regarding the sale of Florida National Banks stock. The appellate court reversed an award of interim attorney's fees to trustee Mills, holding that while attorney's fees may be awarded to a
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The court held that the district court abused its discretion in granting a preliminary injunction because the plaintiffs failed to establish a substantial likelihood of success on the merits and irreparable injury.
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A HUD attorney in the excepted service, terminated without a hearing, has a property interest in continued employment based on HUD Handbook 302.2, entitling them to a hearing to challenge the sufficiency of the grounds for discharge.
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The court held that the chancellor did not abuse discretion in denying the motion for a preliminary injunction.
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578 F.2d 793·
9th Cir.·
1978-06-12
·cited 26×
The court held that federal courts should not intervene to prevent the FTC from investigating union locals and their officers, as the unions failed to demonstrate irreparable injury or a clear lack of FTC jurisdiction, and the issue of § 10's constitutionality was not justiciable
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The court held that the practice of Illinois County Clerks placing their own party's candidates in the top ballot position violates the Equal Protection Clause, but vacated the district court's specific rotational remedy, remanding for the clerks to devise a constitutionally perm
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The court held that while appellants violated Section 13(d) by failing to file a timely and accurate Schedule 13D, they should not have been enjoined from voting their legally acquired shares as no irreparable harm was shown for that specific relief.
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The court held that the district court erred in dismissing the action and granting summary judgment, as the fire-hire policy was intertwined with the major dispute regarding crew complement, necessitating a status quo injunction.
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343 So. 2d 1329·
Fla. 1st DCA·
1977-03-30
·cited 26×
Davis, a deep-sea fishing operator, sought relief from back admission taxes after the Department of Revenue reversed course on tax liability. The court held that estoppel applies against the state because Davis reasonably relied on a prior appellate decision invalidating the tax
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553 F.2d 1352·
D.C. Cir.·
1977-03-21
·cited 26×
The court held that the pension fund's denial of Norton's pension benefits, based on a retroactive application of an amended rule and forfeiture provisions, was arbitrary and capricious.
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The court held that the district court applied the correct standard for union liability under the Taft-Hartley Act, but erred in excluding evidence of past strikes and in not fully developing the agency status of striking committeemen.
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The court held that appeals from interlocutory orders denying preliminary injunctions in private actions arising under the Economic Stabilization Act and Allocation Act require certification by the district court, and absent such certification, this court lacks jurisdiction.
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The dissent argues that minority residents of a county should have standing to challenge federal agency inaction in furthering housing policy mandates.
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The court held that the trial court did not abuse its discretion in granting a preliminary injunction, finding no clear error in its determination of a likelihood of success on the merits.
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500 F.2d 167·
5th Cir.·
1974-09-09
·cited 26×
The court held that the 1972 Federal Water Pollution Control Act Amendments did not abate pending Refuse Act suits, and that the doctrine of primary jurisdiction did not require remand to the EPA. The court also found the barging injunction lacked a proper basis.
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The court held that state highway commissions must comply with federal relocation and environmental protection statutes before project approval and federal funding, not merely as an option to receive funding.
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An order granting a preliminary injunction against arbitration proceedings is an appealable interlocutory order under 28 U.S.C. § 1292(a)(1), and the district court improvidently exercised its discretion in issuing such an injunction without sufficient basis.
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264 So. 2d 35·
Fla. 3d DCA·
1972-06-13
·cited 26×
A Florida freight cartage company (Jet Air Freight, incorporated 1960) sought to enjoin a nationwide air freight forwarder (Jet Air Freight, incorporated 1959 as Jet Transportation) from using the similar name in Dade and Broward Counties. The trial court granted a partial injunc
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The court held that a contempt order based on violation of a preliminary injunction must be reversed if the injunction's terms do not specifically prohibit the conduct found to be contemptuous.
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The court held that the appellants received sufficient notice of the contempt charges and that the evidence supported their convictions for violating the preliminary injunction.
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The court held that the plaintiff failed to demonstrate irreparable injury, a prerequisite for a preliminary injunction, because potential lost income from a unique film could be adequately remedied by monetary damages.
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The court held that Section 12 of Michigan Act 48 is unconstitutional as it violates the Fourteenth Amendment by impeding the Detroit Board of Education's efforts to achieve racial balance in schools. The court also reversed the dismissal of the Governor and Attorney General as p
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The court held that a temporary restraining order, even if short-lived, can be appealable if it functions as a mandatory injunction. However, the order in this case was vacated as an abuse of discretion.
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426 F.2d 664·
D.C. Cir.·
1970-03-26
·cited 26×
The court held that the order denying a stay of criminal proceedings was appealable as a final decision, but that the stay of civil proceedings was an abuse of discretion and should be vacated.
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The district court correctly dismissed the action for want of subject-matter jurisdiction, as the determination of whether an article is an import falls exclusively within the jurisdiction of the Customs Court.
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The denial of a motion to stay proceedings pending arbitration is not an immediately appealable interlocutory order under 28 U.S.C. § 1292(a)(1) when the underlying action seeks substantial equitable relief, even if legal relief is also sought.
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396 F.2d 224·
5th Cir.·
1968-05-08
·cited 26×
The court held that the Louisiana High School Athletic Association's (LHSAA) activities constitute state action and that denying membership to St. Augustine High School on racial grounds or through an arbitrary vote violates constitutional standards.
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A federal court has jurisdiction to enforce an arbitrator's cease and desist order regarding work stoppages, even though the Norris-LaGuardia Act generally prohibits injunctions in labor disputes.
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379 F.2d 803·
10th Cir.·
1967-06-22
·cited 26×
The court held that the Department of the Interior's consistent interpretation of 'oil' in patent reservations to include 'oil shale' under the 1914 Act is reasonable and should be respected.
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The court held that a permanent injunction is warranted despite the employer's current compliance, given a history of persistent violations and demonstrated indifference to the Fair Labor Standards Act.
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376 F.2d 601·
4th Cir.·
1967-04-19
·cited 26×
The court held that events occurring subsequent to the district court's decision should not be considered when determining the appealability of that judgment.
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The court held that the plaintiffs, investor-owned electric companies, lacked the requisite standing to challenge a loan made by the Rural Electrification Administration to a cooperative, and that the courts lacked jurisdiction to review such loan decisions.
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A preliminary injunction against trademark infringement is modified to allow the sale of existing inventory, but further use of the infringing mark is prohibited.
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The court held that the district court did not abuse its discretion in denying a preliminary injunction because the appellant failed to provide sufficient evidence of irreparable injury.
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The court held that the plaintiffs' claims could be aggregated to meet the jurisdictional amount because they had a common and undivided interest in the defendant's conduct, and that the restrictive covenant in the employment contracts was reasonable and enforceable under Minneso
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349 F.2d 704·
D.C. Cir.·
1965-05-06
·cited 26×
The court held that the Board's refusal to allow the union to present evidence of employer instigation during a representation election hearing did not violate due process.
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174 So. 2d 395·
Fla.·
1965-04-21
·cited 26×
The Florida Bar petitioned the Florida Supreme Court to hold Albert P. Town in contempt for unauthorized practice of law by forming corporations and preparing corporate documents without being a licensed attorney. The Court held that preparing corporate charters and related docum
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172 So. 2d 646·
Fla. 1st DCA·
1965-03-16
·cited 26×
St. Joe Paper Company challenged a personal property tax assessment by Calhoun County Tax Assessor for allegedly lacking a filed schedule of property. The court held that the failure to file a schedule is a correctable procedural omission that does not void an otherwise valid ass
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340 F.2d 206·
2d Cir.·
1965-01-08
·cited 26×
A union member's suit under Title V of the LMRDA requires a prior request to the union for action, and allegations of procedural irregularities in passing a resolution do not state a claim under Title V.
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The appellate court affirmed the trial court's decision, finding no clear error in the factual findings and no abuse of discretion in denying the injunction.
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330 F.2d 833·
D.C. Cir.·
1964-03-05
·cited 26×
The court held that the district court correctly dismissed the complaint for lack of jurisdiction because the plaintiffs failed to establish a case or controversy. The plaintiffs' fears of prosecution were too speculative and generalized.
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315 F.2d 364·
3d Cir.·
1963-03-20
·cited 26×
A clause in an exclusive airport franchise agreement, defining vehicles used by tour operators as 'vehicles for hire,' is invalid as an unreasonable burden on interstate commerce when applied to transport that is an integral part of an all-expense interstate tour.
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310 F.2d 99·
7th Cir.·
1962-11-28
·cited 26×
The court held that the plaintiffs lacked standing to sue in federal court and failed to raise a substantial federal question, thus affirming the district court's dismissal.
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311 F.2d 215·
3d Cir.·
1962-10-31
·cited 26×
The court held that the appellant failed to allege facts establishing a cause of action under federal law for violations of his civil rights or equal protection.
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The court held that an offer of counsel 17 months after an invalid parole revocation hearing does not cure the defect, and the prisoner must be released.
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The court held that the school board's arguments against the injunction were without merit, affirming the lower court's grant of summary judgment for desegregation.
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280 F.2d 611·
D.C. Cir.·
1960-05-12
·cited 26×
The District Court correctly dismissed the complaint for lack of jurisdiction, as the Customs Court has exclusive jurisdiction over import tax disputes, and a single judge can dismiss for lack of jurisdiction.
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A party can waive the right to strict compliance with Rule 65(d)'s specificity requirements for injunctions by consenting to the form of the injunction order.
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The Florida Supreme Court resolved conflicting interpretations of a "Right-of-Way Deed" between the State Road Department/Dade County and theater operators regarding property access along State Road 826. The Court held that the deed created only an additional easement rather than