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 court cannot adjudicate property rights or award lump sum alimony in an action for alimony unconnected with divorce, but can award periodic alimony, suit money, and injunctions.
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107 So. 2d 369·
Fla.·
1958-12-03
·cited 26×
The Florida Supreme Court affirmed a trial court decree requiring removal of a garage constructed by Conrad in violation of the municipal zoning ordinance's rear yard requirements. The Court rejected appellants' arguments that the construction did not violate the ordinance and th
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257 F.2d 485·
3d Cir.·
1958-07-16
·cited 26×
The court held that the district court erred in dismissing the first count for lack of jurisdiction and failure to state a claim, finding an actual controversy existed under the Declaratory Judgment Act and that the court had jurisdiction over the trademark dispute.
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This appeal concerns the applicability of the "two-dismissal" rule to a suit filed by George M. Crump, where the lower court held the suit barred under the rule based on prior dismissals by a different plaintiff, Crowder.
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79 So. 2d 667·
Fla.·
1955-04-06
·cited 26×
The Florida Supreme Court upheld Dade County's authority to lease a portion of a public park to a private company for construction and operation of a fishing pier. The court held that leasing 40 feet of oceanfront beach for a fishing pier was a permissible incidental use under th
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The court held that the Economy Act divested federal courts of jurisdiction to review the Administrator's decision regarding pension benefits, and even if review were possible, the annulment decree did not retroactively validate the plaintiff's status as an unremarried widow.
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192 F.2d 872·
2d Cir.·
1951-12-04
·cited 26×
The court held that the trial court did not err in denying summary judgment and issuing an injunction, nor in denying other requested relief.
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The court held that the trial court did not abuse its discretion in denying the motions to dissolve the temporary restraining order, and that the appeal served no useful purpose.
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179 F.2d 796·
D.C. Cir.·
1949-12-19
·cited 26×
The Administrative Procedure Act allows for judicial review of deportation orders through declaratory judgment, not solely habeas corpus, and an alien with a temporary visa facing a deportation order is not "residing in the United States" for the purpose of military service exemp
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177 F.2d 942·
6th Cir.·
1949-11-28
·cited 26×
The court held that the district court lacked jurisdiction to grant an injunction because the Federal Power Commission has primary jurisdiction over natural gas service regulation, and any reduction in service constitutes an abandonment requiring Commission approval.
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176 F.2d 783·
5th Cir.·
1949-08-13
·cited 26×
The court affirmed the patentability and infringement of the Three Cone Bit patent but dissented on the validity of the Garfield and Scott patent.
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171 F.2d 594·
7th Cir.·
1948-12-14
·cited 26×
The court held that a National Railroad Adjustment Board award is void if issued without notice to affected employees, depriving them of due process.
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The court held that the district court had jurisdiction to enter the judgment based on the confession, as it was a valid agreement between the parties, and affirmed the denial of the motions to vacate.
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160 Fla. 892·
Fla.·
1948-10-19
·cited 26×
A.J. Cleary sought to enjoin the City of Miami from transferring Jackson Memorial Hospital to Dade County, Florida. The Florida Supreme Court affirmed dismissal of the complaint, holding that the City had clear statutory authority to make the transfer and that Cleary's four objec
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167 F.2d 155·
5th Cir.·
1948-03-18
·cited 26×
The court held that the district court erred in granting a temporary injunction to enjoin prosecution of a separate civil action in another federal district, as the doctrine of forum non conveniens was inapplicable and venue was properly laid.
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155 F.2d 767·
8th Cir.·
1946-06-10
·cited 26×
The court held that the lower court erred in granting injunctive relief to the defendants, as divisions of net land grant rates can only be fixed by contract between carriers, not by judicial decree. The court affirmed the denial of the plaintiffs' petition.
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157 Fla. 89·
Fla.·
1946-02-15
·cited 26×
Gibbs Crompton appealed the dismissal of his bill of complaint seeking to enjoin an ejectment suit by A. J. Kirkland, who held a tax deed with an erroneous description encompassing part of Crompton's land. The Florida Supreme Court reversed the dismissal, holding that equity has
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156 Fla. 592·
Fla.·
1945-11-27
·cited 26×
A property owner challenged Dade County zoning regulations that prevented him from developing his suburban land as an airport, claiming the restrictions amounted to confiscation without due process and were unreasonable and discriminatory. The Florida Supreme Court reversed the d
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148 Fla. 612·
Fla.·
1941-12-05
·cited 26×
This case reviews a permanent injunction against Florida's chain store tax. The court held that filling stations selling any products other than exclusively gasoline and petroleum products were subject to the tax, reversing the lower court's decision.
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4 So. 2d 116·
Fla.·
1941-10-07
·cited 26×
The court considered whether mandamus was the proper remedy for a relator seeking a liquor license when the city's zoning ordinance prohibited it. The court found that mandamus was not appropriate because the relator's right was not clear and the city council had discretion in gr
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The court held that the federal court lacked jurisdiction due to destroyed diversity of citizenship and the existence of an adequate remedy at law under Missouri statutes, precluding equitable relief.
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133 Fla. 244·
Fla.·
1938-05-14
·cited 26×
A City Commissioner sought to enjoin his recall election under Miami's charter statute, arguing the recall affidavit lacked sufficient qualified electors and was improperly executed. The Florida Supreme Court reversed the lower court's order and remanded, holding that while due p
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127 Fla. 585·
Fla.·
1937-03-29
·cited 26×
Property owners sought equitable relief to enjoin the City of Miami from summarily destroying their rental dwelling houses without notice or hearing. The Florida Supreme Court held that the bill stated a valid claim for equitable jurisdiction because the owners lacked an adequate
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127 Fla. 474·
Fla.·
1937-03-16
·cited 26×
The Florida Supreme Court reversed a chancellor's decision to allow reformation of a defectively-described deed, holding that a judgment creditor's lien on property not included in the original deed cannot be defeated by later equitable reformation that would relate back to the o
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124 Fla. 296·
Fla.·
1936-05-18
·cited 26×
The Florida Supreme Court reversed an injunction that exempted a non-resident from registering motor vehicles in Florida, holding that a non-resident who engages in business operations within the state—including transporting goods for sale to Florida customers—must register vehic
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108 Fla. 292·
Fla.·
1933-02-15
·cited 26×
The Florida Supreme Court held that Chapter 15186, Acts of 1931, authorizing Duval County to issue bonds for a toll bridge was unconstitutional because it was a special or local law that failed to comply with the constitutional requirement of either publishing notice of legislati
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91 Fla. 991·
Fla.·
1926-05-24
·cited 26×
L. Margaret Hart sought to enjoin execution of judgment against property she purchased, claiming the property was the homestead of the judgment debtor W. J. Trowell and thus exempt from creditor process. The Florida Supreme Court reversed the dismissal of her complaint, holding t
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78 Fla. 131·
Fla.·
1919-07-14
·cited 26×
The Florida Supreme Court affirmed a trial court's decision voiding a special paving assessment levied by the City of St. Cloud after the city had already fully funded and completed the street improvements through the sale of municipal bonds. The court held that special assessmen
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55 Fla. 745·
Fla.·
1908-01-01
·cited 26×
Indian River Manufacturing Company appealed a trial court decree that reformed a lease to add timber-cutting rights and dismissed the manufacturing company's injunction action against Frank Wooten. The Florida Supreme Court reversed, holding that the evidence did not satisfy the
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54 Fla. 563·
Fla.·
1907-06-01
·cited 26×
This case concerns the sufficiency of a mortgage's property description and the propriety of an injunction and receiver appointment. The court held that the description was sufficient between the parties and that the injunction and receiver were warranted.
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22 Fla. 198·
Fla.·
1886-01-01
·cited 26×
This case addresses whether a court of equity has jurisdiction to enjoin municipal officers from exercising corporate functions based on alleged irregularities in the town's incorporation proceedings. The Florida Supreme Court held that such challenges must proceed through quo wa
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20 Fla. 616·
Fla.·
1884-01-01
·cited 26×
The Florida Supreme Court rejected a writ of prohibition seeking to prevent a circuit court from appointing commissioners to appraise land for a railroad company's eminent domain proceedings, holding that the state's condemnation statute was constitutional when applied to a railr
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14 Fla. 32·
Fla.·
1871-04-01
·cited 26×
King, a tax assessor, sought to enjoin collection of taxes assessed against railroad land owned by Gwynn's principals. The Florida Supreme Court held that Gwynn, as mere agent without personal interest in the property, lacked standing to sue, and that equity would not enjoin tax
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12 Fla. 348·
Fla.·
1868-01-01
·cited 26×
Pinney sued Alden in equity to enjoin construction of an ice house on submerged land in front of his lot in Pensacola, claiming riparian proprietor rights. The Florida Supreme Court reversed the lower court's decree granting the injunction, holding that Pinney failed to prove he
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The Federal Trade Commission challenged a preliminary injunction against On Point Capital Partners and related entities for allegedly deceiving consumers through websites that misrepresented government services and sold personal information, and the court upheld the injunction's
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The trial court's order granting a temporary injunction must contain specific factual findings supporting the necessary elements for injunctive relief, and must address affirmative defenses.
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226 So. 3d 774·
Fla.·
2017-09-14
·cited 25×
The Florida Supreme Court held that home health service referral sources can constitute a protected legitimate business interest under Florida Statutes § 542.335, resolving a conflict between district courts. The Court approved the Fourth District's decision in White and quashed
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752 So. 2d 692·
Fla. 3d DCA·
2000-02-16
·cited 25×
The appellate court affirmed the trial court's denial of a motion to modify a permanent injunction, finding no abuse of discretion.
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748 So. 2d 358·
Fla. 5th DCA·
1999-12-30
·cited 25×
The court held that the trial court erred in granting an ex parte temporary injunction without strict compliance with Florida Rule of Civil Procedure 1.610(a).
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The Florida Supreme Court held that violations of the bingo statute (section 849.0931) do not constitute illegal lotteries subject to RICO forfeiture, regardless of whether the organization conducting bingo is authorized or unauthorized. The Court rejected the district court's ar
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The Florida Supreme Court adopted comprehensive Florida Family Law Rules of Procedure as a separate procedural framework for family law cases, substantially modifying the Family Law Rules Committee's proposed rules to reduce complexity, eliminate unnecessary incorporation of civi
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In this family law appeal, the Florida Fifth District Court of Appeal reversed the trial court's denial of the wife's motion to divest jurisdiction over a dissolution of marriage and child custody action. The court held that the trial court lacked both personal jurisdiction over
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Cable companies have an implied right of action under section 621(a) of the Cable Act against private developers who block construction of cable systems through easements dedicated to compatible uses, and this enforcement does not violate the fifth amendment takings clause.
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A plaintiff may proceed against a debtor to establish liability as a prerequisite to recovering from an insurer, even after the debtor's discharge, provided the debtor is not personally liable in a way that interferes with their fresh start.
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883 F.2d 1194·
3d Cir.·
1989-08-31
·cited 25×
The Court affirmed the district court's admission of statements made by a deceased party-opponent under Federal Rule of Evidence 801(d)(2)(A). However, the Court vacated the punitive damages award due to ambiguous jury instructions and vacated Savarese's compensatory damage award
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Sarasota Beverage Company appeals the denial of a preliminary injunction to enforce a noncompetition agreement against former employee Johnson who was hired by competitor Blaikie & Sons. The court reverses, holding that when a noncompetition agreement is reasonable as to time and
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855 F.2d 442·
7th Cir.·
1988-08-23
·cited 25×
The court held that a prisoner's Eighth Amendment claim regarding unsanitary conditions and dangerous inmate interactions requires more than a showing of negligence, but the district court improperly granted summary judgment without addressing the core allegations. The court also
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512 So. 2d 1059·
Fla. 4th DCA·
1987-09-09
·cited 25×
The denial of a temporary injunction is affirmed because the appellant failed to demonstrate irreparable harm or an abuse of discretion by the trial court.
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The court held that the Army Corps of Engineers violated the Endangered Species Act by allowing construction to continue without ensuring mitigation lands were secured and by refusing to reinitiate consultation with the Fish and Wildlife Service.
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The court affirmed the denial of a preliminary injunction, holding that the appellant failed to demonstrate a substantial likelihood of success on the merits or irreparable harm for its copyright infringement and trade secret misappropriation claims.