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 lacked subject matter jurisdiction to review the EPA's administrative order on its merits before an enforcement action, and that Wagner's constitutional claims were without merit.
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In this appeal from a non-final order, the Fourth District Court of Appeal reversed the trial court's denial of a motion to dissolve a temporary injunction, holding that plaintiffs seeking to collect on a promissory note had an adequate remedy at law through money judgment and pr
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The court affirmed the denial of motions to dissolve the preliminary injunction and dismissed appeals challenging orders that barred evidence of fraud and denied summary judgment, based on the law of the case doctrine.
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The court held that the district court did not abuse its discretion in granting a preliminary injunction, even if the merits present a close question.
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Prosecutors are absolutely immune from damages liability for actions taken within the scope of their prosecutorial duties, and the State is immune from suit under the Eleventh Amendment.
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446 So. 2d 177·
Fla. 5th DCA·
1984-02-02
·cited 25×
A class action by mobile home park tenants challenges the new owner's rent increases and unilateral changes to park rules regarding water, sewer, and garbage services. The appellate court holds that rent increases must be based on variable costs of park operations (not purchase-r
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The court held that disputes arising from post-termination solicitation and record retention by former employees are arbitrable under the Federal Arbitration Act and NYSE rules, and that the district court erred in granting injunctive relief.
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709 F.2d 922·
5th Cir.·
1983-07-18
·cited 25×
The court held that the Texas statute's rate-setting provision for political advertising is unconstitutional due to federal preemption, but the sponsorship identification requirement is valid for non-federal candidates and issues.
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The court held that a pretrial restraining order under RICO is an appealable interlocutory order and that the government must present evidence at a hearing to justify its issuance, not rely solely on the indictment.
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The court held that the district court lacked jurisdiction to decide the merits of the dispute because it was arbitrable under the collective bargaining agreement, and the preliminary injunction was overbroad.
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A mandatory injunction cannot be granted prior to a final hearing unless the right is clear and free from doubt.
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The district court's order impounding ballots pending discovery was an appealable preliminary injunction, but the court lacked jurisdiction to entertain the employer's counterclaim challenging the representation proceeding's procedural irregularities.
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573 F.2d 400·
7th Cir.·
1978-02-14
·cited 25×
The court held that the evidence did not demonstrate purposeful inter-district racial discrimination justifying a mandatory inter-district student reassignment.
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Uni-Chem Corporation sought a temporary injunction to enforce a non-compete agreement against former salesmen who violated the covenant by immediately joining a competitor. The trial court denied the temporary injunction, and the appellate court affirmed, holding that even with a
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336 So. 2d 1156·
Fla.·
1976-07-30
·cited 25×
The Florida Supreme Court held that Florida's real estate licensing statute, as applied to mortgage company employees selling repossessed residential properties, violates equal protection guarantees because the statutory exceptions for corporate officers bear no rational relation
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334 So. 2d 563·
Fla.·
1976-06-04
·cited 25×
The Florida Supreme Court upheld Chapter 470, Florida Statutes, regulating funeral directing as constitutional and correctly applied to a cremation business operating without a funeral director's license. The court affirmed an injunction against the Telophase Society for engaging
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The court held that federal courts should not intervene in pending state criminal prosecutions absent a showing of bad faith, harassment, or other special circumstances, even if the federal suit was filed first.
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286 So. 2d 610·
Fla. 4th DCA·
1973-11-23
·cited 25×
Frank Sawyer appeals a judgment denying his request for an injunction and damages against John Modrall for trespass on Sawyer's submerged property. The court reverses, holding that Sawyer obtained marketable record title to the disputed underwater land through an 1890 deed from t
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Summary dismissal of a civil rights action challenging police hair grooming regulations was improper because the department failed to demonstrate a legitimate state interest justifying the restriction on personal liberty.
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The court held that while the claim might be justiciable, it likely presented a political question and the balance of equities did not favor a preliminary injunction.
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415 F.2d 373·
2d Cir.·
1969-08-27
·cited 25×
The dissenting judge believes the plaintiff's damages award was inflated and should be reduced by apportioning profits from unpatented components and machines.
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364 F.2d 241·
2d Cir.·
1966-07-12
·cited 25×
The court held that the Poultry Products Inspection Act does not preempt state regulation of poultry product labeling, and that the appellants failed to demonstrate an irreconcilable conflict between federal and New York labeling requirements.
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183 So. 2d 30·
Fla. 2d DCA·
1966-01-21
·cited 25×
Thompson owned a portion of a lot in a residential subdivision subject to restrictive covenants requiring residential-only use. She constructed a roadway across her lot to connect the Thompson Estates subdivision with the neighboring Mobile Home Estates. The trial court granted a
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342 F.2d 737·
2d Cir.·
1965-03-12
·cited 25×
The court held that the trial court misconstrued the secrecy provisions of the licensing agreements, and a trade secret can exist in a unique combination of publicly known components.
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The court held that the prior order was appealable and that the District Court erred in denying the application for a preliminary injunction.
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Property owners sought injunctive relief and damages after Orange County built dams on Long Lake that allegedly raised water levels during a natural disaster, causing flooding of their lands and businesses. The trial court denied relief, finding the county's actions were temporar
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Hunt Land Holding Company appealed a mandatory injunction requiring removal of a dam across a drainage ditch. The court affirmed, holding that an easement by prescription can be created without exclusive use if the use is open, notorious, continuous, and inconsistent with the own
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116 So. 2d 472·
Fla. 2d DCA·
1959-12-04
·cited 25×
City commissioners sought to enjoin a recall election by challenging the sufficiency of grounds stated in the recall petition. The Florida District Court of Appeal reversed the lower court's order allowing the election, holding that the petition's statement of grounds failed to m
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113 So. 2d 884·
Fla. 3d DCA·
1959-07-02
·cited 25×
Northeast Airlines sued the Dade County Port Authority for charging it discriminatory landing fees and passenger taxes substantially higher than those charged to competitor airlines. The trial court dismissed the suit on the ground that the airline must first exhaust administrati
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99 So. 2d 292·
Fla.·
1957-12-18
·cited 25×
The Florida Supreme Court held that the statutory exemption for "occasional and isolated sales" applies to both sales tax and use tax, and that animals purchased from non-profit zoological institutions by Africa, U.S.A. qualified for this exemption. However, the Court reversed as
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90 So. 2d 906·
Fla.·
1956-11-28
·cited 25×
A Florida hotel owner challenged a city zoning inspector's order to remove a sign advertising the hotel's parking, coffee shop, and cocktail lounge. The Florida Supreme Court upheld the sign removal, holding that the sign violated zoning ordinances by effectively advertising inde
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63 So. 2d 916·
Fla.·
1953-03-24
·cited 25×
The Florida Supreme Court held that a contract between the City of Miami and The First Boston Corporation, whereby the corporation served as the city's financial advisor for municipal bonds while simultaneously attempting to purchase those bonds, violated public policy and was vo
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59 So. 2d 20·
Fla.·
1952-04-29
·cited 25×
The Supreme Court of Florida addressed whether a supplemental decree interpreting a prior injunction impermissibly diluted the original injunction's protection. The court found that the supplemental decree, which allowed defendants to use the phrase "A Court with Quality," underm
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56 So.2d 716·
Fla.·
1952-02-05
·cited 25×
The Florida Supreme Court reviewed an order denying a motion to dismiss a lawsuit concerning the election of Republican Party national committeemen and delegates. The court held that for parties receiving less than 20% of the vote, the state executive committee has sole discretio
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49 So.2d 843·
Fla.·
1951-01-09
·cited 25×
The Florida Supreme Court reversed a lower court's decision regarding a boundary dispute. The court held that an agreed-upon fence line, established by the parties and their successors through acquiescence and occupation, served as the legal boundary, even if it differed from the
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46 So. 2d 392·
Fla.·
1950-04-14
·cited 25×
The Florida Supreme Court affirmed a lower court's injunction preventing a landowner from pumping water from a shallow lake for irrigation during dry seasons. The court held that all riparian owners have equal rights to the lake's water, and one owner's use cannot detrimentally a
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Homeowners in the Laguna Beach subdivision sought an injunction to prevent Gulf Properties of Alabama from subdividing and selling beachfront property that the developer had represented and marked on original plats as "Beach Reserved" for public use. The Florida Supreme Court rev
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151 F.2d 817·
6th Cir.·
1945-11-12
·cited 25×
The court held that the Emergency Price Control Act empowers district courts to order restitution for past price overcharges under § 205(a), in addition to injunctions.
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155 Fla. 245·
Fla.·
1944-11-28
·cited 25×
The Florida Supreme Court upheld legislative requirements that labor union business agents obtain state licenses and that labor organizations file annual reports, rejecting constitutional challenges based on First Amendment rights and claiming the regulations unduly restrained fr
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122 Fla. 200·
Fla.·
1935-12-03
·cited 25×
Fleming challenges Dade County's imposition of property taxes on her homestead for debt service on refunding bonds delivered after Florida's November 6, 1934 Homestead Tax Exemption Amendment. The Florida Supreme Court holds that refunding bonds delivered post-amendment are new c
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119 Fla. 515·
Fla.·
1935-03-26
·cited 25×
Florida's Supreme Court upheld the constitutionality of Florida's securities regulatory statutes (Chapters 14899 and 16174) against claims that their exemptions and classification of dealers violated due process and equal protection guarantees. The court reversed the lower court'
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105 Fla. 1·
Fla.·
1932-04-15
·cited 25×
Bailey, Somers, and Estes, as original mortgagors who became sureties after conveying mortgaged property to Campbell, sought to enjoin an action on promissory notes secured by a mortgage. They claimed release from surety liability based on partial releases of mortgaged property a
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100 Fla. 78·
Fla.·
1930-06-24
·cited 25×
The Florida Supreme Court reviewed a case where a county sheriff sought to sell impounded livestock. The court found the relevant act unconstitutional because it violated the Equal Protection Clause of the Fourteenth Amendment by treating owners of livestock differently based on
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81 Fla. 436·
Fla.·
1921-04-02
·cited 25×
The Town of Brooksville and a resident sought to enjoin the Florida Telephone Company from charging rates higher than those fixed in its franchise ordinance. The Florida Supreme Court held that rates set by a municipality in a franchise are subject to legislative control through
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This case involves a dispute over land ownership and timber rights. The appellate court affirmed the lower court's decision to grant a perpetual injunction against the defendants, finding that the complainants had sufficiently proven their ownership of the land.
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36 Fla. 36·
Fla.·
1895-06-01
·cited 25×
The Pensacola City Company and other property owners sued to quiet title to land in Pensacola originally granted to Gabriel de Rivas, and to enjoin the Caro family heirs and others from claiming ownership, trespassing, and interfering with possession. The Florida Supreme Court af
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25 Fla. 927·
Fla.·
1889-06-01
·cited 25×
The Florida Supreme Court reversed a lower court decree that granted a personal money judgment against a married woman for alleged fraud in a land sale contract. The court held that under common law, a married woman cannot be held personally liable for breach of contract or fraud
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14 Fla. 256·
Fla.·
1873-01-01
·cited 25×
This case concerns whether private individuals can seek an injunction to stop an alleged de facto municipal corporation from exercising its powers. The court held that such an action can only be brought by the State, not by private citizens, even after the enactment of the Code w
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The court held that a petitioner must present competent, substantial evidence of an objectively reasonable fear of imminent domestic violence to support an injunction.
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937 So. 2d 114·
Fla.·
2006-04-06
·cited 24×
The Florida Supreme Court reversed the Fourth District Court of Appeal's decision striking down the Woman's Right to Know Act's informed consent requirement for abortion procedures. The Court held that the Act's requirement that physicians inform patients of medical risks is a co