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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In this consolidated appeal, the Fourth District Court of Appeal affirmed summary judgment dismissing claims by the heirs of Maria Luisa Lobo Ryan and the estate of Julio Lobo Olabarria on statute of limitations grounds, but reversed and remanded the denial of attorney's fees to
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Knox appealed the denial of her request for a temporary injunction against the Brevard County School Board, claiming that closed interviews for a middle school principal position violated Florida's Sunshine Law. The court affirmed the denial, holding that the interview team serve
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Stanberry sued Escambia County for property damage caused by a retention pond overflow, obtaining a $600,000 jury verdict. The trial court granted remittitur reducing the award to $260,000 and denied his motion for a permanent injunction. The appellate court lacked jurisdiction t
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769 So. 2d 468·
Fla. 5th DCA·
2000-10-13
·cited 24×
Linda Brinkley appealed a trial court's finding that she was unfit to possess animals, the seizure of approximately 402 dogs and one bird from her property, and an injunction prohibiting her from possessing animals. The Florida appellate court upheld the seizure and injunction, r
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718 So. 2d 390·
Fla. 4th DCA·
1998-10-14
·cited 24×
This case addresses whether a condominium dispute filed in court without the statutorily required prior arbitration must be dismissed or merely stayed. The Florida Fourth District Court of Appeal held that such unauthorized filings must be dismissed as violating a condition prece
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721 So. 2d 735·
Fla. 1st DCA·
1998-07-27
·cited 24×
The court reversed an injunctive order issued by the trial court that imposed requirements on the appellants regarding use of disputed property by a church, finding the injunction was legally insufficient because it was entered sua sponte without a proper request, contained manda
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The court held that the plaintiff demonstrated a substantial likelihood of success on the merits regarding its trademark infringement claim, finding its mark had acquired secondary meaning.
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In this will contest appeal, the court reversed a trial court's order unfreezing assets that had been frozen pending resolution of a challenge to the validity of a will and trust agreement. The court held that assets should remain frozen during the pendency of an appeal challengi
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646 So. 2d 246·
Fla. 1st DCA·
1994-11-22
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Alcohol vendors challenged a Clay County ordinance banning the sale of alcoholic beverages on Christmas Day and Christmas night as an unconstitutional establishment of religion. The court upheld the ordinance, holding that Christmas has acquired sufficient secular traditions that
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The court affirmed the permanent injunction based on state-law claims and reversed the dismissal of certain plaintiffs for lack of standing, finding they had established a real and immediate threat of future injury.
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The court held that the district court abused its discretion by imposing fines for civil contempt without providing the County with adequate due process, specifically a show-cause order and a hearing.
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The court held that the district court lawfully enforced the arbitration award and issued a preliminary injunction, as the arbitration award drew its essence from the collective bargaining agreement and the district court properly considered the factors for injunctive relief.
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The court held that the district court had personal jurisdiction over Renee and that Keds was likely to succeed on its trademark infringement claim, warranting a preliminary injunction.
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P.C.B. Partnership challenged the dismissal of its amended complaint arising from the City of Largo's failure to construct a curvilinear road pursuant to a land disposition agreement. The court affirmed dismissal of the original claims but reversed and remanded, holding that the
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The court held that the district court did not abuse its discretion in denying the motion for a preliminary injunction to prevent the broadcast of a docudrama, as the plaintiff failed to meet the high burden required for a prior restraint on First Amendment rights.
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Section 301 of the LMRA preempts state law claims concerning drug testing when resolution substantially depends on the collective bargaining agreement, and a union must exhaust grievance procedures before a court can hear a breach of contract claim.
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The court held that Conrail's unilateral addition of drug screening to routine employee medical examinations constitutes a "major dispute" under the Railway Labor Act, requiring bargaining rather than being a "minor dispute" subject to the National Railroad Adjustment Board.
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844 F.2d 1310·
7th Cir.·
1988-04-13
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The majority reversed the district court's finding regarding the number of showers inmates should receive, but the concurring judge dissents from this part of the decision.
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The appellate court held that the trial court did not abuse its discretion in denying the motion to dissolve or modify the injunction freezing the disputed bank accounts.
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815 F.2d 778·
1st Cir.·
1987-03-30
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The district court lacked jurisdiction because the Commonwealth's claim sought monetary relief, which falls under the exclusive jurisdiction of the Claims Court under the Tucker Act.
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The court held that the term 'chocolate fudge' as applied to diet soda is generic and therefore unprotectable as a trademark because it denotes the genus of the product itself.
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751 F.2d 721·
5th Cir.·
1985-01-07
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The court held that the district court abused its discretion by denying the union's motion to dismiss the Texas action, as a prior-filed action in New York presented the same core issues regarding the validity of an arbitration award.
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745 F.2d 105·
1st Cir.·
1984-09-28
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The court held that the evidence was insufficient as a matter of law to allow a jury to find that WANS was generally recognized as safe or effective under the 1962 grandfather clause or current Act, due to changes in labeling and lack of scientific testing evidence.
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463 So. 2d 1114·
Fla.·
1984-09-13
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The Florida Supreme Court approved comprehensive amendments to the Florida Rules of Appellate Procedure to implement new statutory provisions, clarify procedural matters, and expand district court authority. The amendments address certified questions from county courts, partial f
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The court held that the district court did not abuse its discretion in issuing a preliminary injunction requiring seismic safety tests or closure of the school, as the students raised serious legal questions under federal law and the balance of hardships tipped sharply in their f
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The court held that Chrysler's forced early retirement policy, which denied employees over 55 the possibility of recall afforded to younger employees, violated the Age Discrimination in Employment Act (ADEA) because age was a determining factor and the policy was not the least-de
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The court held that the dispute between the UTU and Santa Fe was a minor dispute under the Railway Labor Act, and therefore the threatened strike was unlawful and properly enjoined.
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722 F.2d 1356·
7th Cir.·
1983-12-19
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A suit by trustees against an employer for contractual obligations under ERISA § 502(a)(3) is a legal action, not equitable, and thus carries a right to a jury trial.
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The dissenting judge would affirm the district court's finding of jurisdiction and its grant of a preliminary injunction, but would remand for modification of the injunction's terms to more accurately preserve the status quo.
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Federal courts should exercise caution when using equitable powers to enlarge congressionally created programs, ensuring actions align with congressional intent.
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The court held that the district court acted within its discretion in granting preliminary injunctive relief, but modified the form of the injunction. It found that section 7 of the Norris-LaGuardia Act did not bar relief in a major dispute under the RLA, but section 8 did not co
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411 So. 2d 282·
Fla. 1st DCA·
1982-03-18
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The Castaway Lounge of Bay County, Inc. appealed a trial court's award of attorney's fees under Florida Statutes Section 57.105 after it defaulted in a trademark/injunction case and subsequently violated the court's orders. The appellate court affirmed, holding that Section 57.10
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667 F.2d 1327·
11th Cir.·
1982-01-29
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The panel majority incorrectly held that federal courts lack subject matter jurisdiction over suits to enforce labor protective agreements under section 13(c) of the Urban Mass Transit Act.
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The court held that an order dismissing a complaint as to one of multiple plaintiffs, without a Rule 54(b) certification, is not immediately appealable under 28 U.S.C. § 1291, nor is it an appealable interlocutory order denying an injunction under 28 U.S.C. § 1292(a)(1).
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660 F.2d 76·
3d Cir.·
1981-09-25
·cited 24×
The court held that the injunction against employers with whom the union had no contract exceeded the court's jurisdiction under Section 301.
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The denial of a preliminary injunction for alleged inadequate medical treatment is affirmed because the inmate failed to demonstrate deliberate indifference to serious medical needs or probable success on the merits.
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602 F.2d 87·
5th Cir.·
1979-09-10
·cited 24×
The court held that the consent order did not obligate HEW to approve the school district's application for Emergency School Aid Act funds, and HEW was not barred from denying funds based on statutory eligibility requirements.
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604 F.2d 1131·
8th Cir.·
1979-08-30
·cited 24×
The court held that the district court did not abuse its discretion in refusing to invoke equitable jurisdiction to quash a search warrant and suppress evidence because the appellant had an adequate remedy at law and would not suffer irreparable harm.
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The court held that the district court's order, though initially termed a TRO, was a preliminary injunction because it exceeded the 20-day limit and was therefore appealable. The injunction was improperly granted and vacated.
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Helen Constance appeals from a judgment declaring that funds she withdrew from three jointly-owned bank accounts belonged to her father Samuel Constance, not to her as joint owner. The court affirmed, holding that despite the signature cards establishing joint ownership on their
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The court held that the district court abused its discretion by ordering immediate implementation of specific shower and recreation requirements in the context of a dangerous post-riot prison environment.
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A defendant cannot use antitrust or unfair labor practice claims as a defense against a preliminary injunction to compel payments to a union's health and retirement funds.
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364 So. 2d 874·
Fla. 3d DCA·
1978-12-05
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Florida appellate court reversed an injunction against arbitration, holding that an insurer who denies uninsured motorist coverage cannot later rely on the insured's settlement with a tortfeasor as a basis to avoid that coverage. The court found that by denying coverage that actu
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577 F.2d 1135·
4th Cir.·
1978-05-10
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The court held that Title VII does not require employers to inform applicants of all available positions or to achieve racial balance, and that liability cannot be based on the subjective belief of employees that they were discriminated against.
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576 F.2d 1340·
9th Cir.·
1978-04-06
·cited 24×
The court held that the district court erred in only partially vacating the injunction, as the settlement agreement and subsequent invalidation of the '540' patent in another suit meant the injunction should be vacated entirely for all three patents.
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An international union may be liable for damages if it fails to use reasonable efforts to halt illegal wildcat strikes by its members, especially when the underlying dispute is subject to arbitration.
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The court held that a prima facie showing of violations of registration provisions and a tenable basis for administrative proceedings warrants a preliminary injunction, even if the Commission has delayed its administrative process.
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566 F.2d 107·
D.C. Cir.·
1977-04-12
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A vote to deny rehearing en banc does not signify agreement with the panel's decision but reflects prudential considerations regarding the case's impact and the evolving nature of police conduct.
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550 F.2d 1337·
2d Cir.·
1977-03-15
·cited 24×
An order staying an admiralty case pending arbitration is not an appealable final order or interlocutory injunction under 28 U.S.C. § 1292(a)(1) or (a)(3).
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Prison officials responsible for security are not automatically disqualified from adjudicating security-related disciplinary charges solely due to their positions. A seven-day limit for disciplinary hearings can be extended in emergencies with proper authorization.