5,622 Florida cases classified under this topic, plus 6,125 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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63 Fla. 533·
Fla.·
1912-01-01
·cited 92×
The Florida Supreme Court affirmed a decree enjoining the forced sale of an heir's undivided interest in inherited land under execution, holding that an heir who occupies inherited property as a homestead within a reasonable time after the parent's death acquires homestead exempt
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290 F. Supp. 2d 1340·
M.D. Fla.·
2003-10-31
·cited 91×
The court granted the plaintiff's motion for default judgment, permanently enjoining the defendant from violating federal statutes related to unauthorized reception and interception of satellite transmissions, and awarded costs and attorney's fees, but declined to award monetary
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This case addresses whether an employer seeking to enforce non-competition covenants is entitled to a temporary injunction when the employer has itself breached the employment contract. The court held that an employer's material breach of an employment contract is a relevant fact
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The court held that abstention under Younger v. Harris was appropriate, requiring dismissal of the federal suit seeking to enjoin state court proceedings, even though the state court's injunction was immediately enforceable and created state action.
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479 F.2d 778·
5th Cir.·
1973-05-08
·cited 91×
A temporary injunction under § 10(j) of the NLRA is appropriate when there is reasonable cause to believe unfair labor practices have occurred and equitable relief is necessary to preserve the Board's jurisdiction and the status quo, even if the legal theories are novel.
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49 So. 2d 596·
Fla.·
1950-12-12
·cited 91×
The Florida Supreme Court held that a property owner must exhaust administrative remedies provided by a zoning ordinance before seeking injunctive relief in court. The court affirmed the dismissal of a lawsuit filed by a property owner challenging a zoning ordinance without first
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The court held that Chrysler's rebate plan was not per se illegal price-fixing under the Sherman Act and that the district court did not abuse its discretion in denying a preliminary injunction.
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148 Fla. 115·
Fla.·
1941-09-05
·cited 90×
Wakulla County taxpayers challenged two 1941 legislative acts authorizing the county to finance courthouse construction through certificates of indebtedness and a building tax. The Florida Supreme Court upheld the statutes and the county commissioners' resolution, finding the act
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548 So. 2d 1163·
Fla. 2d DCA·
1989-08-18
·cited 89×
Susan Gomes, guardian of an incompetent woman, challenged a summary judgment declaring a promissory note and mortgage valid and awarding $46,000 to the defendants. The court reversed, holding that the defendants failed to establish as a matter of law that a benefit flowed to the
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The court held that the district court erred in not approving the settlement agreement because ERISA permits equitable contribution among co-trustees, and the comparative fault rule discussed by the majority is inapplicable and unnecessary dicta.
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The district court has the inherent equitable power to grant ancillary relief, including freezing assets and appointing a receiver, as an incident to its statutory authority to issue a permanent injunction under Section 13(b) of the FTC Act.
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The court affirmed the district court's findings that the acquisition and non-compete covenants did not violate antitrust laws, upholding the standard of review for factual findings.
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The court held that the trial court's finding that the state had no substantive interest in renewed prosecution was not clearly erroneous, and that the reactivation of prosecutions solely in response to a civil suit was tantamount to a finding of bad faith.
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119 So. 2d 417·
Fla. 1st DCA·
1960-04-12
·cited 89×
Bloomfield challenged the denial of pesticide registration by Florida's Commissioner of Agriculture. The court held that the Commissioner's denial was an administrative order, not quasi-judicial, and therefore not reviewable by certiorari alone; the declaratory relief action was
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132 Fla. 334·
Fla.·
1938-04-05
·cited 89×
A taxpayer challenged municipal tax levies on his property, claiming it was never legally within the city limits of Winter Haven due to defects in the statute incorporating it. The Florida Supreme Court held that despite statutory defects, the city exercised de facto jurisdiction
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131 Fla. 790·
Fla.·
1938-03-16
·cited 89×
The Florida Supreme Court held that Chapter 18011, Acts of 1937, a general state licensing statute, suspended or superseded a municipal ordinance enacted under Haines City's charter power that imposed license taxes on trucks used for wholesale distribution. The court resolved a l
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99 Fla. 496·
Fla.·
1930-03-10
·cited 89×
The Florida Supreme Court partially reversed a permanent injunction against county commissioners and a cattle impounding officer, holding that while the underlying statute creating the impounding officer position was unconstitutional due to improper legislative notice and violati
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98 Fla. 410·
Fla.·
1929-09-17
·cited 89×
The Florida Supreme Court held that a refrigerator installed in a hotel did not become a fixture despite physical annexation to the building, and therefore remained the personal property of the seller under a conditional sale contract. The hotel company's attempt to enjoin the se
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The court held that the agencies' interpretation of 'transaction' to mean the performance of the service (football game) rather than the sale of tickets was a reasonable interpretation of Executive Order 11615, and that the agencies had the power to require refunds.
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The court held that the trial court did not abuse its discretion in denying summary judgment because material issues of fact remained, and affirmed the grant of a preliminary injunction.
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A discharge in bankruptcy releases a bankrupt from liability for a compensatory fine imposed in a civil contempt proceeding, especially when the creditor for whose benefit the fine was imposed has proved the claim in bankruptcy.
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The Florida Supreme Court affirmed an interlocutory order denying mandatory injunctive relief in a contract dispute, while recognizing both that the underlying employment agreement created an agency coupled with an interest and that courts of equity possess authority to grant man
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780 F.2d 589·
7th Cir.·
1986-01-02
·cited 87×
The court affirmed the preliminary injunction, finding that the distributor demonstrated a threat of irreparable harm due to the supplier's insolvency and that the district court properly balanced the harms.
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329 So. 2d 257·
Fla.·
1976-02-25
·cited 87×
Florida's Deceptive and Unfair Trade Practices Act (Sections 501.204 and 501.205) challenged as unconstitutionally vague and an unlawful delegation of legislative authority. The Florida Supreme Court upheld the statute's constitutionality and reversed the trial court's dismissal,
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The court held that the denial of intervention was timely and that parties not of record cannot appeal the merits of the case.
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474 F.2d 67·
5th Cir.·
1973-02-15
·cited 87×
The court held that a class representative's failure to appeal a judgment denying retroactive relief to the class renders their representation inadequate, thus precluding res judicata effect on absent class members.
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The court held that a preliminary injunction should have been denied because the plaintiff, Rosemont, lacked clean hands, having acquired copyrights primarily to suppress a biography of Howard Hughes rather than to protect the original writing.
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The appellate court granted a temporary injunction pending appeal, finding the trial court's refusal to grant an injunction was likely an abuse of discretion given the evidence of racial discrimination in voter registration.
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62 So. 2d 5·
Fla.·
1952-12-19
·cited 87×
Used car dealers challenged the constitutionality of Florida's amended Sunday closing laws (Sections 855.01 and 855.02) as applied to their business. The Florida Supreme Court held the 1951 amendments unconstitutional because the exemptions for various businesses bore no rational
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The court's opinion is consistent with traditional standards for granting or denying a preliminary injunction.
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434 So. 2d 879·
Fla.·
1983-04-14
·cited 86×
The Florida Supreme Court reversed the lower courts' invalidation of a 1980 law permitting financially ailing harness racing tracks to convert to dog racing. The Court held that the statute was a valid general law despite being enacted with knowledge that it would benefit Seminol
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A preliminary injunction freezing a dealership into a non-revocable status is improper when the dealer fails to demonstrate a probability of irreparable injury and the balance of hardships does not decidedly tip in their favor.
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The court held that the district court did not abuse its discretion in denying a preliminary injunction sought by white applicants challenging the Pennsylvania State Police's minority hiring goals.
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345 F.2d 310·
4th Cir.·
1965-04-07
·cited 86×
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The Florida Supreme Court held that §193.11(3), Florida Statutes, which requires assessment of agricultural lands on an acreage basis, is a valid legislative classification of property for tax purposes that does not violate the constitutional requirements for uniform taxation and
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151 Fla. 96·
Fla.·
1942-07-10
·cited 86×
A Florida taxpayer challenged an allegedly fraudulent property assessment at 300% of full cash value. The court held that a taxpayer may obtain relief for gross overassessment without proving discrimination against other taxpayers, reversing the prior rule requiring comparative v
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123 Fla. 544·
Fla.·
1936-03-30
·cited 86×
This mandamus proceeding challenges the State Racing Commission's rule requiring American Kennel Club registration for greyhound racing. The Florida Supreme Court holds that mandamus cannot compel an administrative board to adopt a particular rule, as that would improperly substi
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88 Fla. 14·
Fla.·
1924-05-15
·cited 86×
Florida Supreme Court held that while the legislature has broad authority to create special tax districts for public improvements, a district's formation must have a substantial and rational relation to benefits that will accrue to the taxed property. Where a district arbitrarily
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810 So. 2d 1·
Fla.·
2000-09-21
·cited 85×
The Florida Supreme Court approved amendments to the Florida Family Law Rules of Procedure and Family Law Forms, with particular emphasis on creating separate domestic and repeat violence injunction forms for cases involving and not involving children, adding clarifying language
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626 So. 2d 664·
Fla.·
1993-10-28
·cited 84×
Operation Rescue challenged an amended permanent injunction restricting its anti-abortion demonstrations outside a medical clinic and near employees' homes. The Florida Supreme Court upheld the injunction, holding that content-neutral, narrowly tailored restrictions on the time,
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The court held that a plaintiff's EEOC charge, even if imperfectly filed, can support judicial complaints of discrimination if the allegations are like or reasonably related to those in the charge. Additionally, claims under 42 U.S.C. § 1981 are independent of Title VII administr
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The court held that while the denial of a preliminary injunction is generally reviewed for abuse of discretion, the NEPA issues were not adequately focused, necessitating a remand for further investigation by the district court.
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The court held that the district court properly invoked the doctrine of primary jurisdiction to refer the question of tariff validity to the FCC, and that the denial of a preliminary injunction was appealable.
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129 Fla. 111·
Fla.·
1936-12-22
·cited 84×
Property owners challenged a paving assessment and certificate against their lot as unconstitutional and as an invalid special assessment that did not account for actual benefits received. The court upheld the assessment on estoppel grounds, finding that prior owners had signed t
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93 Fla. 941·
Fla.·
1927-04-26
·cited 84×
Martin appeals the dismissal of his bill for specific performance of a land purchase option agreement with the defendants Albee & Nash. The Florida Supreme Court reverses, holding that Martin's allegations of readiness and willingness to perform, combined with the defendants' rep
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A civil contempt fine imposed to coerce compliance with a court order may be discretionary and unrelated to actual damages suffered by the aggrieved party.
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423 So. 2d 927·
Fla. 3d DCA·
1982-11-16
·cited 83×
The Ladners appealed a final judgment requiring them to restore their condominium terrace railing to comply with the Declaration of Condominium. The court held that the Association's enforcement action was not selective enforcement and that prior appellate dicta on the merits fro
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420 So. 2d 623·
Fla. 4th DCA·
1982-09-15
·cited 83×
Wright & Seaton, an insurance agency, sought to enforce a non-compete covenant against its former employee Prescott. The trial court declined to enforce the covenant, finding the employment agreement lacked mutuality of obligation because the employer retained the unilateral righ
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The court held that the district court erred in issuing a temporary restraining order and permanent injunction because there was no showing of irreparable injury, and therefore, the subsequent civil contempt judgment was also invalid.