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 jurisdiction to issue an injunction against the union's picketing without ordering the employer to arbitrate, and that bankruptcy court approval is required for arbitration of disputes under a collective bargaining agreement.
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333 So. 2d 472·
Fla. 2d DCA·
1976-06-04
·cited 24×
Pinellas County and other governmental entities appealed a trial court decision holding that the Cypress Creek Well Field project in Pasco County constitutes a "development of regional impact" (DRI) under Florida law requiring compliance with Chapter 380. The appellate court reve
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The court held that the government's actions and the nature of the reclamation project did not alter the statutory requirements for landowners of excess lands.
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The court held that the district court did not abuse its discretion in balancing factors for a preliminary injunction, and therefore the injunction should not be vacated.
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The court held that while the company committed an initial unfair labor practice, its subsequent actions (rescinding the contract, terminating employees) were not justified because it failed to pursue available dispute resolution mechanisms like arbitration. The Board's order is
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The court held that the phrase 'subject to' in a deed, without more, is insufficient to reserve an easement, especially in the absence of supporting facts and circumstances indicating such intent.
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Prison regulations restricting inmate law clinic assistance in suits against the institution and censoring outgoing mail may violate constitutional rights if they impede access to the courts without reasonable alternatives. The court affirmed the dismissal of some claims but reve
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The court denied the motion for an injunction pending appeal, finding that the balance of equities did not favor its issuance.
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The court held that referring the preliminary injunction question to a magistrate was proper under the circumstances, and the preliminary injunction was correctly issued.
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293 So. 2d 780·
Fla. 3d DCA·
1974-04-02
·cited 24×
In this interlocutory appeal, the court reversed an order striking portions of the ex-husband's complaint alleging that the dissolution judgment conclusively determined all property rights between the parties and barred the ex-wife from pursuing separate litigation over his real
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The court held that the contempt order was improperly granted without an evidentiary hearing and vacated the order. The court also found that the appeal was timely and properly before it.
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The court held that the stay pending appeal should be extended, conditioned on the appellants' readiness for trial within 30 days, to allow for further inquiry into substantial issues of preemption and commerce clause burdens.
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478 F.2d 73·
5th Cir.·
1973-05-03
·cited 24×
The court held that the company's labor camp, functioning as a company town, is subject to First Amendment restraints, requiring reasonable access for the public to communicate with workers, and that the plaintiffs have standing to assert their own rights to disseminate informati
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The court held that the federal regulatory scheme preempts state and local regulation of railroad safety, and the federal court properly enjoined the state proceedings to protect its jurisdiction and prior judgment.
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The court held that a bidder's failure to provide the number of employees, as required by Appendix A, constituted a "minor informality or irregularity" under procurement regulations, which should have allowed the bidder an opportunity to cure the deficiency.
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Injured and aggrieved parties have standing to seek injunctions against violations of the Rail Passenger Service Act, despite the Act's specific provisions for the Attorney General and employees.
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The court held that the dispute over the assignment of incidental work is a 'minor dispute' under the Railway Labor Act, and therefore falls within the exclusive jurisdiction of the National Railroad Adjustment Board, not the district court.
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261 So. 2d 1·
Fla.·
1972-03-10
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The Florida Supreme Court held that the City of Tampa's license tax measured by gross sales violates the Florida Constitution of 1968 because municipalities may only levy non-ad valorem taxes when authorized by general law, not by special municipal ordinance. The Court rejected a
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447 F.2d 1127·
5th Cir.·
1971-08-30
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The court held that a dispute over the interpretation of an existing collective bargaining agreement, even if it involves two unions, is a 'minor dispute' within the exclusive jurisdiction of the National Railroad Adjustment Board, not a 'major dispute' requiring Section 6 notice
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The Court of Appeals affirmed the district court's order granting a preliminary injunction, finding no abuse of discretion.
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251 So. 2d 298·
Fla. 1st DCA·
1971-08-12
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This is the second interlocutory appeal in an obscenity case where the state sought to enjoin appellants from selling hardcore pornographic magazines. The Florida appellate court affirmed the trial court's injunction order, holding that no expert testimony is required for materia
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250 So. 2d 883·
Fla.·
1971-07-09
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The Florida Supreme Court affirmed the constitutionality of Florida's obscenity statute but reversed and remanded permanent injunctions against a bookstore's sale of obscene materials because the trial court applied an outdated obscenity standard and issued overbroad injunctions
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The court held that the district court erred in granting a preliminary injunction because the defendants were not given adequate notice or a meaningful opportunity to prepare and present a defense against the plaintiffs' claims and evidence.
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439 F.2d 834·
3d Cir.·
1971-03-24
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The court held that neither the contempt order nor the order requiring deposit of sale proceeds were final and appealable orders under 28 U.S.C. § 1291 or § 1292(a)(1).
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439 F.2d 1331·
8th Cir.·
1971-03-16
·cited 24×
Prisoners must exhaust all available state judicial remedies, including mandamus, prohibition, and injunction, before seeking equitable relief in federal court for conditions of confinement, even if those conditions might be cognizable under federal habeas corpus.
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The court held that the district court did not abuse its discretion in denying a preliminary injunction for student reinstatement, as a complete record and final judgment are necessary for appellate review of due process claims.
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The Florida Supreme Court affirmed the denial of a motion to quash a contempt rule nisi against the Dade County Classroom Teachers' Association for violating a temporary injunction against a teacher work stoppage. The court held that public employees have no constitutional right
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237 So. 2d 318·
Fla. 4th DCA·
1970-06-09
·cited 24×
The City of Hallandale appeals a circuit court judgment declaring special assessments for sanitary sewer improvements illegal and void. The appellate court reverses, holding that the assessments were valid because a sanitary sewer system by its nature confers presumed special ben
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The court held that the appellant failed to demonstrate that the amount in controversy exceeded $10,000, thus the district court properly dismissed the action for lack of jurisdiction.
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The court held that the district court abused its discretion in granting preliminary injunctions that went beyond preserving the status quo and decreed student registration in violation of school regulations prior to a determination of the regulation's validity.
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The court held that while the action against Congressional defendants could be dismissed due to the Speech or Debate Clause and availability of relief against other parties, the dismissal of the Attorney General and U.S. Attorney was improper and the case should be remanded for c
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412 F.2d 577·
1st Cir.·
1969-06-09
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The court held that the district court improperly enjoined proceedings in a Canadian court based on principles of comity.
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The court held that the district court did not abuse its discretion in granting a temporary injunction, as it had jurisdiction under 49 U.S.C.A. § 322(b)(2) and the circumstances warranted such relief despite a pending review action in another district court.
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389 F.2d 825·
2d Cir.·
1968-02-13
·cited 24×
The court held that AMP's ligating products, specifically the nylon thread and disk, are 'drugs' and 'new drugs' under the Federal Food, Drug, and Cosmetic Act, not 'devices'.
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183 So. 2d 567·
Fla. 4th DCA·
1966-03-02
·cited 24×
The court held that property previously assessed and taxed for a given year cannot be back-taxed for that year, even if the initial assessment was based on an increased valuation, unless the property had 'escaped taxation'.
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The court held that the trial court erred in issuing an injunction without notice and without requiring a bond, and that the complaint's verification was insufficient.
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346 F.2d 768·
4th Cir.·
1965-06-01
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The court held that the district court erred in allowing the Board's racially discriminatory pupil assignment plan to continue beyond the 1964-65 school term, and that a freedom of choice system must eliminate discrimination from initial assignments.
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The court held that the district court correctly dismissed the suit, as the issue of how the unserved portion of a prior sentence should be treated in light of an unexecuted parole violator warrant is a matter for the sentencing court, not the district court where the declaratory
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155 So. 2d 422·
Fla. 2d DCA·
1963-07-19
·cited 24×
Roger Dean Chevrolet sought to enjoin a labor union from picketing its business. The trial court dismissed the case for lack of jurisdiction, finding the National Labor Relations Board had exclusive jurisdiction over the labor dispute. The court awarded the union attorneys' fees
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The court held that the district judge did not abuse his discretion by requesting briefs, but emphasized the duty to promptly rule on the preliminary injunction motion.
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147 So. 2d 204·
Fla. 1st DCA·
1962-12-06
·cited 24×
In this appeal from a damages determination under an injunction bond, the Florida court addressed whether dismissal of an injunction complaint without prejudice and dissolution of a temporary restraining order constitutes a final adjudication that the restraining order was wrongf
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The court reversed a decree invalidating a 1960 tax assessment of agricultural lands, holding that Florida Statutes § 193.11(3), which requires agricultural lands to be assessed "as agricultural lands" on an acreage basis, does not mandate assessment based solely on agricultural
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132 So. 2d 556·
Fla.·
1961-07-26
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The Florida Supreme Court held that the State of Florida may impose a documentary stamp tax on promissory notes issued by a Florida corporation to the United States, rejecting the argument that such taxation violates federal constitutional immunity of U.S. property from state tax
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The court held that while the district court lacked authority to adjudicate contract and property rights, it abused its discretion by failing to grant a preliminary injunction against landowners threatening or evicting sharecroppers to interfere with their voting rights.
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The District Court lacked jurisdiction to review the National Labor Relations Board's decision to conduct a representation election, as the appellee's claim did not present a substantial constitutional question.
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The court held that the district court did not abuse its discretion in refusing to grant a temporary injunction to restrain the enforcement of demand letters requiring information reports on sales of sugar, rye, and cracked corn.
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The court held that the National Railroad Adjustment Board has primary jurisdiction over disputes concerning the interpretation or application of collective bargaining agreements, and that plaintiffs failed to exhaust internal union remedies.
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114 So. 2d 737·
Fla. 2d DCA·
1959-09-25
·cited 24×
Broward County and Florida's State Road Department sought to widen a public road from 18 feet to 24 feet, encroaching 3 feet onto adjacent private property owned by Bouldin. The court upheld the injunction requiring the county to either remove the encroaching pavement or condemn
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268 F.2d 246·
2d Cir.·
1959-06-08
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The court held that the trial court's findings of fact were not clearly erroneous, and that the plaintiff failed to prove a continuing conspiracy or damages resulting from any violation of law.
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101 So. 2d 371·
Fla.·
1958-03-21
·cited 24×
The Florida Supreme Court affirmed the lower court's refusal to tax appellate costs against the State Plant Board, holding that state agencies cannot be assessed costs in the absence of express statutory authority, despite appellants' successful appeal and fairness concerns.