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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598 F.2d 1175·
9th Cir.·
1979-06-18
·cited 20×
The court held that the October 11 judgment was not a final appealable order, thus res judicata did not bar consideration of the due process claims. It further held that pre-reduction due process procedures were not constitutionally required for supplementary COLA benefits, as th
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The court held that the Eleventh Amendment does not bar enjoining state university agents from unlawful and tortious conduct in seeking to contract with a coach, and that the coach is not an indispensable party to the suit.
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The court held that a state agency cannot condition the off-time use of public school facilities on the political or ideological views of the applicant, as this violates the First Amendment. A temporary injunction was granted.
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The court held that the district court erred in abstaining from hearing the case, as a state court construction of the statute was unlikely to moot the federal claims or materially alter the constitutional questions presented.
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The court affirmed the permanent injunction against enforcing certain signature requirements for new political parties and independent candidates, finding it based on a proper equal protection analysis. The court dismissed the appeal of a subsequent order setting signature requir
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348 So. 2d 916·
Fla. 2d DCA·
1977-07-20
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Lee County enacted an ordinance prohibiting female breast exposure in establishments serving alcohol. The trial court invalidated the ordinance as an overbroad restriction on First Amendment rights, but the appellate court reversed, holding the ordinance a valid exercise of polic
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554 F.2d 650·
5th Cir.·
1977-06-22
·cited 20×
The court held that claims seeking restoration of good time credits or immediate parole review are habeas corpus claims requiring exhaustion of state remedies, while claims challenging conditions of confinement may proceed. Claims of medical staff negligence do not rise to a cons
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Administrative interpretations, even if judicially affirmed, have no collateral estoppel effect beyond the specific parties and transactions involved, serving primarily as persuasive guidance and limited immunity for reliance.
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The court held that the district court abused its discretion in denying brokers leave to intervene and that the buyers should be considered for damages for humiliation and mental anguish.
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548 F.2d 494·
4th Cir.·
1977-01-20
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The dissenting judge believes the majority erred in defining the 'work in controversy' and would affirm the denial of a temporary injunction.
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340 So. 2d 1276·
Fla. 3d DCA·
1977-01-04
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Millstream Corporation appealed the dismissal of its tax assessment challenge, arguing that Florida's requirement to pay admittedly owed taxes before suing is not a jurisdictional prerequisite. The court affirmed the dismissal, holding that the Legislature amended the tax statute
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A sympathy strike does not violate a labor contract that contains mandatory arbitration but no express 'no strike' clause.
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The court affirmed the district court's issuance of a preliminary injunction, finding reasonable cause to believe an unfair labor practice occurred and that the injunction was just and proper.
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The Florida Supreme Court affirmed a trial court's decision granting a mandatory injunction requiring the State to institute condemnation proceedings against property it had sold to Gables-By-The-Sea, Inc. The State had unlawfully revoked dredge and fill permits, rendering the su
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332 So. 2d 321·
Fla.·
1976-04-14
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The Florida Supreme Court reversed the District Court of Appeal's decision holding the Canal Authority liable for attorney's fees and costs incurred by Ocala Manufacturing in federal condemnation proceedings. The Court held that the Canal Authority acted within its statutory auth
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The court held that the district court properly granted summary judgment for injunctive relief, finding no genuine issue of material fact regarding the railroads' obligation to negotiate new contracts under the ICC's 1962 order.
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520 F.2d 240·
10th Cir.·
1975-07-30
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The court held that the filing and approval of a statement of record under the Interstate Land Sales Act constitutes major federal action significantly affecting the human environment, thus triggering NEPA's requirement for an environmental impact statement. However, the court re
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The court held that the record was insufficient to determine the validity of the prison rules and the denial of the preliminary injunction.
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The bankruptcy court has summary jurisdiction to issue an injunction compelling a telephone company to continue service to a debtor, even with pre-bankruptcy debts, to preserve the debtor's business assets.
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The court held that the City Council's denial of a special exception for multifamily housing was arbitrary and unreasonable because the proposed project complied with all relevant zoning standards.
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The court held that a work stoppage over refusal to cross a picket line is an arbitrable dispute under a collective bargaining agreement with a mandatory arbitration clause, allowing for injunctive relief under Boys Markets. The court also held that Armco's antitrust claim was pr
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498 F.2d 847·
3d Cir.·
1974-05-31
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The order granting a sequestration of stock to prevent transfer is appealable under 28 U.S.C. § 1292(a) as it is functionally equivalent to an injunction or receivership.
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The court held that federal courts lack jurisdiction under Section 301(a) of the LMRA or Section 102 of the LMRDA to adjudicate disputes solely concerning internal union affairs, such as the interpretation of a union constitution regarding district mergers.
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The court held that the preliminary injunction's scope, extending beyond the plaintiff's interest, was an abuse of discretion and that the case was moot due to the plaintiff's graduation.
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286 So. 2d 614·
Fla. 4th DCA·
1973-11-23
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Mailman Development Corporation challenged a 1972 zoning ordinance adopted by the City of Hollywood that reduced permitted residential density from 60-80 units per acre to 25 units per acre on property the developer had purchased for a large mixed-use development. The court affir
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489 F.2d 809·
7th Cir.·
1973-11-12
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The court held that the Lanham Act applies to a U.S. company's vicarious involvement in a foreign country's false designation of origin, and that injunctive relief was not an abuse of discretion, but attorneys' fees were not recoverable.
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485 F.2d 1115·
3d Cir.·
1973-09-26
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The court concurred with the result but expressed concern that the jurisdictional amount requirement of 28 U.S.C. § 1331 was not met, suggesting this issue requires further consideration.
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The court affirmed the denial of preliminary injunctive relief and upheld the constitutional validity of the beef price freeze, finding no taking without just compensation, denial of due process, or unconstitutional discrimination.
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The court held that preliminary injunctions were authorized under the Economic Stabilization Act of 1970, and that the Norris-LaGuardia Act did not prohibit such injunctions against labor unions in this context.
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The court held that shipping components that can be assembled into a fireworks kit, even if sold separately or with minor substitutions, violates a preliminary injunction. Promotional materials and sales practices targeting children also indicate awareness of the injunction's pur
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The court held that the trial court had subject matter jurisdiction to enter the consent injunction and did not abuse its discretion in denying the motion to vacate it.
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457 F.2d 612·
2d Cir.·
1972-03-17
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The court held that the plaintiffs' claims could not aggregate to meet the $10,000 jurisdictional amount for diversity jurisdiction, and thus the district court lacked subject matter jurisdiction.
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259 So. 2d 210·
Fla. 3d DCA·
1972-02-15
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United Theaters appeals from injunctions permanently restraining it from showing obscene films in violation of Florida obscenity law. The court affirmed the injunctions on obscenity findings but reversed portions relating to still pictures and reversed contempt orders for procedu
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256 So. 2d 404·
Fla. 3d DCA·
1972-01-13
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The City of Coral Gables appealed a circuit court injunction that blocked a referendum on a zoning ordinance. The District Court of Appeal reversed, holding that a municipal zoning amendment is legislative in character and subject to referendum under the city charter, and that te
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The court held that the denial of preliminary relief was improper, and the case should be remanded for specific findings regarding class action status and the town's housing policies.
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The court affirmed the permanent injunction, holding that a justiciable controversy existed and that the state's revised welfare schedules did not adequately account for all prior items of need.
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438 F.2d 79·
2d Cir.·
1970-12-10
·cited 20×
The court held that the district court erred in enjoining the FAA from taking disciplinary action against air traffic controllers who participated in an unlawful work stoppage.
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The court held that short-term compliance and embarrassment from an injunction are insufficient grounds to dissolve it, especially when the original reasons for its imposition remain.
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415 F.2d 467·
5th Cir.·
1969-07-31
·cited 20×
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The court held that while the district court did not abuse its discretion in issuing a preliminary injunction limiting picketing, the absolute prohibition on uttering any sounds was an abuse of discretion and must be modified to allow non-violent, non-threatening speech.
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399 F.2d 825·
3d Cir.·
1968-08-09
·cited 20×
The court held that a prior judgment on the merits of the contract's validity bars a subsequent suit seeking a different remedy for the same underlying controversy, even if a different statute is cited.
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In this interlocutory appeal, the Florida District Court of Appeal addressed whether a circuit judge in an equity case could properly order a jury trial to determine compensatory and punitive damages. The court held that while compensatory damages may be awarded as an incident to
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The court affirmed the conviction for criminal contempt, finding the defendant willfully violated a permanent injunction against selling unregistered securities and making fraudulent representations.
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381 F.2d 196·
3d Cir.·
1967-05-05
·cited 20×
The court held that the arbitrator, not the court, should determine the effect of a general release on a union's claim for vacation pay, unless the claim involves specific bankruptcy interests. Claims for vacation pay earned during the Chapter XI proceedings are administrative ex
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The court held that the statute authorizing seizure of obscene materials is constitutional and that the magazine in question was properly found to be obscene, with no procedural errors occurring.
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193 So. 2d 187·
Fla. 4th DCA·
1966-12-30
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In this interlocutory appeal, the court affirmed a chancery order granting the City of Hollywood leave to intervene in a pending suit for injunction against a hog farm operation. The court held that the appellants' procedural challenge was premature because the court's order requ
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The court held that the distinction in review provisions for military cases, requiring review for general/flag officers but not others, is a reasonable classification and does not violate the Due Process Clause of the Fifth Amendment.
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181 So. 2d 722·
Fla. 1st DCA·
1966-01-18
·cited 20×
Beach concessionaires challenged a town ordinance that required written consent from oceanfront property owners as a prerequisite to obtaining business licenses for beach concessions. The court reversed the lower court's validation of the ordinance, holding it void for indefinite
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A federal court, having appointed a receiver for a defendant's assets ancillary to an action under federal law, has the discretion to stay enforcement of a state court attachment, even if the attachment was levied before the receiver's appointment, if doing so is necessary to pro
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Homeowners in Highland Park Subdivision sought to enjoin defendants from constructing a multi-unit apartment house on a parcel they claimed was subject to restrictive covenants limiting the property to single-family residential use. The appellate court reversed the lower court's