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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176 So. 2d 384·
Fla. 2d DCA·
1965-06-03
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The appellate court reversed a summary judgment granted to a non-moving plaintiff, finding that the lower court erred by resolving a material issue of fact and by entering judgment on a defense not raised by the parties. The case involved a dispute over an exclusive utility servi
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341 F.2d 477·
4th Cir.·
1965-01-18
·cited 20×
Government officials acting within the scope of their official duties are immune from suits for damages, and federal agencies like the SEC cannot be sued without Congressional consent.
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169 So. 2d 345·
Fla. 1st DCA·
1964-11-19
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Landowners sued to enjoin developers from negligently maintaining a drainage system that caused erosion of their property. The court affirmed a mandatory injunction requiring the developers to restore the damaged land and improve the drainage system, holding that developers canno
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167 So. 2d 791·
Fla. 3d DCA·
1964-10-06
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American Building Maintenance Co. appeals a chancellor's modification of a non-compete injunction from three years to one year. The court affirms, holding that a chancellor has discretion not only to determine if a non-compete agreement is reasonable, but also to adjust its appli
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The court held that the issue of the trusteeship's legality was moot because the international union terminated it, and the district court lacked jurisdiction under the LMRDA to review the internal union procedure for removing an officer.
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The district court lacked jurisdiction because the plaintiff failed to allege or demonstrate that the amount in controversy exceeded the statutory minimum, and also failed to identify a specific Act of Congress for the civil rights claim.
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The court held that the district court did not abuse its discretion in denying a preliminary injunction due to substantial doubt regarding the trademark's validity and insufficient showing of irreparable harm.
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323 F.2d 636·
2d Cir.·
1963-10-22
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The court held that the district court's denial of a contempt finding was clearly erroneous because the defendant's modified price tags were substantially identical to the plaintiff's and violated the injunction in the consent decree.
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156 So. 2d 528·
Fla. 3d DCA·
1963-10-01
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Miami Beach appeals a trial court decision invalidating two sections of its anti-noise ordinance that prohibited construction during winter months and granted a city manager arbitrary waiver power. The appellate court affirmed, finding the ordinance an unconstitutional exercise o
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Mayes Printing Company appealed from a decree denying its claim for payment on office equipment sold to Escambia County and requiring it to refund previously paid sums. The court held that the county's purchase violated Florida's competitive bidding statute because the plaintiff
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The court held that the preliminary injunction was an unconstitutional abridgement of First Amendment rights and an abuse of discretion because there was no evidence that CORE intended to foment violence or that a clear and present danger existed.
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151 So. 2d 439·
Fla.·
1963-02-20
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The Florida Board of Massage appealed a trial court decree invalidating portions of Chapter 480, F.S. regulating massage therapy, as unconstitutional as applied to operators of mechanical body-slenderizing equipment. The Florida Supreme Court affirmed, holding that the statutory
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141 So. 2d 269·
Fla.·
1962-04-25
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Florida Supreme Court held that an agency shop clause requiring non-union employees to pay union initiation and monthly fees as a condition of employment violates Florida's constitutional right-to-work provision. The Court rejected federal preemption arguments and held that Secti
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A temporary injunction restraining employment and disclosure of trade secrets is not unreasonable due to the absence of a territorial limitation, especially when the employee's knowledge is intertwined with their employment.
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279 F.2d 944·
7th Cir.·
1960-06-29
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The court held that the District Court did not abuse its discretion in finding defendants in civil contempt for failing to comply with a prior injunctive order, and that the executive branch cannot defy judicial orders with impunity.
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The court held that a disgorgement order was justified by the facts of illegal preference, but an order enjoining other employers was overly broad without specific findings.
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115 So. 2d 697·
Fla.·
1959-11-18
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A Florida school board has discretion to permit temporary use of school buildings for religious meetings as a 'legal assembly' if such use does not constitute an indirect contribution of public funds or establishment of religion.
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The court held that the plaintiff failed to demonstrate a likelihood of confusion as to source or product, and also failed to show irreparable harm, thus affirming the denial of a preliminary injunction.
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121 So. 2d 625·
Fla.·
1959-07-31
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The Florida Supreme Court upheld the Milk Commission's authority to require milk distributors to accept all milk from their producers and pay Commission-fixed minimum prices for Class II and Class III milk. The court rejected constitutional challenges based on liberty of contract
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269 F.2d 873·
3d Cir.·
1959-06-24
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The court held that premature appeals must be dismissed, and that the doctrine of 'unclean hands' bars equitable relief for a plaintiff who engaged in malicious and intimidating conduct during a proxy contest, even if the issue was not raised by the defendant in the lower court.
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The court held that Section 301(a) of the LMRA does not grant federal jurisdiction for a union to sue for individual employee benefits, and that the employer's discontinuation of business operations was not a "just cause" discharge under the collective bargaining agreement.
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267 F.2d 550·
1st Cir.·
1959-06-04
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The court held that the Puerto Rico Reasonable Rents Act cannot be applied to duplex dwellings owned by federally regulated corporations, as doing so would conflict with federal law and frustrate the purposes of the National Housing Act.
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263 F.2d 254·
9th Cir.·
1958-12-24
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The court held that while the plaintiff's trademark 'E & J' is entitled to protection, the trial court's injunction against all use of the defendant's 'E-J' mark was too broad, and the defendant has the right to register its mark for wheel chairs under specific conditions.
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104 So. 2d 501·
Fla.·
1958-07-25
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The Florida Supreme Court held that the legislature cannot use the amendment procedure under Section 1 of Article XVII to effectively revise the entire Constitution through a series of interlocked amendments. The court enjoined expenditure of public funds to place the 14 proposed
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254 F.2d 448·
4th Cir.·
1958-04-01
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The court held that the Secretary of Agriculture was an indispensable party to the suit, requiring dismissal for lack of jurisdiction due to improper venue.
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106 So. 2d 550·
Fla.·
1958-01-08
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Cyrus French Wicker and the Board of Public Instruction of Dade County reached a settlement of two lawsuits whereby the Board agreed to disclaim interest in and execute a quitclaim deed to certain land in exchange for dismissal of Wicker's actions. The Board later sought to resci
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251 F.2d 282·
6th Cir.·
1958-01-02
·cited 20×
A union shop agreement under the Railway Labor Act cannot be used to terminate the employment or seniority rights of an employee in a craft for which the union is not the designated representative.
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241 F.2d 670·
9th Cir.·
1957-02-19
·cited 20×
The court held that actual notice of a deficiency, even if sent by ordinary mail instead of registered mail as prescribed by statute, is sufficient to satisfy the statutory requirement when the taxpayer receives adequate time to petition the Tax Court.
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235 F.2d 108·
7th Cir.·
1956-07-02
·cited 20×
The court held that the order denying the unions' motion to stay proceedings was an appealable interlocutory order because it was based on the special defense of a duty to arbitrate, and the unions were not entitled to the stay as they were in default.
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225 F.2d 29·
D.C. Cir.·
1955-06-23
·cited 20×
The court held that the Secretary of State's appeal and motion for a stay were moot because a passport was ultimately issued to the applicant.
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The court held that a foreign corporation is not subject to process in Illinois if it is not engaged in business there beyond the solicitation of orders to be accepted elsewhere.
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78 So. 2d 718·
Fla.·
1955-02-16
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Property owners challenged the location of a bridge and causeway across Palma Sola Bay as part of Florida's Manatee County Bridge Project, arguing the statutory description was too indefinite and that the administrative authorities' decision was arbitrary. The Florida Supreme Cou
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77 So. 2d 872·
Fla.·
1955-02-02
·cited 20×
Petitioners Paul Glasel and Marshall Kline sought a temporary and mandatory injunction to prevent the State Beverage Department from revoking Glasel's liquor license and to recover confiscated alcoholic beverages. The Florida Supreme Court held that while a liquor licensee is ent
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75 So. 2d 785·
Fla.·
1954-11-16
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The Florida Supreme Court held that a cemetery proposed in a predominantly residential area may be enjoined as a private nuisance by adjacent homeowners, applying the rule governing funeral homes and undertaking establishments. The Court found that the depressing psychological ef
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68 So. 2d 577·
Fla.·
1953-11-20
·cited 20×
SENTCO sought injunctive relief and damages against McCULLOH for unfair competition, alleging defendant deliberately copied SENTCO's Vap-O-Lite insecticide vaporizer product in design, packaging, advertising, and instructions while marketing it under the name Exterm-O-Lite. The t
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Pasco County sought mandatory injunction to remove barricades placed by the Johnsons across a county road on their property. The Florida Supreme Court reversed the trial court's dismissal of the county's complaint, holding that the county adequately alleged facts sufficient to es
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204 F.2d 764·
7th Cir.·
1953-05-18
·cited 20×
Rule 65(c) requiring a bond is not controlling in bankruptcy proceedings, and the requirement of a bond rests within the discretion of the bankruptcy court.
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62 So. 2d 350·
Fla.·
1952-12-19
·cited 20×
South Dade Farms sought a permanent injunction to use B. & L. Farms' private roads to access public highways, relying on a Florida statute allowing access easements when land is hemmed in. The Florida Supreme Court reversed, holding that applying the statute to compel use of priv
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Government officials and a corporation president are in contempt for disobeying court orders directing the transfer of stock shares, despite their belief the orders were erroneous.
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The court held that the district court had jurisdiction to issue a temporary injunction to prevent irreparable damage from the enforcement of Railway Adjustment Board awards, even though it lacked jurisdiction to interpret the underlying agreements.
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The court held that the district court lacked jurisdiction because the plaintiff failed to establish the jurisdictional amount for an individual claim, and the suit could not proceed as a class action.
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The court held that the plaintiff failed to demonstrate sufficient likelihood of confusion or damage to warrant a preliminary injunction against the defendant's use of the name 'Federal'.
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The appellate court affirmed the denial of an interlocutory injunction, finding no abuse of discretion by the trial court.
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176 F.2d 108·
10th Cir.·
1949-06-30
·cited 20×
The court held that a federal court of equity lacks the power to superintend the conduct of a federal penitentiary through injunctive processes.
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39 So. 2d 281·
Fla.·
1949-03-11
·cited 20×
This case involves a taxpayer's challenge to the use of district funds for demolishing an old bridge and constructing a new one. The court affirmed the lower court's decision, holding that the county commissioners had the authority to replace the bridge, interpreting "repair and
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The court held that the defendants, as the prevailing party, are entitled to full costs incurred in defending the plaintiff's suit in the District Court, as the relevant statute mandates costs for the prevailing party.
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158 Fla. 369·
Fla.·
1946-12-20
·cited 20×
The Florida Supreme Court issued a writ of prohibition preventing a Dade County circuit court from hearing a case where H. G. Stewart sought an injunction against the Game and Fresh Water Fish Commission's rules regulating fresh water fish. The court held that venue was improper
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158 F.2d 80·
5th Cir.·
1946-11-08
·cited 20×
Contempt proceedings cannot be used to collect debts, including wages owed under the Fair Labor Standards Act, through compensatory fines.
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158 Fla. 27·
Fla.·
1946-10-11
·cited 20×
A Florida taxpayer challenged the constitutionality of a county civil service statute on eleven grounds, alleging violations of various constitutional provisions. The Florida Supreme Court upheld the statute, finding no constitutional defects and affirming the chancellor's dismis