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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532 So. 2d 703·
Fla. 5th DCA·
1988-09-01
·cited 19×
The court affirmed the denial of an easement claim for a specific platted right-of-way but reversed the denial of a license for access over the servient owner's property.
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The court held that the district court erred in reinstating the Attorney General under Federal Rule of Civil Procedure 60(b) because the prior dismissal order did not have prospective application and the circumstances did not constitute extraordinary grounds for relief.
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The licensing regulation is unconstitutional because it is vague, overbroad, and not the least restrictive means of achieving the county's interests.
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The court held that the shape of the Zebco Model 33 reel cover is nonfunctional and that there was a likelihood of confusion, affirming the Lanham Act violation. The court also affirmed the rejection of the laches defense.
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The court held that the jury's finding that General Leaseways bore substantially equal responsibility for the antitrust violations was supported by sufficient evidence, and that the jury instructions, despite a minor omission, conveyed the correct message.
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The court held that the plaintiff had standing to sue on behalf of its members for injunctive relief, but affirmed the denial of a preliminary injunction against Federated due to its good faith actions, while remanding for further consideration of irreparable harm for other defen
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In a trademark licensor/licensee dispute, a finding of unlawful use and consumer confusion automatically establishes irreparable harm, warranting a preliminary injunction.
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453 So. 2d 1134·
Fla. 1st DCA·
1984-06-29
·cited 19×
Bailey appeals a preliminary injunction ordering him to open and operate the Spinnaker II nightclub and pay stipulated percentages of gross revenues to himself and co-owner Christo during the 1984 season. The court affirmed, holding that the trial court did not abuse its discreti
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452 So. 2d 998·
Fla. 3d DCA·
1984-06-19
·cited 19×
In this appeal from a damages assessment on an injunction bond, the court held that while the trial court properly awarded damages for the wrongful issuance of a stay granted by the appellate court, it erred in including attorney's fees for services rendered in responding to the
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The court held that proof of discriminatory housing practices is sufficient to presume irreparable injury for preliminary injunction purposes, and affirmed the preliminary injunction with modifications for specificity.
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The court held that the plaintiff lacked standing because it had not suffered sufficient actual or threatened injury to present a case or controversy under Article III.
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The court affirmed the denial of a preliminary injunction, finding that the plaintiffs failed to demonstrate a reasonable likelihood of success on the merits and that the balance of equities and public interest weighed against granting such relief at this preliminary stage.
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The court held that the case is moot because the parties' settlement agreement resolved all issues, and the exceptions to mootness do not apply.
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The court held that the statute of limitations for FLSA claims commenced when individual employees were named as claimants in the pre-trial order, not when the complaint was filed. It also held that the Secretary of Labor has authority to seek restitution for wage kickbacks that
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The court held that the plaintiff's reliance on the government's job offer was unjustified, thus failing to establish a claim for equitable estoppel.
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The court held that many of the appeals filed were not appealable as they were not final orders or did not fall under exceptions for interlocutory appeals, while others were permitted to proceed.
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The court held that TWA's centralization of crew scheduling operations, replacing manual records with a computerized system, did not constitute a substantial alteration of established working conditions or a violation of the collective bargaining agreement under the Railway Labor
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404 So. 2d 735·
Fla.·
1981-07-23
·cited 19×
The Supreme Court reversed the trial court's judgment, dissolving the injunction and allowing the department to proceed with ordering the return of excess profits. The Court held that while calendar/accident year 1977 profits could not be included in the calculation if it deprive
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The court held that while the appellee's expansion after notice of the appellant's mark was not per se in bad faith, the TTAB's procedural error in admitting disputed testimony required reversal on that point, but the overall TTAB decision was otherwise affirmed.
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604 F.2d 1370·
3d Cir.·
1979-08-07
·cited 19×
The Postal Service has the authority to conduct limited experiments involving rate and classification changes without prior Commission approval, as this aligns with Congressional intent for managerial flexibility and modernization.
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563 F.2d 757·
5th Cir.·
1977-11-23
·cited 19×
The court held that the district court properly exercised pendent jurisdiction over state law claims concerning jail conditions, and that the order continuing an injunction was appealable.
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The court held that the appellant failed to prove ownership of the excavated land and that the district court did not err in adopting counsel's findings or taking judicial notice of related proceedings.
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509 F.2d 1038·
2d Cir.·
1975-01-24
·cited 19×
The court held that the employer trustees' agreement to pay a union representative from a trust fund, with the intent to influence his actions as a union representative, constitutes a violation of § 302 of the Labor Management Relations Act, even if the payments are made from the
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297 So. 2d 74·
Fla. 2d DCA·
1974-04-24
·cited 19×
The City of St. Petersburg appealed a mandamus order compelling it to approve a 72-unit apartment building site plan under a special exception provision in its zoning ordinance. The court held that the ordinance's special exception provision violated constitutional requirements b
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The court held that while the plaintiff franchisee and franchisor had standing to seek injunctive relief, the plaintiff failed to demonstrate a likelihood of success on the merits for the preliminary injunction. The court affirmed the denial of the preliminary injunction.
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492 F.2d 1060·
6th Cir.·
1974-02-12
·cited 19×
The court held that a tax assessment made after terminating a taxpayer's taxable year under Section 6851 requires the procedural safeguards of Section 6861, including a deficiency notice, because the amount assessed constitutes a 'deficiency' under Section 6211.
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457 F.2d 81·
2d Cir.·
1972-03-21
·cited 19×
Private citizens cannot sue under the Rivers and Harbors Act of 1899, either for qui tam penalties or to seek an injunction, as enforcement is reserved to the Department of Justice.
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The court concurred in remanding the case, finding no merit to the contempt claim as the patient was not alleged to suffer from mental disease and requiring mental health processing for all abortion requests would be unreasonable.
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223 So. 2d 557·
Fla. 4th DCA·
1969-06-12
·cited 19×
A special agent of the Internal Revenue Service is legally permitted to issue a summons under 26 U.S.C. § 7602, even if the investigation may lead to a criminal prosecution.
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A local noise ordinance is invalid if it conflicts with federal regulations governing aircraft flight patterns and procedures, even if it purports to regulate noise.
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The court held that the injunction order was invalid due to non-compliance with Federal Rules of Civil Procedure 52(a) and 65(d), and potentially violated the First Amendment.
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176 So. 2d 69·
Fla.·
1965-05-19
·cited 19×
The Florida Supreme Court invalidated a 1963 statute allowing Dade County to contract with limousine companies for airport ground transportation to all points in the county, holding that the law violated the Florida Constitution's home rule provision by relating solely to Dade Co
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166 So. 2d 760·
Fla. 2d DCA·
1964-07-22
·cited 19×
Homeowners in a mobile home subdivision sought to enjoin a water company from imposing increased charges, claiming they relied on representations that maintenance fees would be reduced when trailers were unoccupied. The court affirmed the trial court's denial of injunctive relief
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329 F.2d 840·
9th Cir.·
1964-03-13
·cited 19×
The Secretary of the Interior, through the Bureau of Land Management, has the authority to initiate contest proceedings to determine the validity of unpatented mining claims, and claimants must exhaust administrative remedies before seeking judicial review.
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139 So. 2d 153·
Fla. 1st DCA·
1962-03-22
·cited 19×
A construction contractor sought equitable relief to withdraw a bid for a public building contract after discovering a $100,000 computational error caused by a calculator malfunction or employee error. The court held that a bidder may withdraw a bid submitted to a public body if
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In the absence of a posted bond or security, damages cannot be recovered for the wrongful issuance of a temporary injunction, even if granted without just cause.
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47 So. 2d 321·
Fla.·
1950-04-14
·cited 19×
The Supreme Court of Florida reversed a lower court's dismissal of a lawsuit challenging a zoning variance. The court found that the plaintiff's allegations were sufficient to require the defendants to answer, even if the lower court's interpretation of the zoning ordinance was c
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173 F.2d 416·
D.C. Cir.·
1949-01-26
·cited 19×
The court held that the amended complaint stated multiple causes of action for fraud and breach of fiduciary duty, and the trial court erred in dismissing the case.
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159 Fla. 629·
Fla.·
1947-10-28
·cited 19×
Shamhart owned a pharmacy adjacent to Morrison's Cafeteria in West Palm Beach. Customer lines extending from the cafeteria onto the public sidewalk blocked his store entrances, causing business losses. The Florida Supreme Court held that the cafeteria's use of the public sidewalk
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146 Fla. 104·
Fla.·
1941-02-11
·cited 19×
The Florida Supreme Court upheld a city ordinance restricting the distribution of handbills to motor vehicle occupants at specified street intersections, rejecting a First Amendment challenge. The Court held that reasonable safety regulations of speech activity in traffic interse
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143 Fla. 898·
Fla.·
1940-08-02
·cited 19×
The court reviewed the propriety of a temporary injunction that restrained appellants from interfering with appellee's possession of land. The court found that the appellee's situation, leading to a judgment against him, was due to his own neglect and not a circumstance warrantin
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141 Fla. 75·
Fla.·
1939-12-12
·cited 19×
The Florida Supreme Court addressed whether land illegally incorporated into the City of Winter Haven could be taxed for municipal bonds and operating expenses after being excluded via quo warranto judgment. The Court held that while the land was properly excluded due to constitu
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138 Fla. 592·
Fla.·
1939-06-16
·cited 19×
This case concerns the interpretation of Florida's "Chain Store Tax Act" regarding exemptions for agricultural products. The court had to decide if the exemption applied only when these products were sold by their producer or manufacturer, or if it applied regardless of the selle
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116 Fla. 492·
Fla.·
1934-09-11
·cited 19×
The Florida Supreme Court held final action in abeyance on relators' motion for a peremptory writ of mandamus regarding an Everglades Drainage District assessment roll, pending resolution of a federal court injunction that restrained the Board of Commissioners from transmitting t
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70 Fla. 260·
Fla.·
1915-11-02
·cited 19×
The Florida Supreme Court reversed an order sustaining a demurrer to a bill seeking to set aside realty as homestead, enjoin its sale under a judgment, and quiet title. The court held that equity courts are open for such relief, especially when the homestead status depends on fac
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70 Fla. 200·
Fla.·
1915-07-13
·cited 19×
The Florida Supreme Court reversed an order denying the railway company's motion to dissolve a temporary injunction that restrained it from removing a dwelling house from church property. The court found the church trustees' bill of complaint failed to satisfy equity requirements
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55 Fla. 702·
Fla.·
1908-01-01
·cited 19×
This case concerns whether a court of equity will enforce a negative covenant in an employment contract that prevents an employee from entering the liquor business in Florida. The court held that it would not, finding the contract was for ordinary personal services and the common
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H. W. Metcalf Company sought injunctive relief to prevent a tax collector from seizing bar fixtures due to a dispute over whether the company operated one or two places of business for licensing purposes. The Florida Supreme Court affirmed dismissal of the bill, holding that equi
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53 Fla. 969·
Fla.·
1907-01-01
·cited 19×
A lumber company sought an injunction against labor unions to prevent them from enforcing union rules that penalized members who worked for employers using non-union labor. The Florida Supreme Court affirmed the circuit court's modification of the injunction, holding that peacefu
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44 Fla. 491·
Fla.·
1902-06-01
·cited 19×
This case involves a dispute over whether a strip of land was a public street. The appellate court affirmed the dissolution of a temporary injunction but reversed the dismissal of the bill, finding that the lower court improperly dismissed the case without a full hearing.