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 it lacked jurisdiction to hear the appeal because the district court's judgment, which bifurcated liability and damages, was not a final judgment under 28 U.S.C. § 1291.
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605 F.2d 1016·
7th Cir.·
1979-09-12
·cited 18×
The Commodity Futures Trading Commission's determination of an emergency under Section 8a(9) of the Commodity Exchange Act is committed to agency discretion and is not judicially reviewable.
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Contempt adjudications imposing unconditional fines are appealable final orders, but the injunction was improperly applied to work stoppages remote in time from the original dispute.
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374 So. 2d 479·
Fla.·
1979-06-28
·cited 18×
The Florida Supreme Court held that a statute creating an irrebuttable presumption that land is nonagricultural upon filing a subdivision plat violates due process and equal protection because it fails to account for actual present use and singles out a class of property owners f
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598 F.2d 634·
1st Cir.·
1979-05-01
·cited 18×
A district court loses jurisdiction to reconsider or stay a case once it has ordered remand and notified the state court, regardless of the perceived error in the remand decision.
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The court held that the Consumer Product Safety Act's disclosure requirements apply to information released under the Freedom of Information Act, and that the district court correctly enjoined disclosure.
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368 So. 2d 653·
Fla. 1st DCA·
1979-03-20
·cited 18×
Alachua County appealed a circuit court order enjoining enforcement of a zoning classification that restricted the Reddicks' property to low-density residential use and ordering commercial rezoning instead. The court reversed, holding that the county's decision to deny commercial
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593 F.2d 988·
10th Cir.·
1979-03-13
·cited 18×
The court held that Navajo Refining Company's hiring requirements (high school diploma and aptitude test) did not constitute unlawful discrimination under Title VII because the actual hiring statistics showed no disparate impact on Spanish Surnamed Americans (SSA).
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The Florida Supreme Court affirmed the trial court's declaration that Section 171.0413(5) of the Florida Statutes, which governs municipal annexation of contiguous unincorporated territory, is unconstitutionally vague and ambiguous. The court held that the statute's key terms fai
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583 F.2d 942·
7th Cir.·
1978-09-11
·cited 18×
The court held that the district court did not abuse its discretion in refusing to vacate the default judgment, as Parke, Davis's conduct was sufficiently culpable.
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576 F.2d 81·
5th Cir.·
1978-07-10
·cited 18×
The court held that the district court should have declined jurisdiction because the case improperly impinged upon the continuing jurisdiction of another federal court.
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573 F.2d 86·
1st Cir.·
1978-03-14
·cited 18×
The court held that the district court erred in abstaining from hearing the claim regarding non-local seamen, but correctly abstained from hearing claims regarding local seamen's rates and shore workers.
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Sarasota County proposed charter amendments to transfer five municipal functions (pollution control, parks, roads, planning, and police) to the county level without requiring separate approval from affected cities. The Florida Supreme Court held that such transfers constitute a t
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562 F.2d 427·
7th Cir.·
1977-09-19
·cited 18×
The court held that the United States Attorney lacked standing to seek an injunction against a state prosecution based on a federal grant of immunity, and that collateral estoppel barred the witness's intervention claim after the state court denied his motion to dismiss.
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561 F.2d 397·
1st Cir.·
1977-08-16
·cited 18×
The court held that plaintiffs lacked standing to challenge the sale under the Federal Property and Administrative Services Act (FPAS) because their interests were not within the zone protected by the Act, and affirmed the denial of attorney fees against the GSA.
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341 So. 2d 1041·
Fla. 4th DCA·
1977-01-21
·cited 18×
A condominium association appealed an interlocutory order granting a temporary injunction without bond to prevent termination of a management agreement that had guaranteed limited increases in owners' common expenses. The appellate court reversed, finding the injunction improvide
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339 So. 2d 1149·
Fla. 2d DCA·
1976-12-03
·cited 18×
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541 F.2d 1127·
5th Cir.·
1976-11-05
·cited 18×
The court held that the manufacturing license agreements violated Sections 1 and 2 of the Sherman Act, constituting patent misuse and rendering the patents unenforceable. However, certain customer restrictions were not an illegal extension of the patent monopoly, and the profit-s
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The court held that civil liability under Rule 10b-5 for insider trading in an open market should be limited to contemporaneous traders, not extending to those who traded weeks after the insider activity ceased.
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332 So. 2d 113·
Fla. 2d DCA·
1976-05-12
·cited 18×
In this zoning dispute, the Florida District Court of Appeal reversed an injunction against a proposed drugstore developed by Skaggs on the grounds that the plaintiff-pharmacy failed to exhaust administrative remedies and lacked standing to sue. The court held that a nearby prope
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The court held that the district court did not improvidently exercise its discretion in granting a preliminary injunction because the plaintiffs demonstrated a likelihood of success on the merits and irreparable harm.
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The court held that the district court did not err in finding venue in New Jersey and in granting a preliminary injunction based on the likelihood of trademark infringement and irreparable injury.
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The court held that the district court's findings of fact were inadequate to support the preliminary injunction against Aireo, requiring vacation and remand.
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A contemnor of a Boys Markets injunction does not have a constitutional or statutory right to a jury trial, even if the underlying statute is § 301 of the Labor Management Relations Act.
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323 So. 2d 43·
Fla. 4th DCA·
1975-12-05
·cited 18×
In this post-dissolution modification case, the Florida Fourth District Court of Appeal held that attorney fees cannot be awarded based solely on counsel's affidavits without expert testimony on the reasonableness of fees and services rendered. The court partially affirmed and pa
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The court held that the district court abused its discretion in denying a preliminary injunction against an ordinance prohibiting door-to-door charitable solicitation, as it likely violated the First Amendment.
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The court held that genuine issues of material fact existed regarding both the breach of contract and Williams Act claims, precluding summary judgment for the defendants. The court also found that the complaint sufficiently stated causes of action for breach of contract and under
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297 So. 2d 562·
Fla.·
1974-05-22
·cited 18×
This is a dissenting opinion in a Florida Supreme Court case concerning whether submerged tidal lands adjacent to an intracoastal waterway were sovereign lands inalienable by the state or validly conveyed to a private party. The dissent argues that the District Court erred in app
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A city ordinance forbidding 'For Sale' signs in residential zones is constitutional, as it serves a valid governmental interest in preventing panic selling and promoting stable integrated neighborhoods, and the restriction on commercial speech is incidental to this valid limitati
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484 F.2d 339·
6th Cir.·
1973-08-14
·cited 18×
The court held that the Secretary of Labor did not abuse his discretion in imposing a 15% limitation on rehiring former employees for the Emergency Employment Act grant, and that collective bargaining agreements are not 'contracts for services' protected by the Act. The court als
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The court held that Rule 65(c) does not mandate automatic assessment of damages on an injunction bond, and the district court has discretion to refuse damages in the interest of equity and justice.
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District courts have an obligation to substantively review agency decisions under NEPA to determine if they are arbitrary or give insufficient weight to environmental factors.
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471 F.2d 381·
5th Cir.·
1973-01-16
·cited 18×
The government's physical seizure of private property for public use, even without prior notice or compensation, is a lawful taking under the Fifth Amendment, with the Tucker Act providing the exclusive remedy for just compensation.
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472 F.2d 792·
9th Cir.·
1973-01-05
·cited 18×
The court held that a third-party claim for extensive indemnification is not ancillary to a primary claim under the Miller Act, even if the primary claim is itself ancillary, if the claims lack a close nexus and arise from different transactions.
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The court held that federal courts have power to enforce an arbitrator's cease and desist order against a work stoppage, and that the issue of whether a party repudiated the arbitration agreement is for the arbitrator to decide.
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468 F.2d 1187·
9th Cir.·
1972-10-26
·cited 18×
The court held that picketing and handbilling directed at consumers to cease purchasing a secondary employer's sole product, when that product is built by a primary employer with whom the union has a dispute, constitutes an unlawful secondary boycott under the NLRA.
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454 F.2d 879·
4th Cir.·
1972-01-26
·cited 18×
The court held that the National Labor Relations Board had reasonable cause to believe the unions engaged in an illegal secondary boycott, warranting an injunction pending final Board determination.
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The court held that a district court cannot consolidate a preliminary injunction hearing with a trial on the merits without providing prior notice to the parties.
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450 F.2d 480·
6th Cir.·
1971-10-22
·cited 18×
The court held that appellants failed to demonstrate bad faith prosecution or irreparable harm, thus equitable relief was inappropriate, and affirmed the district court's decision regarding expungement of the grand jury report.
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The court held that a three-cent per hour check-off for a local union, not approved by a secret ballot of members, constitutes an invalid increase in dues under the Labor-Management Reporting and Disclosure Act. However, a three-cent per hour check-off for affiliated district and
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435 F.2d 1065·
4th Cir.·
1970-12-23
·cited 18×
The Army's denial of Major Bluth's deferment request is reversed because the Army failed to substantially comply with its own regulations in processing the request, vitiating the denial.
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434 F.2d 330·
5th Cir.·
1970-11-13
·cited 18×
A party is bound by the terms of a written contract signed by its agent, even if the agent did not read all the terms, absent fraud or misrepresentation.
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The court affirmed the injunctive orders and contempt adjudications but reduced the fines imposed on the parents, finding the original penalties harsh and excessive.
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429 F.2d 928·
5th Cir.·
1970-07-07
·cited 18×
The court, in a concurring opinion, reluctantly agrees to affirm the lower court's decision, despite concerns about the use of seized evidence.
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425 F.2d 1086·
2d Cir.·
1970-03-23
·cited 18×
A federal court may enjoin a strike prohibited by an airline collective bargaining agreement until the legality of the prohibition can be determined by the court, distinguishing this from cases solely governed by the Norris-LaGuardia Act.
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233 So. 2d 7·
Fla. 3d DCA·
1970-03-10
·cited 18×
The City of Miami appeals a circuit court judgment enjoining operation of its incinerator in Coconut Grove as a public and private nuisance. The appellate court affirmed the injunction and reversed a contempt order, holding that the incinerator's emissions constituted a nuisance
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The District Court erred in granting summary judgment, as issues regarding the constitutionality and discriminatory administration of picketing regulations require a full trial on the merits.
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425 F.2d 959·
2d Cir.·
1970-01-22
·cited 18×
A challenge to the confiscatory nature of a state administrative order regarding commission rates presents a substantial constitutional issue requiring a three-judge court.
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The court affirmed the interlocutory injunction against the pilot strike, provided the status quo is maintained, and remanded for determination of whether the dispute is major or minor.