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 plaintiff was not entitled to an absolute statutory right to a I-S classification because his prior II-S deferment as a graduate student fell under the exceptions to the I-S classification, and therefore, judicial review was barred by § 10(b)(3) of the Mil
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The court held that the trial court did not abuse its discretion in denying a preliminary injunction to reinstate the plaintiff to union office and membership.
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402 F.2d 223·
5th Cir.·
1968-10-07
·cited 18×
The court held that the injunction was properly granted, but the award of damages, including attorney fees and damages for interference with business relations and disparagement, was not supported by the evidence under Florida law.
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The court held that the employer waived its right to challenge the election by complying with the Board's order, even after a precedent invalidated the order's basis.
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The court held that the denial of a temporary injunction was proper because monetary damages were an adequate remedy at law and there was no basis for equitable relief.
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202 So. 2d 782·
Fla. 4th DCA·
1967-09-29
·cited 18×
A junk yard operator appealed an injunction requiring compliance with a city zoning ordinance that imposed setback requirements and mandated fencing or vegetative screening. The appellate court upheld the ordinance's constitutionality and the availability of injunctive relief, bu
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383 F.2d 110·
5th Cir.·
1967-07-25
·cited 18×
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380 F.2d 224·
5th Cir.·
1967-07-10
·cited 18×
The court held that the plaintiffs established a secondary meaning for their 'Playboy' and 'Playmate' marks in connection with night clubs and restaurants, justifying an injunction against the defendants' confusingly similar use.
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377 F.2d 728·
10th Cir.·
1967-05-12
·cited 18×
The denial of a jury trial was erroneous, but the judgment is affirmed because the contract was binding as a matter of law and the only potential prejudice regarding future remissions can be addressed by crediting appellant.
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376 F.2d 125·
2d Cir.·
1967-04-03
·cited 18×
An order granting a stay of an admiralty proceeding pending arbitration is not an injunction appealable under 28 U.S.C. § 1292(a)(1).
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The court held that the copyright notice on the doll and its display package was sufficient, and that willful infringers cannot claim insufficiency of notice.
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The federal anti-injunction statute, 28 U.S.C. § 2283, precludes federal courts from enjoining state court proceedings unless an exception applies, and no exception was demonstrated here.
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369 F.2d 899·
2d Cir.·
1966-12-14
·cited 18×
The dissenting judge believes that a bankruptcy discharge's legal effect should not be subject to the unreviewable decision of an arbitrator.
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368 F.2d 778·
5th Cir.·
1966-11-17
·cited 18×
The court held that substantial evidence on the record as a whole supports the Board's finding that Greyhound and Floors are joint employers, and that the employees constitute an appropriate unit for collective bargaining.
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The court held that while the meaning of 'design' and the similarity of the devices were not triable issues, the defense of independent development by a third party (Lamont) was a valid defense to breach of contract and required further factual determination.
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365 F.2d 180·
7th Cir.·
1966-07-13
·cited 18×
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166 So. 2d 168·
Fla. 1st DCA·
1964-07-02
·cited 18×
In this second appeal regarding zoning in Duval County, Florida, the court affirmed the trial judge's dismissal of the property owner's suit challenging the Board's refusal to rezone his residential property to industrial use. The court held that the Board's refusal was neither a
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331 F.2d 433·
5th Cir.·
1964-04-15
·cited 18×
The court held that the trial court erred in exercising jurisdiction over disputes that constitute 'minor disputes' under the Railway Labor Act, which should be resolved by the System Board of Adjustment.
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331 F.2d 796·
D.C. Cir.·
1963-12-23
·cited 18×
The court held that the likelihood of future injury was insufficient to require a decision on the merits due to the Nuclear Test Ban Treaty.
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157 So. 2d 708·
Fla. 3d DCA·
1963-11-19
·cited 18×
Global Aero Service appeals a judgment finding it breached a contract to sell and deliver airplane parts to Lloyd Aereo Boliviano by a specified date. The trial court awarded Lloyd $5,530.58 in damages and voided promissory notes, while denying Global's cross-claim for losses and
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156 So. 2d 862·
Fla. 1st DCA·
1963-10-17
·cited 18×
In this inverse condemnation action, Lewis sued the State Road Department for taking his property during a 1952 highway widening and 1956 overpass construction without compensation. The court affirmed that the Department took Lewis's property but limited his recovery to special d
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The court held that the district court abused its discretion by denying a preliminary injunction for school desegregation, as the defendants offered no sufficient reason for further delay.
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314 F.2d 635·
9th Cir.·
1963-02-20
·cited 18×
The court held that the trial court did not err in dismissing the contempt motion, as the appellant failed to prove a likelihood of confusion between the appellee's new product names and the appellant's protected trademarks.
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143 So. 2d 660·
Fla. 2d DCA·
1962-08-03
·cited 18×
The Village of Pembroke Pines appeals a decree invalidating its zoning ordinance as applied to plaintiffs' property and directing the Village to rezone the land for commercial use. The appellate court affirms the invalidation of the restrictive zoning but reverses the mandatory r
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The dissenting judge believes the trial court's finding that the appellant would be a troublemaker should be given more weight, potentially leading to a different outcome.
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The court held that the district court should have recognized the Florida state court's anti-suit injunction on grounds of comity, and dismissed the federal action on that basis rather than reaching the merits of res judicata.
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The court held that it has jurisdiction to hear appeals from orders entered by single district judges, even if those orders involve injunctions against state statutes, to determine if a three-judge court was required.
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A labor union and 85 of its members appealed from a trial court order that denied motions to dissolve a temporary injunction and to discharge a contempt finding, and adjudged all 85 members in criminal contempt for violating the injunction. The appellate court held that the conte
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124 So. 2d 737·
Fla. 3d DCA·
1960-12-01
·cited 18×
Polk Pools, Inc. sued Metropolitan Dade County seeking declaratory and injunctive relief against an alleged misinterpretation of county building ordinances requiring plumbing permits for pool construction drainage systems. The trial court granted a temporary restraining order wit
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288 F.2d 126·
D.C. Cir.·
1960-09-07
·cited 18×
The court held that a federal court lacks jurisdiction to issue a declaratory judgment or injunction against a congressional committee's inquiry before a contempt citation has been issued and a justiciable controversy has arisen.
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114 So. 2d 357·
Fla. 3d DCA·
1959-08-27
·cited 18×
Fontainebleau Hotel Corp. appealed a temporary injunction blocking construction of a 14-story addition to its hotel on grounds that the structure would cast shadows over the neighboring Eden Roc Hotel's beach facilities. The court reversed, holding that absent contractual, statut
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113 So. 2d 714·
Fla. 2d DCA·
1959-07-10
·cited 18×
An appraiser challenged an injunction preventing him from performing a reappraisal contract for Pasco County tax purposes, arguing that tax appraisal work falls outside Florida's Real Estate License Law. The court held that appraisement of property for compensation, regardless of
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257 F.2d 601·
10th Cir.·
1958-07-28
·cited 18×
The court held that the plaintiff failed to prove the jurisdictional amount in controversy because the value of the right to be protected is measured by the loss from compliance, not anticipated profits, and compliance was not impossible.
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258 F.2d 516·
1st Cir.·
1958-07-24
·cited 18×
The court held that the determination of whether a party has complied with procedural requirements for arbitration, such as acting within a reasonable time, is a preliminary question for the court, not the arbitrator.
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The court held that the contempt finding was not appealable as it was not a final decision and no penalty had been imposed, but affirmed the preliminary injunction.
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97 So. 2d 329·
Fla. 2d DCA·
1957-10-16
·cited 18×
A Florida appellate court affirmed a trial court's decree requiring landowners to open their dike at two specific points to allow natural water flow through established water courses on the plaintiff's land. The court held that landowners cannot construct dikes that obstruct the
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The court held that the district court erred in finding it had federal jurisdiction because the plaintiff failed to provide competent proof that the amount in controversy exceeded $3,000.
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240 F.2d 504·
5th Cir.·
1957-01-16
·cited 18×
A contract for the sale of gas, even if lacking initial mutuality, can be enforced if there has been part performance, and the contract language is clear and unambiguous regarding its scope, even if subsequent events make the bargain appear harsh.
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The court held that the district court erred in denying a hearing where a genuine issue of fact existed regarding the legality of evidence seizure, and that the appeal was not moot.
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234 F.2d 465·
3d Cir.·
1956-06-20
·cited 18×
The court held that an appeal from the dismissal of an injunction claim is moot once the enjoined action has been consummated, especially when no stay was sought pending appeal.
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233 F.2d 796·
5th Cir.·
1956-05-25
·cited 18×
The court held that the district court erred in dismissing the suit as premature without a full hearing.
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87 So. 2d 97·
Fla.·
1956-03-16
·cited 18×
Homeowners who purchased lots in Davis Islands subdivision challenged the developers' decision to subdivide and sell a golf course area, claiming they acquired easement rights through public dedication, estoppel, or contract. The Florida Supreme Court affirmed the lower court's r
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The court granted a stay, preventing the FCC from processing applications for VHF Channel 10 pending the outcome of a deintermixture proceeding.
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The court held that the district court lacked jurisdiction to grant an injunction because plaintiffs had not exhausted their administrative remedies.
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223 F.2d 93·
5th Cir.·
1955-06-17
·cited 18×
The appellate court affirmed the trial court's judgment, finding the plaintiffs' appeal specifications contradicted the relief they were granted.
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The dissenting judge believes the majority erred by upholding a decision from a biased tribunal, arguing the district court should determine if the union falls under statutory protections.
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220 F.2d 808·
D.C. Cir.·
1955-02-17
·cited 18×
The court held that the plaintiff's union membership, and the potential loss of employment and benefits stemming from his expulsion, constituted a matter in controversy exceeding $3,000.00, thus establishing federal jurisdiction.
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The court held that the Norris-LaGuardia Act prohibits federal courts from issuing injunctions against peaceful strikes and picketing, even when such actions violate a collective bargaining agreement under the Labor Management Relations Act.
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75 So. 2d 831·
Fla.·
1954-11-16
·cited 18×
The Florida Supreme Court reversed a temporary injunction preventing the creation of a municipality in South Peninsula, Volusia County. The court held that equity courts should not enjoin the exercise of political rights granted by statute absent a clear showing of irreparable in