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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586 F.2d 726·
9th Cir.·
1978-11-22
·cited 17×
The Deepwater Port Act of 1974 does not apply to offshore facilities used exclusively for the production, transportation, and storage of oil from adjacent Outer Continental Shelf mineral leases.
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577 F.2d 1196·
5th Cir.·
1978-08-09
·cited 17×
The court held that determining sovereignty over disputed territory is a political question, rendering the case nonjusticiable under Article III, and reversed the district court's denial of an injunction against further litigation.
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568 F.2d 628·
9th Cir.·
1977-12-14
·cited 17×
The court held that union officers cannot be held in contempt of an injunction solely based on their status as officers without clear and convincing proof of their personal contumacious conduct.
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539 F.2d 1388·
5th Cir.·
1976-10-12
·cited 17×
The court held that the district court correctly dismissed the shareholder derivative action against both the bank defendants and Arthur F. Burns.
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322 So. 2d 571·
Fla. 2d DCA·
1975-10-10
·cited 17×
The City of Temple Terrace challenged the operation of a mentally retarded respite care facility in a residential zone, arguing the Association violated zoning ordinances. The trial court held the Association immune from zoning because it performed state functions and thus stood
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317 So. 2d 744·
Fla.·
1975-07-31
·cited 17×
The Florida Supreme Court reviewed a circuit court's dismissal of a petition by Holmes County's property appraiser challenging the Department of Revenue's disapproval of the county's 1974 tax roll. The Court held that while the statutory administrative review process was the excl
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313 So. 2d 458·
Fla. 3d DCA·
1975-05-27
·cited 17×
The court affirmed the trial court's judgment regarding permanent alimony, child support, and a lien on the husband's property, holding that these provisions were not reversible error. The court also affirmed the order for the husband to pay for his son's special education expens
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513 F.2d 684·
10th Cir.·
1975-04-07
·cited 17×
The court held that the plaintiff's complaint did not allege facts sufficient to establish that the defendants' conduct had a substantial effect on interstate commerce, thus the district court lacked subject matter jurisdiction.
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310 So. 2d 1·
Fla.·
1975-01-15
·cited 17×
The Florida Supreme Court granted writs of prohibition to prevent two circuit judges from exercising jurisdiction over disputes involving the Florida Public Service Commission's grant of temporary authority to operate as a common carrier and enforcement of non-compete agreements
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293 So. 2d 123·
Fla. 3d DCA·
1974-04-09
·cited 17×
The court held that a property owner validly revoked a personal license (not an easement) that had granted neighboring defendants ingress, egress, and limited loading platform rights over her land, because the defendants violated the agreement's conditions by enlarging the loadin
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The court held that the Secretary's emergency suspension order was subject to judicial review and was an arbitrary exercise of authority.
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A preliminary injunction should issue because there is a reasonable probability that the merger would create a market structure conducive to unlawful reciprocal dealing.
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A party participating in a preliminary injunction hearing waives the defense of lack of personal jurisdiction, even if they could have filed a timely motion to dismiss.
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364 F.2d 676·
D.C. Cir.·
1966-06-27
·cited 17×
The court held that the appellants' challenge to the Secretary's actions was not ripe for judicial intervention because they failed to demonstrate concrete harm or a threat of immediate harm from the Secretary's order.
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The court held that a party cannot challenge the validity of an original injunction in a subsequent contempt appeal, but imprisonment for failure to pay a money judgment is impermissible.
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161 So. 2d 35·
Fla. 1st DCA·
1964-02-11
·cited 17×
The State Road Department sued to enjoin property owners from blocking a storm sewer system easement across their land, and the owners counterclaimed for damages and sought to enjoin the sewer use. The trial court summarily dismissed both the complaint and counterclaim due to the
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325 F.2d 206·
5th Cir.·
1963-12-06
·cited 17×
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323 F.2d 937·
5th Cir.·
1963-10-11
·cited 17×
The court held that the trial court erred in directing a verdict for the Hotel on damages for violations occurring before October 31, 1959, and that the injunction was too narrowly drawn. The court also affirmed the validity of the May 9 agreement and the corporate veil piercing.
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156 So. 2d 408·
Fla. 2d DCA·
1963-08-09
·cited 17×
Florida Power Corporation sought to enjoin defendants from constructing a filling station that would interfere with a guy wire supporting a utility pole on the defendants' property, but the lower court dissolved the injunction and required the power company to relocate the guy wi
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148 So. 2d 744·
Fla. 1st DCA·
1963-01-22
·cited 17×
The Sanitarians' Registration Board appealed a mandamus order compelling it to issue a certificate of registration to Eugene Solomon without examination under the 'grandfather clause' of Florida law. The court reversed, holding that mandamus was not the proper remedy because dete
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115 So. 2d 1·
Fla.·
1959-10-14
·cited 17×
The Supreme Court held that a petition for certiorari is not the proper procedural vehicle to seek review of a District Court of Appeal decision that initially construes a controlling provision of the Florida Constitution; such review must be by appeal.
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100 So. 2d 672·
Fla. 3d DCA·
1958-02-13
·cited 17×
This case addresses whether the Trustees of Florida's Internal Improvement Fund can be sued in Dade County regarding title to accreted lands, reversing the lower court's dismissal based on improper venue. The court holds that suits to quiet title to land must be brought in the co
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245 F.2d 192·
3d Cir.·
1957-05-01
·cited 17×
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225 F.2d 795·
10th Cir.·
1955-08-19
·cited 17×
A federal court lacks jurisdiction to interfere with a state court judgment if the state court had jurisdiction and its judgment was not void.
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The Supreme Court of Florida affirmed a lower court's decision ordering Miami Shores Village to rezone certain properties from residential to business use. The court found the residential zoning to be arbitrary, unreasonable, and confiscatory given the surrounding business develo
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52 So.2d 679·
Fla.·
1951-05-04
·cited 17×
The Florida Supreme Court considered whether a merchant, acting as a tax collector, was liable for sales tax funds stolen from their business. The court held that the merchant, acting as an involuntary trustee, is not liable for the loss if they exercised due care in protecting t
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158 Fla. 705·
Fla.·
1947-04-01
·cited 17×
The Florida Supreme Court upheld a special act classifying certain St. Petersburg waters as salt water and restricting fishing methods therein, rejecting challenges based on legislative authority, discrimination, and constitutional validity. The court distinguished between the le
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147 F.2d 57·
3d Cir.·
1945-01-04
·cited 17×
The court held that an order denying a motion to stay criminal proceedings pending before the district court is not a final decision nor an injunction, and thus is not appealable.
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151 Fla. 606·
Fla.·
1942-10-23
·cited 17×
The Florida Supreme Court held that state circuit courts lack jurisdiction to enjoin or restrain the federal Securities and Exchange Commission from conducting administrative hearings on broker registration revocation. The court ruled that the Securities Exchange Act of 1934 vest
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126 F.2d 164·
5th Cir.·
1942-02-26
·cited 17×
The court held that a federal question must be essential to the plaintiff's cause of action and appear on the face of the complaint to support removal jurisdiction, and that ancillary jurisdiction fails if the basis for removal jurisdiction is absent.
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146 Fla. 352·
Fla.·
1941-03-11
·cited 17×
The Florida Supreme Court held that the City of Daytona Beach lacked the statutory authority to lease its municipal airport to a private individual, rendering the lease void. The Court rejected the argument that general charter language authorizing property disposition extended t
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141 Fla. 899·
Fla.·
1940-02-23
·cited 17×
Harold Robinson, operating the Seminole Laundry in Hillsborough County, challenged the constitutionality of Florida's laundry and dry cleaning regulatory statute. The Florida Supreme Court upheld the statute, finding Robinson lacked standing because his operations were not direct
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138 Fla. 386·
Fla.·
1939-06-02
·cited 17×
The Florida Supreme Court upheld a statute allowing landowners to exclude their property from a municipality and be relieved of municipal bond obligations, holding that the statute does not violate the Florida Constitution's requirement to protect municipal creditors when municip
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134 Fla. 618·
Fla.·
1938-10-24
·cited 17×
The Florida Supreme Court affirmed the dismissal of a taxpayer's amended bill of complaint challenging property tax assessments. The court held that the taxpayer failed to meet constitutional and statutory requirements for challenging tax assessments, specifically by not paying t
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126 Fla. 18·
Fla.·
1936-10-30
·cited 17×
A Duval County taxpayer challenged Chapter 17246 (1935), which authorized the construction of a Main Street Bridge across the St. Johns River and the issuance of revenue debentures secured by tolls from both the new Main Street Bridge and the existing Broad Street Bridge. The Flo
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122 Fla. 443·
Fla.·
1936-02-01
·cited 17×
The Florida Supreme Court held that a waiver of venue filed with the Securities Commission did not waive a domestic corporation's right to be sued in its county of domicile. The court reversed a lower court's decision that allowed a suit to proceed in a different county based on
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Southern Tours, Inc. sought to enjoin competitors Merryman and Hill from operating an unlicensed auto transportation service. The Florida Supreme Court reversed the trial court's grant of a temporary injunction without bond, holding that injunctions under the relevant statute req
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115 Fla. 816·
Fla.·
1934-07-21
·cited 17×
The Florida Supreme Court upheld an injunction preventing publication of a proposed constitutional amendment consolidating county tax collector and assessor offices because the amendment, though properly adopted by the House and later by the Senate, did not appear in the Senate J
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82 Fla. 2·
Fla.·
1921-06-15
·cited 17×
The Florida Supreme Court reversed an order overruling a demurrer to a bill of complaint seeking an injunction to protect riparian rights. The court held that the complainant's title, derived from a U.S. patent dated after Florida's statehood, extended only to high water mark, an
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39 Fla. 172·
Fla.·
1897-01-01
·cited 17×
This case addresses whether a detached tract of land, used as part of a home farm, can be claimed as part of a homestead exemption when the family resides on a separate tract. The court held that it cannot, emphasizing that the homestead exemption protects the actual family home
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23 Fla. 99·
Fla.·
1887-01-01
·cited 17×
The Florida Supreme Court held that a circuit court judge lacks authority to vacate a final judgment rendered during a term after that term has adjourned, absent statutory authorization. The court reversed an injunction granted to prevent execution on such a judgment.
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Marcus Smith sought to enjoin the tax collector from selling his property for allegedly illegal taxes levied by Daytona in 1882. The Florida Supreme Court held that the Board of Aldermen lacked authority to levy general property taxes in 1882 because that power had been repealed
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15 Fla. 306·
Fla.·
1875-06-01
·cited 17×
A Florida property owner sought an injunction to prevent the town of Cedar Keys from erecting a market-house, public pound, and jail in the middle of a street directly in front of his commercial and residential property. The Supreme Court reversed the lower court's denial of the
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6 Fla. 533·
Fla.·
1856-01-01
·cited 17×
Thomas Linton sought to enjoin collection of a promissory note, claiming he had made substantial advances to the borrower Walker that should offset the debt, and that the note's transferees Denham & Palmer had notice of these equities. The Florida Supreme Court reversed the lower
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Once a trial court determines it lacks personal jurisdiction and dismisses a case, it exceeds its case jurisdiction by entering a separate order addressing the merits of a pending motion for temporary injunction. A court without jurisdiction cannot proceed in any manner and must
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213 So. 3d 982·
Fla. 1st DCA·
2016-04-27
·cited 16×
The Florida First District Court of Appeal reversed a domestic violence injunction granted to a mentally ill adult daughter against her parents who had been involved in her mental health treatment and Baker Act proceedings. The court held that the parents' conduct, while sometime
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181 So. 3d 1252·
Fla. 1st DCA·
2015-12-28
·cited 16×
Inspector General Investigators for the Florida Department of Corrections appealed the dismissal of their complaint challenging two confidentiality agreements they were required to sign. The appellate court affirmed the dismissal because the appellants failed to address the trial
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The wife appealed the trial court's dismissal of her dissolution of marriage petition and domestic violence injunction petition. The court found it lacked subject matter jurisdiction over the dissolution due to the wife's non-permanent residency status and lacked personal jurisdi
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85 So. 3d 1182·
Fla. 4th DCA·
2012-04-18
·cited 16×
Burtoff challenges an order denying his motion for an evidentiary hearing and to dissolve an injunction freezing his bank account. The Florida appellate court reversed because the injunction was issued without proper evidentiary hearing procedures and lacked required factual find
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78 So. 3d 737·
Fla. 4th DCA·
2012-02-08
·cited 16×
Charles Eldon appealed a temporary injunction granted against him. The Florida Fourth District Court of Appeal reversed because the injunction order lacked sufficient factual findings supporting each element of the four-part injunction test and failed to set an appropriate bond a