5,622 Florida cases classified under this topic, plus 6,125 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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269 So. 2d 659·
Fla.·
1972-11-22
·cited 76×
This interlocutory appeal addresses whether taxpayers have standing to challenge the constitutionality of provisions in Florida's 1971 General Appropriations Act. The Florida Supreme Court held that taxpayers may sue to challenge appropriations legislation on constitutional groun
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The court held that the defendants abused their discretion by failing to comply with NEPA's procedural requirements for an environmental impact statement, and that the district court did not err in issuing a preliminary injunction without requiring a security bond.
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The court held that the state and federal highway officials must comply with the relocation assistance and environmental impact statement requirements of federal law before proceeding with further property acquisitions for the I-90 project.
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412 F.2d 1103·
D.C. Cir.·
1969-06-06
·cited 76×
The court held that Section 10(b)(3) of the Military Selective Service Act does not bar a suit challenging the legality of administrative regulations and official policy, and that a justiciable controversy exists regarding the portion of the Hershey directive authorizing reclassi
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104 Fla. 609·
Fla.·
1932-04-04
·cited 76×
Florida's 1931 Chain Store Act imposed graduated license fees on retail merchants based on the number and location of stores under common management. The Florida Supreme Court upheld the Act against constitutional challenges that it violated due process and equal protection by di
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97 Fla. 493·
Fla.·
1929-04-06
·cited 76×
The Florida Supreme Court affirmed an interlocutory decree overruling a demurrer to a bill seeking to wind up a defunct corporation and appoint a receiver, holding that while courts generally lack authority to dissolve corporations absent statute, equity may intervene where offic
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74 Fla. 336·
Fla.·
1917-11-15
·cited 76×
Bozeman Brothers and others challenged a St. Petersburg ordinance that vacated and closed portions of public streets and granted the land to the Atlantic Coast Line Railroad Company for a freight depot. The Florida Supreme Court affirmed the dismissal, holding that the complainan
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702 F.2d 1362·
Fed. Cir.·
1983-03-23
·cited 75×
The court's majority opinion, by strict construction, limits the scope of consent to be sued under the Tucker Act, resulting in a potentially fragmented and less effective avenue for bid protests.
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The court held that corporate officials cannot be personally enjoined for corporate securities law violations unless they personally committed or knowingly participated in the violation. The court reversed the injunction against the appellants, finding no evidence of a fraudulent
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The court held that the district court abused its discretion by allowing the arbitration of a crucial factual antitrust issue regarding the existence and extent of proprietary technology, which requires judicial determination.
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The court affirmed the injunction based on reasonable cause but reversed the contempt finding due to insufficient evidence.
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663 F.2d 619·
5th Cir.·
1981-12-11
·cited 74×
The court held that the Dallas-Fort Worth Airport terminals are public forums and that the ordinance's permit system is unconstitutional due to lack of procedural safeguards and excessive discretion granted to officials.
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472 F.2d 693·
2d Cir.·
1972-12-18
·cited 74×
The court held that the Secretary of Transportation cannot approve federal funding for the highway project because it fails to comply with NEPA, parkland protection statutes, hearing requirements, and bridge permit regulations.
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450 F.2d 1227·
8th Cir.·
1971-11-03
·cited 74×
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422 F.2d 1100·
2d Cir.·
1970-03-03
·cited 74×
The court held that it lacks jurisdiction to hear the appeal from the order denying a stay of arbitration proceedings.
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Times Publishing Company and others appealed a trial court's dismissal of their complaint seeking to enjoin the Pinellas County School Board from holding closed meetings in violation of Florida's 1967 "Government in the Sunshine Law." The court reversed, holding that the statute
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337 F.2d 579·
4th Cir.·
1964-08-10
·cited 74×
The court granted petitions for rehearing in two specific cases to consider the effect of newly enacted legislation on the prior disposition.
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142 Fla. 612·
Fla.·
1940-04-12
·cited 74×
Sarah Blitch challenged a 1924 Ocala fire limits ordinance that prohibited her from re-roofing her wooden-shingled cottages with the same materials, forcing her to use costlier fire-resistant materials. The Florida Supreme Court held that while the ordinance was valid on its face
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The Eleventh Circuit affirmed the district court's finding that three civil rights organizations had Article III standing to challenge Florida's voter registration statute requiring first-time registrants to provide and match driver's license or Social Security numbers, but rever
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The court affirmed the preliminary injunction, finding sufficient grounds for subject matter and personal jurisdiction under the FSIA and that Harris had a substantial likelihood of success on the merits regarding fraud in the transaction.
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A federal court may issue a preliminary injunction to maintain the status quo pending an FMC decision, even if joint sea/rail rates are involved, but the district court abused its discretion by granting the injunction in this case.
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119 So. 2d 305·
Fla. 2d DCA·
1960-04-06
·cited 73×
Property owners around Egypt Lake sought to enjoin water skiing operations conducted by the Florios at Ralston Beach and by McDonald's ski school, alleging a public nuisance. The court found a nuisance existed but reversed the injunction as overly broad and wrongfully discriminat
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The Yardleys appeal a trial court's temporary injunction favoring their neighbors, the Albus, regarding use of a five-foot easement on the Yardleys' property. The appellate court reversed, holding that the injunction order failed to comply with Florida Rules of Civil Procedure Ru
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The court held that the insurance policy and summary plan descriptions clearly reserved the company's right to amend the medical insurance plan, including imposing premium contributions on retirees, and thus the retirees did not have vested rights to lifetime paid-up insurance.
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434 So. 2d 306·
Fla.·
1983-07-07
·cited 72×
The Florida Supreme Court reversed a Third District Court of Appeal decision that had struck down a Florida High School Activities Association (FHSAA) rule limiting football players to 44 uniforms in post-season play. The Court held that the rule survives equal protection scrutin
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The court held that summary judgment was improper regarding the validity of the zoning ordinance and the equal protection claim, but affirmed the dismissal of the conspiracy claim and the immunity of local legislators for legislative acts.
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316 So. 2d 557·
Fla.·
1975-07-02
·cited 72×
The Florida Supreme Court held that a 1970 statute requiring 90 days' notice before terminating motor vehicle franchise agreements cannot be applied retroactively to a franchise contract executed before the statute's effective date, as doing so would unconstitutionally impair the
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527 F.2d 786·
9th Cir.·
1975-06-19
·cited 72×
The court held that the approval of coal leases constituted "major federal action" requiring a comprehensive Environmental Impact Statement (EIS) under NEPA, and that the EIS prepared for a smaller mining plan was inadequate for the overall leases. The court reversed summary judg
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The court held that it lacked appellate jurisdiction over most issues, as the order appealed was not a final judgment, but had jurisdiction over the interlocutory order granting injunctive relief. The court reversed the grant of injunctive relief.
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The court held that the district court did not abuse its discretion in granting a preliminary injunction to Koppers, as it was justified to prevent irreparable harm and preserve the status quo pending trial.
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113 Fla. 491·
Fla.·
1932-10-01
·cited 72×
Bond holders of negotiable coupon refunding bonds issued by the Everglades Drainage District sought mandamus to compel the Board of Commissioners and tax assessors to assess and collect drainage taxes at the rate fixed by Chapter 10026 (Acts of 1925), arguing that subsequent legi
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106 Fla. 140·
Fla.·
1932-07-09
·cited 72×
The Florida Supreme Court held that a court of equity has jurisdiction to enjoin a municipal recall election when proceedings fail to substantially comply with statutory requirements, distinguishing recall elections from ordinary elections because they are extraordinary proceedin
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The court held that the district court did not err in finding that the potential harm to union members from implementing new work rules was insufficient to justify overriding the limitations of the Norris-LaGuardia Act and granting injunctive relief pending arbitration.
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256 So. 2d 524·
Fla. 2d DCA·
1971-12-01
·cited 71×
Florida's Department of Revenue appealed the denial of its plea to change venue in a suit by First Federal Savings & Loan seeking to enjoin collection of intangible taxes. The court reversed, holding that absent a waiver, state agencies may only be sued outside their official hea
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316 F.2d 804·
9th Cir.·
1963-04-22
·cited 71×
The court held that a judge abused their discretion by dissolving a preliminary injunction and issuing a new one, as it improperly granted full relief and disregarded the prior judge's order without sufficient cause.
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The court held that the order denying the government's motion to dissolve a stay and vacate an order to show cause in a pre-indictment motion to suppress evidence is not an appealable interlocutory order under 28 U.S.C. § 1292(a)(1).
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123 Fla. 810·
Fla.·
1934-07-31
·cited 71×
The Florida Supreme Court affirmed a lower court's decree due to an equal division among the justices, establishing a precedent for affirming decisions when the court is equally divided.
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78 Fla. 98·
Fla.·
1919-07-08
·cited 71×
James Berry conveyed his property to H. A. Miller by warranty deed while retaining a quit-claim deed and Miller's promise to redeem, to protect the property during domestic troubles. Miller's judgment creditors sought to levy on the property, and the Florida Supreme Court held th
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75 Fla. 271·
Fla.·
1918-02-14
·cited 71×
The Florida Supreme Court affirmed dismissal of a bill of complaint seeking to prevent the City of Tampa from opening a street across the complainant's property. The court held that platting land and selling lots according to the plat constitutes a mere offer of dedication of the
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71 Fla. 1·
Fla.·
1916-01-13
·cited 71×
The Florida Supreme Court affirmed the trial court's decision to sustain exceptions to portions of a defendant's answer in a partition suit. The case involved competing claims to timberland where a co-tenant claimed he had adversely possessed the property, but the court held his
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58 Fla. 477·
Fla.·
1909-06-01
·cited 71×
In this equity case, the Florida Supreme Court affirmed the trial court's decree canceling two deeds and granting injunctive relief to the complainant Thompson against the appellants Mock and Hutchinson. The court found the trial judge's factual findings were amply supported by t
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45 Fla. 600·
Fla.·
1903-01-01
·cited 71×
The legislature's constitutional power under Article XVI, section 30 of the 1885 Florida Constitution to regulate rates charged by water companies and other public utilities performing services of a public nature is a continuing, ever-present power that cannot be surrendered by c
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The court affirmed the district court's findings of trademark infringement, contempt, and the issuance of a permanent injunction, holding that the district court's factual findings were not clearly erroneous and that Euroquilt's arguments regarding representation and injunction v
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620 F.2d 964·
3d Cir.·
1980-04-24
·cited 70×
The dissenting judge holds that the original version of § 1903.4 permitted ex parte warrants, making the injunctions improper due to lack of probable success on the merits.
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309 So. 2d 571·
Fla. 2d DCA·
1975-03-14
·cited 70×
The Florida District Court of Appeal affirmed a trial court's injunction preventing the Town of Largo from enforcing restrictive single-family zoning on property after the town had rezoned it for high-rise multiple-family development and Imperial Homes relied substantially on tha
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472 F.2d 261·
5th Cir.·
1972-11-24
·cited 70×
A district court has the inherent power to punish for criminal contempt a non-party who violates a court order designed to protect its ability to render a binding judgment, even if the non-party was not acting in concert with a party.
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The court held that federal courts should not abstain from hearing federal constitutional claims under the Civil Rights Act, but may dismiss claims seeking injunctions or declaratory relief against pending state criminal prosecutions absent a showing of bad faith or harassment. I
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The court held that the plaintiffs failed to demonstrate the "grievous wrong evoked by new and unforeseen conditions" required to modify a prior injunction under the standard set by United States v. Swift & Co.
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331 F.2d 1000·
D.C. Cir.·
1964-02-03
·cited 70×
A single circuit judge has the authority to issue emergency writs to preserve the status quo in cases where a patient's life is in imminent danger and a judicial decision is needed.
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While district courts have jurisdiction to enjoin IRS investigations, the court here erred in enjoining the investigation because the IRS agents acted within their statutory authority and their decision to investigate was not arbitrary, even though the statute of limitations had