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 district court did not abuse its discretion in refusing to issue a preliminary injunction against the construction of a low-rent housing project.
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A state court's joint judgment against a bankrupt husband and his wife, which can be satisfied from property held by the entirety, is barred by the husband's discharge in bankruptcy, notwithstanding state law to the contrary.
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456 F.2d 428·
8th Cir.·
1972-03-20
·cited 16×
The court held that the trial court erred in denying the motion to strike the affidavit and granting summary judgment because the affidavit contained inadmissible hearsay and controverted facts were not properly considered.
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The dissenting judge maintains their original position, disagreeing with the majority's interpretation of precedent and its implications for judicial oversight of the civil service.
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455 F.2d 1084·
10th Cir.·
1972-02-08
·cited 16×
The court held that prison officials did not abuse their discretion in placing an inmate in a control unit for organizing activities, and that the right to correspond with an attorney does not extend to soliciting outside help for prison organizations. However, the dismissal of a
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The court held that the first bona fide user of an abandoned trademark does not automatically acquire secondary meaning rights associated with the mark.
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The court held that the district court erred in dismissing the complaint without affording the appellants an opportunity to be heard, but did not err in denying the motion for a preliminary injunction based on the likelihood of success on the merits.
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The court held that the district court erred in granting a preliminary injunction without making the required findings of fact under Rule 52(a).
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A medical student at the University of Miami sought mandatory injunction to compel the university to grant him a doctor of medicine degree, claiming he had satisfactorily completed all required coursework and that the university's dismissal for academic failure was arbitrary and
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The court held that the trial court did not err in refusing to dissolve the injunction, in interpreting the original order to permit irrigation of an additional tract, or in determining the reasonable price for gas.
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424 F.2d 988·
1st Cir.·
1970-04-28
·cited 16×
The court held that the university officials were justified in removing an art exhibition from a public corridor due to its potentially offensive content, even if not legally obscene, because the corridor was a passageway with a captive audience.
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The court held that plaintiffs failed to establish a right to an agency hearing before additional oil drilling, and thus the denial of a preliminary injunction on non-constitutional grounds was not an abuse of discretion.
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The court held that limiting prisoners to 10 sheets of paper per day is not an abuse of discretion by prison authorities.
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424 F.2d 478·
6th Cir.·
1970-03-26
·cited 16×
The court held that the district court properly dismissed the claim for a three-judge panel, but erred in not considering the claim for federal injunctive relief under 42 U.S.C. § 1983.
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The court held that the plaintiff's claim for a declaratory judgment and injunction was moot due to the government's dismissal of his indictment, and that he lacked standing to seek such relief.
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422 F.2d 1264·
9th Cir.·
1970-03-12
·cited 16×
A voluntary dismissal filed by a plaintiff before an answer or motion for summary judgment terminates the action automatically, and the trial court cannot deny its filing.
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The court held that a union's picketing activity to force an employer to reassign work, even temporarily, constitutes an unfair labor practice under Section 8(b)(4)(D) of the NLRA, and the "unclean hands" defense is not applicable against the NLRB seeking injunctive relief.
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220 So. 2d 693·
Fla. 3d DCA·
1969-03-21
·cited 16×
A landlord sought to evict a tenant in civil court, and the tenant filed a separate suit in circuit court seeking declaratory relief and an injunction to restrain the eviction proceedings. The court held that the circuit court had equity jurisdiction to hear the tenant's claims a
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402 F.2d 660·
D.C. Cir.·
1968-09-23
·cited 16×
The court held that the farm location differential provision in the federal milk marketing order is illegal because it is incompatible with the Agricultural Marketing Agreement Act of 1937, as it relies on prohibited considerations of historical fluid use patterns.
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214 So. 2d 34·
Fla.·
1968-09-18
·cited 16×
The Florida Supreme Court affirmed an injunction prohibiting public school teachers from striking, holding that government employees have no constitutional right to strike absent specific statutory authorization, and that such a prohibition does not constitute involuntary servitu
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392 F.2d 497·
D.C. Cir.·
1968-03-08
·cited 16×
Bonds issued by the Port of New York Authority, secured by all its resources but not by the taxing power, do not fall within the exception for "general obligations of any State or of any political subdivision thereof" under the Banking Act of 1933.
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The court held that the referee did not abuse his discretion in adjudicating the corporations bankrupt and confirming the sale of assets, as the corporations had ample time to file a plan and the sale was conducted properly.
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191 So. 2d 460·
Fla. 1st DCA·
1966-10-11
·cited 16×
Stockholders challenged their corporation's board decision to issue Class A voting stock to themselves in exchange for Class B non-voting stock, which diluted minority shareholder control. The court upheld the injunction invalidating the stock issuance and found the board action
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190 So. 2d 796·
Fla. 1st DCA·
1966-10-04
·cited 16×
Florida Peach Orchards and its principals appealed an interlocutory order denying their motion to dismiss an injunction complaint and refusing to dissolve a temporary restraining order issued by the Florida Securities Commission for alleged violations of securities laws. The cour
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364 F.2d 603·
5th Cir.·
1966-07-26
·cited 16×
A one-year continuance of an action to enjoin violations of the Fair Labor Standards Act is appealable as an effective denial of an injunction, and the district court erred in not granting the injunction.
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362 F.2d 317·
8th Cir.·
1966-06-30
·cited 16×
A consent decree in a patent infringement action, which includes an injunction against infringement, has res judicata effect and binds the parties and those in privity with them, precluding them from later attacking the patent's validity.
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The court affirmed the district court's orders granting a preliminary injunction and appointing a receiver, finding no clear error in the factual findings, application of law, or abuse of discretion, subject to a modification for a tax problem.
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354 F.2d 982·
5th Cir.·
1965-12-13
·cited 16×
The court held that the statutory requirement of a bond for a claimant of property levied under execution does not violate due process or equal protection.
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The court held that promotional literature seized in a warehouse, not yet distributed or shipped in interstate commerce, does not constitute 'labeling' subject to condemnation under the Federal Food, Drug, and Cosmetic Act. Additionally, an injunction prohibiting sales to all pri
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169 So. 2d 351·
Fla. 3d DCA·
1964-11-24
·cited 16×
In this divorce appeal, the husband challenges interlocutory orders granting his wife an injunction against interference, temporary alimony, use of an automobile, exclusive residence, and payment of utilities and medical expenses. The Florida District Court of Appeal affirmed, ho
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159 So. 2d 924·
Fla. 3d DCA·
1964-01-21
·cited 16×
A subdivider's reserved right to modify protective covenants includes the right to make them less restrictive, not just more restrictive. The ordinary meaning of 'modify' allows for alteration or change, which can be an increase or decrease.
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The Railway Labor Act does not apply to employees of an air carrier whose work has no relation to air transportation.
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324 F.2d 303·
4th Cir.·
1963-10-31
·cited 16×
The court held that the School Board had not demonstrated sufficient compliance with the injunction to justify its dissolution, as the history of desegregation efforts was too short and marked by continued discriminatory practices.
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318 F.2d 447·
6th Cir.·
1963-06-18
·cited 16×
The court held that the defendant corporation's activities in Tennessee were insufficient to establish the minimal contacts required for personal jurisdiction under Tennessee law.
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The court held that the district court had jurisdiction to grant a preliminary injunction based on allegations of voting rights violations under Title I of the LMRDA, and that such allegations were sufficient to warrant the injunction.
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150 So. 2d 460·
Fla. 3d DCA·
1963-02-26
·cited 16×
Davis appealed a permanent injunction prohibiting him from competing in magazine subscription sales and recreational equipment businesses for ten years following his sale of his business to EBSCO Industries. The court upheld the non-compete agreements as valid under New York law
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149 So. 2d 912·
Fla. 2d DCA·
1963-02-15
·cited 16×
The County of Hillsborough appealed a trial court's injunction preventing destruction of the Prices' dog, which had bitten their son. The appellate court affirmed, holding that Chapter 61-2242's title—restricting the statute to "stray untagged vicious dogs"—limited its scope, and
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149 So. 2d 584·
Fla. 3d DCA·
1963-02-12
·cited 16×
Turk sued Hysan Products for breach of an oral exclusive agency agreement to sell "Futron" chemical products in Dade and Broward Counties, seeking injunctive relief. The trial court granted summary judgment for the defendant, holding the contract too vague and uncertain to warran
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143 So. 2d 859·
Fla.·
1962-07-25
·cited 16×
The Florida Supreme Court held that Dade County's uniform plumbing certification standards preempt a municipality's attempt to impose higher local standards, because plumbing regulation concerns public health and safety—matters of county-wide significance rather than purely local
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302 F.2d 352·
9th Cir.·
1962-04-13
·cited 16×
The court held that the trial court's findings were not clearly erroneous and that there was no abuse of discretion in granting the injunction.
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The court held that the Secretary of Agriculture's regulation requiring genuine hams with added moisture to be labeled "Imitation Ham" was arbitrary and capricious on its face, forcing a violation of the Meat Inspection Act.
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134 So. 2d 791·
Fla.·
1961-11-01
·cited 16×
Dade County enacted an ordinance regulating taxicab operations in unincorporated areas, but the Florida Supreme Court held that the ordinance conflicts with and is preempted by state law (Chapter 323, Florida Statutes), which the Home Rule Amendment makes controlling. The Court a
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132 So. 2d 237·
Fla. 3d DCA·
1961-07-27
·cited 16×
The court held that judicial interference with the Board of County Commissioners' legislative discretion in setting election dates for charter amendments is not warranted absent a showing of fraud, corruption, or gross abuse of discretion.
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130 So. 2d 121·
Fla. 3d DCA·
1961-05-11
·cited 16×
Whyte and Hickling, original sellers of a bus company stock, sought to enjoin a sale to the county and rescind subsequent stock sales by Williams. The court affirmed an injunction against the county sale but reversed the rescission of prior sales, finding the injunction necessary
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129 So. 2d 419·
Fla.·
1961-05-05
·cited 16×
An attorney and candidate for Florida Supreme Court challenged state statutes requiring qualifying fees and party assessments, arguing they imposed unconstitutional additional qualifications for office. The Florida Supreme Court held that reasonable candidate filing fees are cons
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The appeal is not moot because the $50,000 bond posted to secure the injunction creates a live controversy regarding potential recovery. The injunction properly issued, requiring the railroad to continue operations until the ICC certificate became effective.
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276 F.2d 433·
2d Cir.·
1960-03-25
·cited 16×
The court held that the Postmaster-General's decision to bar the book from the mails was subject to judicial review, and that contemporary judicial standards should be applied.
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275 F.2d 529·
7th Cir.·
1960-01-11
·cited 16×
The court held that the complaint stated a cause of action for equitable relief under Public Law 37, allowing the United States Attorney to bring the action, but that removal of a commissioner was not authorized.
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The court held that the Administrator's termination of compensation payments was an arbitrary refusal to perform a statutory duty and was not insulated from judicial review by the finality provision.
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The City of Eustis appeals a mandatory injunction requiring removal of piers, docks, and boathouses that encroach on an upland owner's riparian rights. The court reversed, holding that the defense of laches bars relief where structures existed long before the owner acquired title