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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491 F.2d 608·
4th Cir.·
1974-02-12
·cited 14×
Federal civilian courts should not pass on the appropriateness of court-martial jurisdiction over narcotic offenses before military courts have made findings on the issue of service-connection. Servicemen must exhaust military remedies first.
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A private individual may obtain a preliminary injunction in a Title VII action without demonstrating imminent irreparable injury, as the statute itself provides for such relief.
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487 F.2d 936·
Temp. Emer. Ct. App.·
1973-10-25
·cited 14×
The Economic Stabilization Act applies to state and local government employees, and Congress has the constitutional power under the Commerce Clause to regulate their wages and salaries.
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The court held that the district court erred in issuing a preliminary injunction to restrain execution of a state court judgment, as neither the Securities Exchange Act's § 21(e) nor the Anti-Injunction Act's 'necessary in aid of jurisdiction' exception applied.
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276 So. 2d 41·
Fla.·
1973-04-11
·cited 14×
The Florida Supreme Court resolved three certified questions concerning whether Orange County must levy ad valorem taxes for road and bridge purposes and share those taxes with the City of Orlando. The Court held that counties are mandatorily required to levy such taxes and must
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465 F.2d 630·
D.C. Cir.·
1972-06-30
·cited 14×
The court reversed the district court's dismissal, holding that the Recorder of Deeds' act of filing and maintaining restrictive racial covenants in public records violates the Fair Housing Act of 1968 and the Fourteenth Amendment's Equal Protection Clause. The court found that t
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The court held that the longshoreman's claim was not time-barred because the initial informal claim remained pending until a formal adjudication by the Deputy Commissioner, and the carrier's interpretation of modification provisions was erroneous.
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The court held that the district court did not abuse its discretion in denying the motion for a preliminary injunction.
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459 F.2d 328·
10th Cir.·
1972-05-01
·cited 14×
The court held that the district court abused its discretion by granting summary judgment instead of staying proceedings, as comity principles dictated deference to the first court that attached jurisdiction.
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257 So. 2d 538·
Fla.·
1972-01-26
·cited 14×
The Florida Supreme Court reversed a circuit court decision invalidating a statute that allowed county agricultural zoning boards to reclassify agricultural land as non-agricultural when surrounded by urban development on two or more sides. The Court held the statute is a valid e
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For Adults Only, Inc. appealed a permanent injunction issued under Florida's obscenity statute prohibiting the sale and distribution of certain sexually explicit materials. The court affirmed the injunction, rejecting constitutional challenges to the statute and finding the defen
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The court held that the dismissal of the complaint was erroneous because it was based on evidence presented solely for a temporary restraining order without proper notice, and disputed factual issues precluded summary judgment.
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455 F.2d 149·
3d Cir.·
1971-12-30
·cited 14×
A railroad's established past practice of changing examination site locations, even if not explicitly in the contract, can continue during the pendency of a Section 6 notice under the Railway Labor Act, as long as the union was aware and acquiesced.
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The court held that improper command influence exerted on a court martial deprived the accused of his constitutional right to a fair trial, warranting correction of his military record.
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450 F.2d 97·
2d Cir.·
1971-10-13
·cited 14×
The court held that the orders denying the union's motion to dissolve the temporary restraining order were effectively preliminary injunctions and thus appealable. The court reversed the orders granting injunctive relief and affirmed the order denying jurisdiction.
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The court held that the Regional Director has a mandatory duty to petition for injunctive relief under § 10(l) of the NLRA once reasonable cause to believe a secondary boycott charge is true is found, subject to limited discretion regarding initial demands or insignificant violat
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The court held that the district court's finding of a technical violation of Title VII was supported by the evidence, and the award of attorneys' fees was not an abuse of discretion.
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442 F.2d 926·
5th Cir.·
1971-03-17
·cited 14×
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The court held that the dispute over whether ALPA members could refuse to cross a sister union's picket lines was a minor dispute subject to arbitration under the System Board of Adjustment, and ordered immediate arbitration.
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The court held that a preliminary injunction restraining defendants from misusing plaintiff's alleged trade secrets was valid and properly granted.
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240 So. 2d 153·
Fla.·
1970-10-14
·cited 14×
The court held that the respondent engaged in the unauthorized practice of law and was in contempt, imposing a suspended jail sentence and a fine, and permanently enjoining him from further unauthorized practice.
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The court held that the distinction in the Immigration and Nationality Act between adult and minor citizen children for immigration preference purposes is not unconstitutional. The court found no equal protection violation.
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The court affirmed the district court's remand order and dismissal of the federal action, finding that removal under 28 U.S.C. § 1443 was limited to racial equality claims and that appellants failed to exhaust state remedies before seeking federal injunctive relief.
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The court affirmed the grant of a preliminary injunction, finding no abuse of discretion given the admitted copying of a copyrighted pin after notice.
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The court held that the denial of a preliminary injunction against the use of 'Hills' on coffee products was an abuse of discretion, as confusion was likely.
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The court affirms the denial of a preliminary injunction.
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424 F.2d 1200·
7th Cir.·
1970-03-19
·cited 14×
A federal district court has discretion to dismiss a statutory interpleader action on grounds of equity and comity if the interests of the stakeholder and claimants are adequately protected in a pending state court proceeding.
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The court held that police officers cannot determine obscenity and seize materials without a warrant, as this violates the First and Fourteenth Amendments and due process. Seizures of alleged obscene materials require a prior adversary judicial hearing.
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The court held that the district court did not abuse its discretion in dismissing the plaintiffs' action with prejudice due to their repeated delays and in issuing a permanent injunction against further actions seeking injunctive relief.
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218 So. 2d 745·
Fla.·
1969-02-05
·cited 14×
The Florida Supreme Court upheld the validity of special acts authorizing Palm Beach County to adopt building, electrical, plumbing codes, and zoning regulations, rejecting a trailer park corporation's challenge that the enabling statutes lacked sufficient standards and guidance.
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400 F.2d 383·
8th Cir.·
1968-08-28
·cited 14×
The court held that while the Secretary of Agriculture has implied authority to impound trespassing livestock and that such actions are judicially reviewable, the plaintiffs' complaint failed to state a claim because it did not allege that livestock was impounded on non-Forest Se
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214 So. 2d 82·
Fla. 3d DCA·
1968-03-26
·cited 14×
In this corporate stockholder dispute, the court reversed a judicial sale of Gourmet Masters, Inc. assets for $4,500 due to inadequate price and failure to disclose the nature and amount of assets being sold. The court also reversed a temporary injunction issued against judgment
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A district court should not enjoin proceedings in a coordinate district court, especially after the latter has denied similar relief, as proper procedure involves appeal or application to the appellate court.
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204 So. 2d 197·
Fla.·
1967-11-13
·cited 14×
Florida taxpayers challenged a school district's tax collection procedure that applied a voter-approved 10-mill rate to dramatically increased property assessments without taxpayer approval, effectively multiplying their tax burden. The Supreme Court held that this procedure viol
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The court held that the district court did not abuse its discretion in refusing to issue a preliminary injunction, as the issue of carrier status requires a full hearing on the merits.
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194 So. 2d 640·
Fla. 3d DCA·
1967-01-17
·cited 14×
A. C. Kittel obtained a divorce decree in Mexico after a brief stay in a Juarez hotel, without establishing residency. The Florida court declared the Mexican divorce void for lack of jurisdiction, refusing to recognize it under the comity doctrine because the defendant lacked pro
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Lot owners in a subdivision sued to enjoin the construction and use of commercial buildings, seeking a mandatory injunction to have the buildings removed or converted to residential use, based on restrictive covenants recorded on the plat.
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190 So. 2d 368·
Fla. 2d DCA·
1966-09-30
·cited 14×
The Florida District Court of Appeal affirmed a circuit court order prohibiting the use of a uniform tax factor (1.818) to multiply existing Hillsborough County property assessments and instead requiring completion of a comprehensive reappraisal. The court held that applying a si
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The Secretary of the Interior has the inherent statutory power to administratively cancel a contract with a tribe's General Counsel for cause, and the admitted unauthorized use of tribal staff attorneys on contingent fee cases constituted sufficient cause.
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189 So. 2d 811·
Fla. 1st DCA·
1966-08-23
·cited 14×
The Florida District Court of Appeal reversed a temporary restraining order and injunction issued against National Dairy Products Corporation in an unfair competition case, holding that the trial court erred in granting the order without notice and without adequate sworn factual
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180 So. 2d 349·
Fla. 1st DCA·
1965-11-16
·cited 14×
Margaret Gallion appeals a dismissal of her complaint seeking to enjoin execution and levy on her separate property to satisfy a judgment based on a promissory note she executed with her husband. The court affirmed the dismissal, holding that because the borrowed funds were used
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The court held that inter-island flights over the high seas between Hawaiian Islands are subject to federal regulation by the Civil Aeronautics Board, as Hawaii did not establish its channels as 'historic waters'.
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348 F.2d 244·
9th Cir.·
1965-06-30
·cited 14×
The court held that while the district court erred in treating the contempt matter as one on motion rather than a trial, the appellants are entitled to a trial only on the specific issue of whether their modified resin infringes the patent claims.
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346 F.2d 661·
6th Cir.·
1965-06-11
·cited 14×
The court held that the trial court did not err in admitting testimony regarding competitor bankruptcies, that there was sufficient evidence for the jury's verdict on antitrust violations and damages, and that the attorneys' fees awarded were not an abuse of discretion, though a
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174 So. 2d 49·
Fla. 3d DCA·
1965-04-06
·cited 14×
The City of Miami appealed a trial court decree that upheld a bus bench advertising contract between the City and Bus Benches Co., enjoining the City from enforcing a resolution that would have removed benches from residential areas. The court held that the contract was valid and
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338 F.2d 823·
8th Cir.·
1964-12-08
·cited 14×
The court held that an order denying a motion for summary judgment or to dismiss a complaint is not a final decision and is not appealable as an interlocutory injunction, as it does not affect substantive rights.
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168 So. 2d 65·
Fla.·
1964-10-07
·cited 14×
The Florida Supreme Court reversed the lower courts' decisions that granted exclusive riparian rights to the City of Fort Lauderdale regarding accretions to a public street, holding that expressly reserved riparian rights in a plat dedication do not pass to the public as an incid
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323 F.2d 95·
4th Cir.·
1963-09-23
·cited 14×
The United States acquired no title to the disputed land through its 1935 condemnation proceedings because it failed to provide adequate notice to the true owners, nor did it establish title through adverse possession due to insufficient possession.
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The court held that an injunction restraining the publication of a court filing is appealable as a preliminary injunction and can be upheld under the court's equitable powers, but an injunction restraining communication about the matters within the filing violates the First Amend