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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316 F.2d 546·
2d Cir.·
1963-04-30
·cited 14×
The court held that orchestra leaders in the single engagement field are employers under § 302 of the Labor Management Relations Act, and thus unions cannot demand payment of taxes and surcharges from them.
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152 So. 2d 723·
Fla.·
1963-04-19
·cited 14×
The Florida Supreme Court held that a local bar association and individual lawyers lack standing to bring suit against title companies for unauthorized practice of law, finding that only The Florida Bar, as an arm of the Supreme Court with exclusive jurisdiction over attorney dis
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The court held that a district court has the discretion to temporarily stay arbitration proceedings ancillary to a patent infringement suit, even if the arbitration clause is otherwise valid.
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The court held that the copyright proprietor did not forfeit its copyright by failing to affix notice to each copy of infringing fabric distributed by third parties, nor by the placement of notices on the selvage of its own manufactured fabric.
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150 So. 2d 450·
Fla. 3d DCA·
1963-02-26
·cited 14×
Red Top Sedan Service and Miami Beach Air Transport challenged a trial court's injunction prohibiting their airport transportation operations in Dade County. The appellate court affirmed, holding that the concession contract violated Florida law by designating entire municipaliti
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The court held that a criminal contempt conviction based on violating an injunction that exceeded the court's jurisdiction is void and must be reversed.
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The court held that the Norris-LaGuardia Act did not deprive the district court of the power to grant an injunction pending appeal, and that the district court did not abuse its discretion in doing so.
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308 F.2d 435·
3d Cir.·
1962-09-28
·cited 14×
The court held that the District Court erred by failing to make adequate findings of fact and conclusions of law before denying a preliminary injunction.
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142 So. 2d 332·
Fla. 2d DCA·
1962-06-13
·cited 14×
Beery and Brown challenge a trial court's denial of their motion to dismiss a complaint seeking injunctive relief to enforce non-compete covenants in their employment contracts with an insurance agency. The court holds that a liquidated damages clause in a non-compete agreement d
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Federal courts lack jurisdiction to adjudicate disputes arising from the internal administration of executive branch agencies, such as the relocation of an agricultural program office.
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The court held that the trial court did not abuse its discretion in denying a temporary injunction, as the evidence did not clearly show imminent irreparable harm.
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137 So. 2d 15·
Fla. 3d DCA·
1962-02-01
·cited 14×
In this interlocutory appeal, a Florida appellate court affirmed the dissolution of a temporary injunction that had restrained defendants from making derogatory statements about plaintiff's business. The court found no abuse of discretion by the trial judge in dissolving the inju
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The court held that the trial court did not err in granting a temporary injunction against a welfare plan that appeared to violate Section 302(a) of the Labor Management Relations Act.
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282 F.2d 851·
D.C. Cir.·
1960-08-04
·cited 14×
The court held that the appellant's total commissioned service was correctly computed, and therefore, he was not insulated from separation from service by having achieved twenty years of service.
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275 F.2d 850·
5th Cir.·
1960-03-11
·cited 14×
The court held that the district court erred by not requiring the school district to make a prompt and reasonable start toward full compliance with the desegregation order, and modified the order to require submission of a plan.
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115 So. 2d 442·
Fla. 2d DCA·
1959-11-04
·cited 14×
Curtis Pools, Inc. sought a temporary and permanent injunction against former general manager George L. Fulton to enforce a non-compete agreement. The trial court dissolved the temporary injunction after hearing evidence, and the appellate court affirmed, finding no abuse of disc
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The court held that the order granting a temporary mandatory injunction was reviewable, and that the trial court did not abuse its discretion in granting it.
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112 So. 2d 398·
Fla. 1st DCA·
1959-05-21
·cited 14×
The City of Daytona Beach appealed a summary decree that struck down an ordinance prohibiting outdoor signs advertising rates for hotel, motel, and apartment accommodations. The Florida appellate court reversed, holding that the ordinance is not facially unconstitutional and that
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The court held that the plaintiffs failed to exhaust their administrative remedies under North Carolina law before seeking federal injunctive relief for school desegregation.
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The court held that the district court erred in issuing a preliminary injunction without making required findings of fact and conclusions of law, and without affording the defendant a full hearing on disputed factual issues.
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105 So. 2d 775·
Fla.·
1958-10-17
·cited 14×
Scripto, Inc., a Georgia corporation, challenged Florida's attempt to collect use tax on two categories of transactions: display containers provided free with writing instruments, and advertising pens sold through commissioned jobbers in Florida. The Florida Supreme Court held th
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102 So. 2d 631·
Fla. 1st DCA·
1958-05-08
·cited 14×
This case involves an appeal from an order dismissing a complaint that sought to invalidate the closure of a public road and its conveyance to a chemical company. The court affirmed the dismissal, holding that the plaintiffs, as members of the general public, lacked standing to s
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A subdivision developer conveyed sewer easement rights to property owners in Russell Park Subdivision through both express representations and an executed quitclaim deed. When the defendant, a subsequent purchaser of property through which the sewer line ran, attempted to interfe
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99 So. 2d 248·
Fla. 3d DCA·
1957-12-02
·cited 14×
The court affirmed a lower court ruling that a 1910 deed reservation allowing the Trustees of the Internal Improvement Fund to construct drainage works on plaintiffs' land was valid, properly assigned to the Central and Southern Florida Flood Control District, and did not require
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249 F.2d 77·
1st Cir.·
1957-10-31
·cited 14×
The court held that the plaintiffs' appeal was not a final decision and thus dismissed it for lack of jurisdiction, while affirming the defendant's appeal of the injunction.
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247 F.2d 194·
10th Cir.·
1957-08-08
·cited 14×
The court held that the jury's verdict was proper as the jury's intent was clear, and the trial court did not err in allowing the jury to reconsider inconsistent verdicts.
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241 F.2d 417·
3d Cir.·
1957-02-15
·cited 14×
The court held that the absent local unions were indispensable parties, and thus the district court did not err in dismissing the complaint.
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Dade County appeals the dismissal of a suit seeking a declaration that disputed land is under its control for highway purposes and an order to remove concrete obstructions placed by adjoining property owners. The court holds that the complaint sufficiently alleges both a valid de
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85 So. 2d 731·
Fla.·
1956-03-02
·cited 14×
This case involves a dispute over property use and zoning violations. The appellate court affirmed a lower court's decision to enjoin certain uses of the defendants' property, including renting out an outbuilding and attaching a house trailer, due to violations of city ordinances
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228 F.2d 895·
5th Cir.·
1956-01-06
·cited 14×
The court held that its prior order granting a rehearing and setting aside an affirmance was erroneous, and reinstated the original order affirming the district court's decision.
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The Florida Industrial Commission lacks jurisdiction to review a deputy commissioner's compensation order if the application for review is filed with the commission more than twenty days after copies of the order were mailed to the parties.
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81 So. 2d 554·
Fla.·
1955-06-24
·cited 14×
The Florida Supreme Court reversed a lower court judgment granting an injunction against a road obstruction, holding that the plaintiff-appellee lacked standing to sue because he failed to demonstrate the special damage required to challenge an obstruction of a public road. The d
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223 F.2d 36·
5th Cir.·
1955-05-25
·cited 14×
The court held that the modified device was a substantial equivalent of the previously infringing device, thus violating the injunction, but modified the award of double damages for willful infringement.
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222 F.2d 61·
2d Cir.·
1955-04-15
·cited 14×
The court held that the trial court properly interpreted the scope of remand and that Tinnerman's res judicata arguments were without merit, affirming both judgments.
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78 So. 2d 858·
Fla.·
1955-03-23
·cited 14×
This case concerns whether the State Comptroller can directly collect sales tax from a registered dealer (the purchaser) when the dealer's records do not show that vendors collected the tax on their purchases. The court held that the purchaser is ultimately liable for the tax and
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79 So. 2d 699·
Fla.·
1955-01-28
·cited 14×
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73 So. 2d 867·
Fla.·
1954-07-06
·cited 14×
A Florida Supreme Court decision addressing whether a labor union and individual employees could obtain equitable relief against a hotel employer for alleged unfair labor practices, including using company housing to coerce employees during a labor dispute. The court held that wh
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The court held that the dismissal of the suit was error because the complaint stated a case for equitable relief within the District Court's jurisdiction.
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65 So. 2d 7·
Fla.·
1953-04-28
·cited 14×
The Florida Supreme Court held that the City of Ocoee's charter act of 1925, which created the municipality and granted it certain 'powers and privileges,' was broad enough to reasonably encompass the power of municipal annexation by ordinance, even though annexation was not expl
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202 F.2d 177·
3d Cir.·
1953-02-10
·cited 14×
The dissenting judge believes the court's order is too broad and should be restricted to the specific parties and locations involved in the proven labor dispute.
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63 So. 2d 496·
Fla.·
1953-02-06
·cited 14×
Segal, a zoological garden operator, challenged Miami's R-1 single-family zoning of four of his lots adjacent to his B-3 business-zoned lots where he conducted animal operations. The Florida Supreme Court affirmed the lower court's rejection of his zoning challenge, holding that
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201 F.2d 711·
D.C. Cir.·
1953-01-15
·cited 14×
Prison officials have broad control over prisoner mail, and courts cannot order the destruction of government records.
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201 F.2d 273·
2d Cir.·
1953-01-07
·cited 14×
The court held that there is a substantial question regarding the ordinance's validity against federal supremacy, and thus the injunction against its enforcement should be continued pending trial.
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The Florida Supreme Court reversed a lower court decision that had found Miami Retreat Foundation not to be a charitable organization and had removed directors and granted Ruth Reed half the Foundation's assets. The court held that the Foundation qualified as a charitable organiz
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61 So. 2d 753·
Fla.·
1952-12-12
·cited 14×
The Florida Supreme Court affirmed a permanent injunction against a union, finding that their picketing, which was accompanied by violence and intimidation, was for an unlawful purpose and thus not protected speech. The court emphasized that picketing for coercion loses its const
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The court held that the first case was improperly removed as it did not present a federal question, and the second case improperly sought to enjoin state court proceedings.
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193 F.2d 975·
8th Cir.·
1952-02-05
·cited 14×
The court held that the District Court had jurisdiction to issue a preliminary injunction requiring a railroad to provide switching service, even on intrastate traffic, when a substantial federal question was presented.
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A court has jurisdiction to hear an injunction case and should not refuse to exercise it based on enforcement difficulties or inability to provide alternative housing for defendants.
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186 F.2d 886·
7th Cir.·
1951-01-23
·cited 14×
A criminal contempt proceeding cannot support a judgment for civil contempt reparations, even if the underlying conduct could justify both. Costs are permissible in criminal contempt.