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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307 So. 2d 189·
Fla. 4th DCA·
1975-01-31
·cited 13×
Florida Power & Light Company sought to enjoin labor unions from strike-related violence and filed contempt proceedings for violations of a temporary restraining order. After the strike ended, the trial court dissolved the restraining order and dismissed the case without resolvin
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The court held that the trial court erred in dismissing the complaint sua sponte without notice or hearing, and that plaintiffs should have been given an opportunity to amend their complaint for injunctive relief and damages.
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The dissenting judge argues that federal courts should not interfere in ongoing state criminal proceedings absent bad faith, harassment, or truly extraordinary circumstances, which are not present here.
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The court held that by disseminating notices opposing bussing, the school committee utilized the school distribution system as a forum for one viewpoint, thus violating the First Amendment and Equal Protection Clause.
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The court held that the district judge's failure to explicitly state a likelihood of success on the merits did not require reversal of the preliminary injunction, as the record supported the injunction.
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269 So. 2d 699·
Fla. 3d DCA·
1972-11-21
·cited 13×
The City of Miami Beach and competing hotel operators appealed a summary judgment declaring a zoning ordinance unconstitutional as applied to the Carriage House Apartment Hotel, which sought to operate service stores and offices permitted for hotels with 100+ rooms. The court rev
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463 F.2d 771·
3d Cir.·
1972-07-06
·cited 13×
The court held that a claim based on the alleged illegality of a state contract, even if framed as a constitutional violation, does not present a federal question sufficient for federal court jurisdiction.
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The court denied the plaintiffs' motion for summary reversal of the denial of a preliminary injunction and denied their application for leave to appeal an interlocutory discovery order.
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254 So. 2d 51·
Fla. 3d DCA·
1971-10-26
·cited 13×
The City of North Miami Beach appealed a certiorari judgment that voided portions of its zoning ordinance requiring city council approval of residential construction plans in business zones, finding the ordinance lacked adequate standards for discretionary approval. The court aff
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251 So. 2d 1·
Fla.·
1971-07-12
·cited 13×
The Florida Supreme Court held that the Civil Service Board of Escambia County has standing to challenge ordinances repealing the statutory civil service system, and that the County Commission lacked constitutional authority to repeal a special act creating that system because no
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Military commanders have broad discretion to exclude individuals from bases, and their decisions will only be disturbed if patently arbitrary or discriminatory, not merely because they regulate First Amendment activities.
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248 So. 2d 674·
Fla. 3d DCA·
1971-05-25
·cited 13×
The court held that a party challenging a city's action as illegal due to procedural defects, like lack of notice, does not need to show injury different from the general public.
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The Florida Supreme Court reversed a trial court's decision striking down the Commissioner of Agriculture's brucellosis eradication program in Martin County. The court held that statutes authorizing summary destruction of infected cattle and compensating owners up to $12.50 per a
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398 F.2d 810·
5th Cir.·
1968-07-24
·cited 13×
The court held that the District Court properly exercised its discretion in ordering conditional imprisonment as a civil contempt sanction for violating a prior injunction.
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The federal district court correctly dismissed the action because federal courts cannot review state court decisions, and the matter was also barred by res judicata.
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The court held that the injunctive decree was sufficiently specific and the evidence supported the finding of contempt, thus the judgment should be affirmed.
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A preliminary injunction cannot be granted without a hearing if there is a dispute over the facts.
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The court held that the appeal should be dismissed as moot because the election sought to be enjoined has already occurred.
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This case involves a dispute over a recall election for city commissioners in Opa Locka, Florida. The court reversed a temporary injunction that had halted the recall process, finding the grounds for recall stated in the affidavit were sufficient to proceed.
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272 F.2d 407·
9th Cir.·
1959-10-26
·cited 13×
The court held that the district court lacked jurisdiction to review alleged errors of state trial courts and that the Declaratory Judgment and All Writs Acts do not confer jurisdiction where none otherwise exists.
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102 So. 2d 720·
Fla.·
1958-05-09
·cited 13×
A church majority cannot withdraw from the parent church and claim title to church property against the minority group remaining faithful.
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61 So. 2d 175·
Fla.·
1952-07-18
·cited 13×
The Florida Supreme Court affirmed a lower court's decision, holding that Bruce's Juices' arrangement of leasing trucks with drivers for interstate transport constituted an unauthorized transportation service, not a mere vehicle rental. This ruling emphasized substance over form
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177 F.2d 129·
9th Cir.·
1949-08-30
·cited 13×
The court held that an appeal should not be dismissed due to the appellee corporation's dissolution, and that substitution of the successor corporation was not mandatory or appropriate in this case.
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The court held that while it had jurisdiction over the appellant, the telegraph company was justified in discontinuing service due to illegal use by recipients, and thus the appellant was not entitled to a mandatory order for restoration.
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160 Fla. 622·
Fla.·
1948-06-25
·cited 13×
The Florida Supreme Court upheld an injunction against the City of Orlando's enforcement of an excise tax on fuel oil purchases, holding that the city lacked statutory and charter authority to impose such a tax on consumers.
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152 Fla. 542·
Fla.·
1943-03-16
·cited 13×
Lincoln Tower Corporation sought to enforce a covenant in a commercial lease requiring the tenant, Richters' Jewelry Company, to keep its store open year-round except on holidays. The Florida Supreme Court reversed the lower court's denial of injunctive relief, holding that the c
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The court held that the plaintiffs' claims could be aggregated to meet the jurisdictional amount requirement because they shared a common cause of action and an undivided interest, analogous to a class action.
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85 F.2d 208·
D.C. Cir.·
1936-05-18
·cited 13×
The court reversed the trial court's dismissal of the bill of complaint, finding that the plaintiffs had stated a cause of action and that the trial court should not have passed upon the constitutional questions without a full hearing on the facts. The case was remanded for furth
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121 Fla. 212·
Fla.·
1935-10-15
·cited 13×
This case involves a taxpayer's suit challenging the City of Daytona Beach's delivery of water revenue certificates. The court affirmed the dismissal of the suit, holding that the city could proceed with the delivery under its charter powers, as a subsequently enacted general law
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107 Fla. 110·
Fla.·
1932-10-22
·cited 13×
The Florida Supreme Court affirmed an injunction preventing a bank liquidator from borrowing money and pledging assets of an insolvent bank, holding that Florida's statutory liquidation scheme does not confer express or implied authority for such borrowing, and courts cannot gran
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70 Fla. 9·
Fla.·
1915-06-26
·cited 13×
The Pullman Company sought to enjoin Florida's Comptroller from collecting a tax on gross receipts from sleeping and parlor cars operating intrastate, arguing the tax violated both state and federal constitutional protections against deprivation of property without due process an
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62 Fla. 507·
Fla.·
1911-06-01
·cited 13×
Jackson appeals an order overruling her plea of res adjudicata in an ejectment-style suit brought by abutting land owners to prevent Jackson from obstructing Spring Street. The Florida Supreme Court holds that a prior adjudication between Jackson and town authorities regarding wh
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53 Fla. 1059·
Fla.·
1907-01-01
·cited 13×
Jacksonville Cigar Company sued its former director Dozier and guarantor Watkins, claiming Dozier obtained a lease renewal in his individual capacity that should be held in trust for the corporation. The Florida Supreme Court affirmed dismissal, holding that while directors norma
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29 Fla. 617·
Fla.·
1892-01-01
·cited 13×
The Pensacola & Atlantic Railroad Company sought equity relief to enjoin multiple individuals from prosecuting suits for alleged overcharges beyond rates fixed by the Florida Railroad Commission. The Florida Supreme Court reversed the chancellor's decree denying the railroad's de
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20 Fla. 597·
Fla.·
1884-01-01
·cited 13×
The Florida Supreme Court held that a railroad company cannot appropriate a landowner's property for construction without prior legislative authorization for eminent domain and without ensuring just compensation before taking possession. The court invalidated the statutory provis
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19 Fla. 766·
Fla.·
1883-01-01
·cited 13×
The Florida Supreme Court affirmed an equitable decree establishing the Pensacola City Company's title to land near Pensacola and granting a perpetual injunction against defendant Caro's interference, while modifying the decree to the extent it purported to bind non-party heirs o
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3 Fla. 269·
Fla.·
1850-01-01
·cited 13×
A Florida Supreme Court decision addressing whether an administrator can seek equitable relief to enjoin collection on promissory notes secured by land with unknown incumbrances. The court held that in executory contracts, equity may intervene when the vendor becomes insolvent an
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The court held that the defendant's motion to vacate the preliminary injunction, while ultimately unsuccessful, was not frivolous or brought in bad faith, thus denying the plaintiff's motion for Rule 11 sanctions.
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A public transit authority's advertising policy prohibiting advertisements that "primarily promote a religious faith or religious organization" violated the First Amendment because it lacked objective and workable standards under Minnesota Voters Alliance v. Mansky, even though t
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26 F.4th 1235·
11th Cir.·
2022-03-03
·cited 12×
The Eleventh Circuit held that a plaintiff's allegations of diminished aesthetic pleasure from viewing a wetland, which was filled with outside materials, suffice to establish an injury in fact for standing purposes.
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Ashley Krapacs appeals a stalking injunction entered by the trial court in favor of attorney Nisha Bacchus. Krapacs had posted disparaging comments about Bacchus on social media, including tagging her repeatedly. The appellate court reversed the injunction, finding that Krapacs's
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282 So. 3d 965·
Fla. 1st DCA·
2019-10-11
·cited 12×
Repeated unwanted communications directed at an ex-partner who has explicitly demanded no contact, including emails and flowers sent despite a cease-and-desist letter and law enforcement intervention, constitute stalking and satisfy the statutory requirements for a dating violenc
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Bradley Noe appealed the trial court's denial of his motion to dissolve a domestic violence injunction entered against him 15 years earlier. The court affirmed, holding that Noe's incarceration alone was insufficient to dissolve the injunction where the appellee demonstrated a re
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Harold Fish sued Deputies Harrison and Loucks under the Fourth Amendment after they entered his home while accompanying his former lover Riesco to retrieve personal belongings, observed firearms in violation of a domestic violence injunction, and arrested him. The Eleventh Circui
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The court held that the injunction was not supported by competent, substantial evidence because the petitioner failed to prove Leaphart committed the alleged acts of domestic violence or that she was in imminent danger.
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173 So. 3d 1037·
Fla. 2d DCA·
2015-07-15
·cited 12×
Unit owners appealed the denial of a mandatory injunction against their condominium association for failing to repair moisture intrusion through the building's floor slab. The appellate court reversed, holding that the owners satisfied all requirements for mandatory injunctive re
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The appellate court held that the trial court violated the husband's due process rights by prematurely ending an evidentiary hearing without allowing him to present his evidence.
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Weisberg appeals a domestic violence injunction entered against him by his former son-in-law Albert. The court reversed, holding that Albert failed to prove he was a victim of domestic violence or in imminent danger thereof based on a single threatening statement without overt ac
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113 So. 3d 1063·
Fla. 1st DCA·
2013-06-05
·cited 12×
The Florida Department of Corrections and Corizon, Inc. appealed a circuit court injunction blocking a healthcare services contract for prison inmates in three regions. The appellate court reversed, holding that the Department had valid statutory authority to enter the contract a
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45 So. 3d 915·
Fla. 3d DCA·
2010-10-06
·cited 12×
Dr. Genchi appealed the denial of his motion for a temporary injunction seeking reinstatement of his medical staff privileges at Lower Keys Medical Center, which were not renewed because he failed to comply with a seven-year board certification requirement. The court affirmed the