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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437 F.2d 1143·
7th Cir.·
1971-01-22
·cited 12×
The court held that the removal of the state injunction action to federal court was proper, and the plaintiffs' failure to appeal the denial of their intervention petition barred a collateral attack on the subsequent judgment.
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The court held that it would not grant a stay pending appeal of a preliminary injunction ordering a teacher's reinstatement, finding no abuse of discretion by the district court.
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The court held that while detained juveniles have a constitutional right to consult privately with counsel and access a telephone, the district court erred in granting an injunction where the state did not concede infringement and the plaintiff's claims were based on hearsay and
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The court held that New York's statutory scheme for public assistance grants, which provided lower monthly payments in upstate counties than in New York City without objective cost justification, violated federal law requiring uniform standards. The court affirmed the district co
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The Indian preference statutes, specifically 25 U.S.C. § 472, apply only to appointments to vacancies and do not entitle Indian employees to preferential treatment during agency reductions in force.
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429 F.2d 702·
2d Cir.·
1970-07-01
·cited 12×
The court held that the WAPELLO, having been built in the United States and later sold foreign, was permanently disqualified from engaging in the coastwise trade under the first proviso to Section 27 of the Merchant Marine Act of 1920. Consequently, the OBSERVER, which incorporat
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249 So. 2d 491·
Fla. 3d DCA·
1970-06-23
·cited 12×
Florida tax authorities appealed circuit court judgments that capped property valuations for ad valorem tax assessment purposes of Hialeah Race Course, Inc. at approximately $2.14 million for 1967 and adopted the same valuation methodology for 1968. The court upheld the taxpayer'
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426 F.2d 908·
2d Cir.·
1970-06-02
·cited 12×
The court held that the National Guard's order for active duty due to unsatisfactory participation based on hair length did not violate the appellant's constitutional rights or contractual agreements.
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The court held that a competitor's false advertising in a two-firm market is actionable, even without passing off, if material misrepresentations cause harm.
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In a declaratory judgment action over insurance proceeds, the trial court granted a temporary injunction against Stella Hoffman without bond. The appellate court reversed, finding the trial court failed to comply with procedural requirements for issuing injunctions without bond u
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426 F.2d 305·
5th Cir.·
1970-03-18
·cited 12×
The court held that the government failed to prove beyond a reasonable doubt that the defendant knew of the injunction and its terms, and therefore could not be convicted of criminal contempt for violating it.
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The Court of Appeals affirmed the district court's injunction, holding that Pennsylvania's preliminary injunctive procedures, as applied to obscenity cases, fail to provide adequate safeguards against undue inhibition of protected expression. These procedural deficiencies create
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414 F.2d 153·
6th Cir.·
1969-07-09
·cited 12×
The court held that the sale of securities was an intrastate transaction, exempt from the Securities Exchange Act, because the issuer operated and sold the securities within Michigan, despite the underlying oil wells being in Ohio.
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412 F.2d 995·
3d Cir.·
1969-06-25
·cited 12×
The court held that while the plaintiff did not gain title to artificially reclaimed land, he retained a littoral owner's right of access to the lagoon across that land.
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413 F.2d 1263·
5th Cir.·
1969-06-24
·cited 12×
The court held that the district court properly assumed jurisdiction and granted summary judgment, enjoining further proceedings in state court to protect and effectuate its prior judgment.
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224 So. 2d 405·
Fla. 2d DCA·
1969-06-11
·cited 12×
The court held that a motion for rehearing of an order dismissing a complaint with prejudice is proper under Florida Rules of Civil Procedure and tolls the time for filing a notice of appeal. This case clarifies the appellate procedure when a trial court dismisses a complaint wit
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412 F.2d 140·
9th Cir.·
1969-05-28
·cited 12×
The court held that the prior federal court decision was entitled to controlling weight and that the reservist's contentions regarding due process, equal protection, and double jeopardy lacked merit.
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The court held that the district court did not err in granting a preliminary injunction to maintain the status quo for 60 days, balancing the equities between the employer's economic interests and the employees' potential irreparable harm.
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406 F.2d 14·
5th Cir.·
1968-12-26
·cited 12×
The court held that mandamus is an extraordinary writ not appropriate for deciding issues that can be addressed through the ordinary appellate process, even if those issues involve jurisdiction.
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A district court does not abuse its discretion by denying a preliminary injunction motion without oral testimony if the existing record adequately addresses the issues.
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214 So. 2d 644·
Fla. 3d DCA·
1968-10-15
·cited 12×
The City of North Miami Beach appealed a trial court order invalidating an ordinance that allocated public funds to pay special counsel defending city councilmen and the city attorney against a lawsuit challenging their election. The court reversed, holding that the city had a su
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The court held that the trial court correctly vacated the temporary injunction and quashed service of process for relief requiring in personam jurisdiction, but erred in not allowing plaintiff to amend her complaint regarding custody.
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400 F.2d 926·
8th Cir.·
1968-09-25
·cited 12×
The court held that the contract language and amendments provided the government with the right to access the contractor's books and records for audit purposes, and that such issues could be determined via summary judgment.
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394 F.2d 809·
2d Cir.·
1968-05-14
·cited 12×
A settlement agreement entered into after a judgment, which incorporates parts of that judgment, extinguishes the prior judgment and the rights of the parties are measured solely by the agreement.
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This appeal addresses whether a trial court had jurisdiction over consolidated cases to void a judgment obtained through collusion and determine preference among competing judgments, and whether attorney's fees were properly awarded as costs. The court upheld the substantive judg
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The court held that the District Court erred in setting aside the Deputy Commissioner's award of temporary total disability benefits, as the employer did not adequately raise the issue of the extent of disability at the administrative level.
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The court held that a preliminary injunction is not warranted for mechanical music copyrights once the owner has acquiesced in their use, as exclusivity is lost and irreparable harm is not presumed.
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203 So. 2d 636·
Fla. 3d DCA·
1967-11-07
·cited 12×
Cannon Sand & Rock appealed a dismissal order entered after it settled a dispute with Maule Industries over a subcontracting arrangement. The court affirmed the dismissal, holding that Cannon was precluded from appealing a judgment it had consented to and benefited from through s
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378 F.2d 78·
4th Cir.·
1967-05-05
·cited 12×
Denial of a transfer motion under 28 U.S.C. § 1404(a) was an abuse of discretion, and mandamus should issue to compel the transfer.
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The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiff failed to show a strong likelihood of success on the merits or irreparable injury.
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370 F.2d 746·
5th Cir.·
1967-01-04
·cited 12×
The court held that federal law does not preempt state common law claims for damages, including punitive damages and attorney fees, in secondary boycott cases involving violent or willful tortious conduct.
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The court held that the Securities and Exchange Commission did not exceed its jurisdiction in instituting proceedings against the appellants, and the appellants failed to demonstrate irreparable harm.
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The court held that the District Court erred in failing to impose suitable relief and sanctions after finding the Carrier violated the Railway Labor Act by leasing its elevator without bargaining. The court affirmed the denial of modifying NLRB injunctions.
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366 F.2d 851·
10th Cir.·
1966-10-05
·cited 12×
The court held that the district court erred in dismissing the habeas corpus petition without examining the merits, as the prior dismissal was based on failure to exhaust state remedies, not a determination of the substantive issues. The court affirmed the denial of the injunctio
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366 F.2d 544·
9th Cir.·
1966-09-15
·cited 12×
The court held that even if the Administrator's regulation is subject to judicial review, courts have strict limitations on their power to substitute their judgment for that of the administrative agency when the agency acts within its delegated authority.
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364 F.2d 721·
5th Cir.·
1966-07-06
·cited 12×
The court held that a city ordinance prohibiting the exhibition of nude or semi-nude pictures visible from public streets is a reasonable exercise of police power to protect children, and that the definition of obscenity used in the ordinances is constitutionally sufficient.
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362 F.2d 515·
9th Cir.·
1966-06-14
·cited 12×
The court held that while the map was copyrightable and the county infringed by failing to affix notices, the damages awarded were not supported by sufficient evidence. The case was remanded for redetermination of damages.
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191 So. 2d 583·
Fla. 3d DCA·
1966-06-07
·cited 12×
Douglas Staples appealed the dismissal of his complaint seeking equitable relief, including a constructive trust, based on allegations that his attorney Battisti committed fraud and breached a confidential relationship by failing to inform him that a will executed by his ex-wife
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The court held that the trial court acted within its mandate and had the inherent power to modify an injunction, and that a defense raised after remittitur was improper.
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The court held that a sales agency agreement between an air carrier and a travel agency violated the carrier's certificate of authority by engaging in prohibited charter trip arrangements, and that the district court had jurisdiction to enjoin such violations.
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177 So. 2d 369·
Fla. 3d DCA·
1965-06-29
·cited 12×
Aviation Investments appealed a judgment awarding damages under an injunction bond, challenging the denial of storage costs for an airplane and an award of $700 in attorney's fees. The court affirmed, holding that the evidence did not establish a certain and definite amount of st
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The court held that the trial court did not abuse its discretion in denying a temporary injunction, as the returned confidential information and the unlikelihood of enforcing the non-competition clause justified the denial.
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The court held that the district court did not abuse its discretion in denying the motions for a preliminary injunction, based on the union's commitment to reduce dues for objecting employees.
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342 F.2d 634·
7th Cir.·
1965-03-05
·cited 12×
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172 So. 2d 255·
Fla. 3d DCA·
1965-02-23
·cited 12×
Fontainebleau Hotel Corporation appealed a final decree awarding injunctive relief that included an order enjoining the State Road Department and Metropolitan Dade County from relocating a taxi stand. The court held that a court of chancery lacks authority to enjoin non-parties t
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171 So. 2d 161·
Fla.·
1965-01-20
·cited 12×
Florida Supreme Court held that Section 171.04, which authorized municipalities to annex contiguous unincorporated lands subject to court review of objections without establishing specific legislative criteria for the court's decision, violates the constitutional separation of po
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A former husband appeals an order denying his request to increase visitation rights and custody of his two children and to enjoin the mother from changing the children's surname. The Florida appellate court affirmed the trial court's decision, holding that the evidence supported
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335 F.2d 444·
8th Cir.·
1964-08-10
·cited 12×
The court held that the trial court correctly dismissed the case for lack of jurisdiction, and alternatively, that the merits of the case were properly decided.
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166 So. 2d 846·
Fla. 2d DCA·
1964-04-22
·cited 12×
A common law way of necessity may be established across land to provide access where an alternative route is not reasonably available, though a public prescriptive easement requires clear and definite proof of public use for more than twenty years under a claim of right without c
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157 So. 2d 156·
Fla. 1st DCA·
1963-10-29
·cited 12×
The Daytona Beach Racing and Recreational Facilities District and City of Daytona Beach challenged ad valorem taxes on city-owned land leased to a private corporation operating a racetrack, claiming exemption under Florida's constitutional municipal purpose provision. The court h