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's order continuing a temporary restraining order was an appealable interlocutory order and granted an injunction pending appeal to allow student transfers.
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The court held that it lacked jurisdiction to hear the appeal from an order denying a preliminary injunction in an action brought under the Clayton Act.
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The court held that the trial court's order taking the motion for preliminary injunction under advisement was not an appealable order under 28 U.S.C. § 1292(a).
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153 So. 2d 325·
Fla. 1st DCA·
1963-05-16
·cited 12×
The court reversed a trial court's order denying a motion to quash service of process on the president of an unincorporated medical society. The court held that service on the president alone is insufficient to bind individual members of an unincorporated voluntary association, r
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315 F.2d 771·
7th Cir.·
1963-03-08
·cited 12×
The dissenting judge believes the Norris-LaGuardia Act prohibits the injunction because the employees' refusal to cross a picket line constitutes a labor dispute. The judge also questions the applicability of the Railway Labor Act.
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151 So. 2d 426·
Fla.·
1963-02-20
·cited 12×
The Florida Supreme Court held that Faith Lutheran Church had sufficient standing to challenge the issuance of a liquor license to Banyan Cafeterias located within 1500 feet of the church, resolving a conflict among district courts regarding whether declaratory relief and injunct
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The court denied the motion for an injunction pending appeal, finding no present threat of irreparable injury and insufficient grounds to deviate from standard review procedures.
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144 So. 2d 329·
Fla. 2d DCA·
1962-08-17
·cited 12×
Illinois Grain Corporation challenged ad valorem tax assessments on a grain elevator and improvements on land leased from the Hillsborough County Port Authority. The court held the property was not tax-exempt because it was used exclusively for private business purposes rather th
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Banyan Cafeterias appealed an order denying its motion for summary decree in a declaratory judgment action where a church and liquor store owner sought to clarify their rights under a city ordinance prohibiting alcohol sales within 1,500 feet of churches. The appellate court affi
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The court held that the appeal should be granted and the case dismissed without prejudice because the action had become moot after the merger was completed.
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299 F.2d 557·
5th Cir.·
1962-02-14
·cited 12×
The court held that the trial court did not err in dismissing the contempt petition, finding that the appellant failed to meet its burden of proof and that the trial court did not abuse its discretion regarding discovery matters.
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The dissenting judge believes the court should grant an injunction pending appeal to allow the appellant to transfer to the University of Mississippi.
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A federal court may enjoin a state board from acting in a labor dispute when federal law has preempted the field, as state action would conflict with federal policy encouraging voluntary collective bargaining.
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132 So. 2d 359·
Fla. 3d DCA·
1961-08-03
·cited 12×
A Florida court reversed a temporary injunction against unions and an apparel manufacturers association for allegedly restraining trade by requiring manufacturers to purchase only from union shops. The court held that federal labor law preempts Florida state law in this matter, a
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291 F.2d 371·
1st Cir.·
1961-06-15
·cited 12×
The court held that employees engaged in constructing facilities for a United States Naval Air Station and an Army Communications Network were engaged in commerce within the meaning of the Fair Labor Standards Act.
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292 F.2d 765·
D.C. Cir.·
1961-06-01
·cited 12×
The Domestic Relations Branch has jurisdiction over claims related to child support covenants in a separation agreement, including enforcement of property rights connected to support, and possesses the necessary equitable powers to grant relief.
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The court held that Section 301 of the LMRA does not preclude suits against individual employees for inducing or participating in a strike violating a no-strike clause, and that the Norris-LaGuardia Act bars injunctive relief for such strikes absent a specific statutory mandate.
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The court held that the district court erred in issuing a preliminary injunction against the plaintiff to prevent further litigation, as the evidence did not support a finding of vexatious or harassing litigation.
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283 F.2d 474·
8th Cir.·
1960-11-03
·cited 12×
An income tax assessment may be sustained on any legal ground, even if not relied upon by the Commissioner at the time of assessment, and a taxpayer seeking a refund must prove an overpayment, not just a procedural or administrative error.
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122 So. 2d 10·
Fla.·
1960-06-22
·cited 12×
The Florida Supreme Court held that a Governor may veto specific salary amounts within a general appropriations item, rejecting the lower court's view that only entire appropriations items can be vetoed. The court also upheld the State Budget Commission's authority to set higher
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118 So. 2d 195·
Fla.·
1960-02-24
·cited 12×
The Florida Supreme Court held that a municipal flat sum license tax of $50 on interstate door-to-door solicitors unduly burdens interstate commerce and violates the Commerce Clause, but a graduated gross receipts tax measured by local sales does not. The case resolves conflictin
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273 F.2d 529·
5th Cir.·
1960-01-11
·cited 12×
The court held that federal courts should not abstain from deciding cases involving the constitutionality of state or local laws, even when state law interpretation is involved, if the federal question is clear and the parties urge federal adjudication.
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270 F.2d 419·
2d Cir.·
1959-10-01
·cited 12×
The appellate court held that the claim for injunctive relief was moot because the spraying program had been completed and future aerial spraying was unlikely, and affirmed the dismissal of the damages claim due to lack of proof and abandonment.
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270 F.2d 558·
5th Cir.·
1959-09-25
·cited 12×
The court held that the penalty for failure to remit withheld employment taxes is not a deficiency, thus no ninety-day notice or Tax Court petition is required before assessment and collection.
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114 So. 2d 307·
Fla. 2d DCA·
1959-08-28
·cited 12×
Illinois Grain Corporation appealed the dismissal of its complaint challenging ad valorem tax assessments on a grain elevator and related property located on leased land. The court held that the permanent structures (elevator and silos) must be classified as real property rather
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The court held that the district court erred in granting an injunction to stay a prior filed patent infringement suit, as the first-filed action should generally proceed.
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The court held that appeals from orders denying preliminary injunctions and motions to remand are not appealable as they are not final decisions.
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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 demonstrate compelling equities and irreparable harm.
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266 F.2d 427·
3d Cir.·
1959-03-25
·cited 12×
The court held that the district judge who vacated the temporary restraining order and dismissed the complaint lacked jurisdiction to do so, as the case required a three-judge court.
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111 So. 2d 462·
Fla. 3d DCA·
1958-12-18
·cited 12×
A Florida state court issued an injunction against a union's peaceful picketing campaign designed to force an employer to recognize the union as the bargaining representative. The appellate court reversed, holding that peaceful picketing in the context of an alleged unfair labor
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259 F.2d 626·
5th Cir.·
1958-09-09
·cited 12×
The court held that the Louisiana Medical Practice Act is constitutional and that the Board of Medical Examiners did not act arbitrarily in refusing to accept chiropractic diplomas for medical licensure.
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The court held that the District Court erred by failing to make findings of fact and conclusions of law before granting a preliminary injunction, necessitating a remand.
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105 So. 2d 36·
Fla. 3d DCA·
1958-07-24
·cited 12×
This case involves a dispute over an easement for a drainage canal. The court reversed a lower court's injunction, finding the Flood Control District had a valid easement based on a prior deed reservation.
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256 F.2d 513·
7th Cir.·
1958-06-18
·cited 12×
The court held that a plaintiff who appeals a dismissal, thereby electing to stand on their complaint, cannot subsequently seek to dismiss the appeal to amend the complaint with new theories not related to jurisdiction. The court also held that the cited statute does not grant a
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The court held that the dismissal of the complaint without dismissing the action was not a final order, and therefore the court lacked jurisdiction to hear the appeal.
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255 F.2d 154·
8th Cir.·
1958-05-08
·cited 12×
A city's refusal to rezone property for commercial use, even if it has higher commercial value, is permissible under its police power if it aligns with a comprehensive zoning plan and is not arbitrary or capricious.
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254 F.2d 555·
8th Cir.·
1958-04-28
·cited 12×
The court held that the district court correctly dismissed the complaint for lack of jurisdiction because the plaintiffs failed to allege facts demonstrating the requisite amount in controversy for federal question jurisdiction.
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252 F.2d 317·
6th Cir.·
1958-02-15
·cited 12×
The Sixth Circuit held that the district court correctly declined to exercise jurisdiction pending authoritative construction of the Michigan sales tax statute by Michigan courts, and that the request for a three-judge court was premature.
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252 F.2d 490·
6th Cir.·
1958-02-12
·cited 12×
The court held that claims challenging the legality of U.S. military and foreign policies as a basis for refusing income tax liability involve non-justiciable political questions.
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The appellate court affirmed the district court's grant of a preliminary injunction, finding no abuse of discretion in preserving the status quo pending final determination.
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The court held that the statutory bar to judicial review of the Foreign Claims Settlement Commission's actions, as interpreted in prior cases, precludes review of the appellant's claim regarding the adequacy of its hearing.
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The court held that the district court did not abuse its discretion in denying a temporary injunction, as the appellate court does not decide the merits on such an appeal.
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244 F.2d 286·
2d Cir.·
1957-04-30
·cited 12×
The court held that a district court should not entertain interlocutory appeals from rulings on evidence made by arbitrators during an arbitration proceeding.
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The court held that compliance with the Fair Labor Standards Act does not automatically warrant dissolution of a permanent injunction, especially when no changed conditions are shown.
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The court held that the alien's admissions at the deportation hearing were sufficient to establish deportability, rendering the district court's denial of a preliminary injunction proper.
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91 So. 2d 197·
Fla.·
1956-12-05
·cited 12×
The Florida Supreme Court held that Manpower, Inc., a temporary staffing and business services company, is not a "private employment agency" subject to regulation under Florida's employment agency licensing statute. The Court distinguished between labor brokers (which find jobs f
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90 So. 2d 300·
Fla.·
1956-10-17
·cited 12×
The Florida Supreme Court held that Chapter 29691, Laws of Florida 1955, is partially unconstitutional because it attempted to confer original trial jurisdiction on the Supreme Court in violation of the Florida Constitution. The Court upheld only the severability clause portion m
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87 So. 2d 806·
Fla.·
1956-05-25
·cited 12×
The Florida Supreme Court affirmed a lower court decision enjoining the City of Coral Gables from enforcing an ordinance that allowed only licensed septic tank contractors to perform sewer connection work. The court held that Chapter 469, Florida Statutes, which requires plumbing
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88 So. 2d 765·
Fla.·
1956-05-23
·cited 12×
The Florida Supreme Court reversed an injunction prohibiting Columbia County from funding a hog cholera inoculation program administered by non-veterinarian county agents, holding that the Florida Livestock Board's statutory authority to 'treat' animals for dangerous transmissibl
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228 F.2d 619·
5th Cir.·
1955-12-30
·cited 12×
The court affirmed the district court's judgment, agreeing with its findings and conclusions.