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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560 F.2d 874·
8th Cir.·
1977-07-21
·cited 11×
The court held that the district court did not err in dismissing the action for declaratory and injunctive relief, finding that appellants had an adequate remedy at law.
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533 F.2d 126·
3d Cir.·
1976-04-23
·cited 11×
The court held that the district court erred in determining the reasonable royalty rate without articulating how it was derived from the evidence, and vacated the damages award for reconsideration.
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494 F.2d 651·
10th Cir.·
1974-03-19
·cited 11×
The court held that the smelter's owner and operator, Blackwell Zinc, was an indispensable party under Rule 19(b), and thus the district court did not err in dismissing the action for want of an indispensable party.
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The court held that the standard for a preliminary injunction under 39 U.S.C. § 3007 requires only a showing of probable cause to believe a violation of 39 U.S.C. § 3005 has occurred, not a showing of irreparable harm.
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418 F.2d 21·
7th Cir.·
1969-10-27
·cited 11×
The court held that Zenith's releases barred recovery for pre-release misconduct, but the statute of limitations did not bar recovery for post-release misconduct. The issue of award excessiveness was not ripe for decision.
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229 So. 2d 841·
Fla.·
1969-09-24
·cited 11×
Sanford is the permanent county seat of Seminole County by virtue of over 50 years of continuous use and public acquiescence, requiring only compliance with general law for removal; $2.9 million in bonds validated before the 1968 Constitution's effective date may be issued and so
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404 F.2d 1215·
2d Cir.·
1968-12-18
·cited 11×
A joint notice of deficiency is only effective if a genuine joint return was filed; forgery or duress invalidates the return and may allow for equitable relief despite statutory bars.
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404 F.2d 1380·
3d Cir.·
1968-12-16
·cited 11×
The court held that the prisoner's allegations of denial of religious exercise stated a cause of action under 42 U.S.C. § 1983, and the dismissal of this claim was improper.
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391 F.2d 657·
8th Cir.·
1968-03-27
·cited 11×
The court held that a federal district court has the authority to issue an injunction to prevent a work stoppage over a 'minor dispute' under the Railway Labor Act, even if the dispute has not yet been formally submitted to the National Railroad Adjustment Board, to protect the B
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This case involves an interlocutory appeal challenging a temporary injunction and an order permitting intervention. The appellate court affirmed the lower court's decision, finding no clear abuse of discretion.
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The court held that while the injunction was largely proper, a specific provision was overly restrictive and required modification.
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198 So. 2d 360·
Fla. 2d DCA·
1967-04-26
·cited 11×
Owen purchased a drainage easement that was dedicated on a platted subdivision near Lake Winterset, and later attempted to prevent the Younts from using it to access the lake. The court held that while the primary purpose of the recorded easement was drainage, the documented dedi
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190 So. 2d 354·
Fla. 3d DCA·
1966-09-20
·cited 11×
The City of Miami Beach appealed a final decree enjoining it from enforcing a single-family zoning restriction on the appellee's property. The court affirmed the injunction, finding that substantial neighborhood changes made the zoning arbitrary, unreasonable, and unconstitutiona
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189 So. 2d 198·
Fla. 2d DCA·
1966-07-27
·cited 11×
An osteopathic physician challenged a public hospital's bylaw excluding osteopaths from staff membership and hospital privileges. The Florida appellate court affirmed the validity of the exclusionary rule, holding that public hospitals may reasonably restrict staff membership to
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183 So. 2d 226·
Fla. 3d DCA·
1966-02-01
·cited 11×
Durable Uniform appealed interlocutory orders granting a temporary injunction against interference with contractual relationships and denying discovery and joinder of defenses. The Third District affirmed, finding no abuse of discretion in the injunction and no error in the disco
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175 So. 2d 220·
Fla. 3d DCA·
1965-05-18
·cited 11×
Yoo Hoo of Florida Corp. appealed the dismissal of its complaint seeking to enjoin the former owners of its Yoo Hoo beverage business from soliciting customers through a competing "Zippy" beverage business. The court reversed, holding that the sale of a business and its goodwill
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The court held that the summary final decree must be reversed because it was entered without the required ten-day notice for the summary judgment hearing and the attorney's fee was awarded without proper notice and testimony. The court also held that the denial of the motion to j
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321 F.2d 14·
2d Cir.·
1963-06-26
·cited 11×
The court held that the district court had the power to issue an injunction restraining a bank from disposing of a taxpayer's property, even if held by its foreign branches, as long as the bank itself was subject to the court's personal jurisdiction.
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151 So. 2d 858·
Fla. 3d DCA·
1963-04-16
·cited 11×
A downtown Miami hotel owner challenged a zoning variance granted to developers for a 30-story mixed-use building on adjacent property, claiming it would damage its property value and operations. The court held that the owner lacked standing because the alleged injuries were comm
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133 So. 2d 755·
Fla. 2d DCA·
1961-10-11
·cited 11×
Attorneys challenged a $50 per person municipal occupational license tax levied by Fort Lauderdale as unconstitutional and excessive. The court affirmed the tax as a valid revenue measure that does not conflict with the Florida Constitution's grant of exclusive jurisdiction over
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294 F.2d 925·
D.C. Cir.·
1961-07-27
·cited 11×
The court held that a counterclaim for the value of property seized by a foreign government within its own territory is barred by the act of state doctrine.
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284 F.2d 631·
4th Cir.·
1960-12-01
·cited 11×
The court held that a district court has no discretion to deny a preliminary injunction when a plaintiff clearly establishes denial of a constitutional right by undisputed evidence.
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272 F.2d 586·
2d Cir.·
1959-12-04
·cited 11×
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115 So. 2d 438·
Fla. 3d DCA·
1959-11-05
·cited 11×
Robinson appeals an interlocutory order transferring his equity suit to the law side after the trial court rejected his claim for specific performance of a contract to manage the Saxony Hotel. Robinson argued the contract was an agency coupled with an interest and thus irrevocabl
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105 So. 2d 183·
Fla. 3d DCA·
1958-07-30
·cited 11×
The court held that the injunction restraining execution of a civil court judgment was improvidently issued because the equity court lacked authority to enjoin the judgment on the basis presented and statutory requirements for an injunction were not met.
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83 So. 2d 11·
Fla.·
1955-10-19
·cited 11×
Multiple Miami Beach hotel owners sought to enjoin picketing by Hotel Employees Union Local No. 255, claiming the union failed to establish it represented their employees before engaging in picketing. The Florida Supreme Court held that unions must establish by substantial eviden
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81 So. 2d 731·
Fla.·
1955-07-27
·cited 11×
Thomas Jefferson, Inc. sought review of an interlocutory order in a labor dispute that both enjoined picketing by a union and ordered an election to determine union representation. The Florida Supreme Court granted supersedeas limited to the election portion of the order, finding
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208 F.2d 93·
2d Cir.·
1953-11-12
·cited 11×
The court held that the acting collector's refusal to permit importation of watches marked 'Nivada Grenchen' was unlawful, and a preliminary injunction should have been granted against him. However, the denial of a preliminary injunction against the trademark owner was affirmed.
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The court held that a temporary injunction against a price regulation should be denied unless the complainants are reasonably certain to succeed on final hearing, considering equity principles and stabilization objectives.
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52 So.2d 137·
Fla.·
1951-04-20
·cited 11×
The Supreme Court of Florida ruled that materials used to construct housing units on government-leased land were subject to state sales tax. The court found that despite the government's lease and preference for military tenants, the project was primarily a private enterprise, no
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173 F.2d 281·
6th Cir.·
1949-03-21
·cited 11×
The court held that a district court did not abuse its discretion in modifying an injunction to permit a Jones Act claim to proceed in state court, provided the claimant waives res judicata on the issue of limited liability.
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160 Fla. 544·
Fla.·
1948-06-08
·cited 11×
Harrell sought an injunction to prevent tax collection on his stamp vending machines under Florida statutes. The trial court dismissed the complaint, but a 1947 legislature act exempted such machines from taxation before appeal. The court affirmed the dismissal, finding the bill
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158 Fla. 1·
Fla.·
1946-10-04
·cited 11×
The Florida Supreme Court upheld the Trustees of the Internal Improvement Fund's authority to employ special counsel of their own choosing, rejecting the Attorney General's claim that he is the exclusive legal representative of the Trustees. The court held that the Trustees have
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157 Fla. 846·
Fla.·
1946-08-02
·cited 11×
This case addresses whether a trial court properly granted a temporary injunction without bond in a land dispute case, and whether the court properly transferred the case from equity to law for ejectment proceedings. The Florida Supreme Court held that the chancellor had discreti
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157 Fla. 784·
Fla.·
1946-07-19
·cited 11×
Property of a fraternal corporation (Masonic Lodge) is exempt from municipal taxation under Chapter 19376, Acts of 1939, when not more than 75% of floor space is rented and rents are used for fraternal or charitable purposes, as authorized by Section 1, Article IX of the Florida
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155 Fla. 626·
Fla.·
1945-02-16
·cited 11×
Property owner Richard appealed the dismissal of his bill seeking to enjoin Gulf Theatres from obstructing Nebraska Avenue Loop. The Florida Supreme Court affirmed, holding that the obstruction did not specially injure Richard's individual property rights but merely interfered wi
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151 Fla. 136·
Fla.·
1942-07-17
·cited 11×
General Properties Company sought to enjoin the City of Coral Gables from taxing its property and to cancel tax certificates, claiming the property was too remote and unsuitable for municipal development. The Florida Supreme Court held that the plaintiff was estopped by lapse of
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149 Fla. 482·
Fla.·
1942-02-10
·cited 11×
A municipal ordinance making the sale of alcoholic beverages unlawful on Sunday was invalid and unenforceable because the ordinance was defeated in a city-wide election and the happening of the contingency condition making it effective was never established, despite ambiguity whe
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143 Fla. 859·
Fla.·
1940-08-02
·cited 11×
The Florida Supreme Court reviewed an interlocutory injunction against the Dry Cleaning and Laundry Board, holding that the Board cannot delegate to its Chief Supervisor the authority to independently determine whether to hold a public hearing or to exercise judicial discretion o
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137 Fla. 607·
Fla.·
1939-04-25
·cited 11×
Mills Rock Company sued Mary Idella Mills, a widow and executrix of R.H. Mills' estate, seeking rescission of a rock excavation lease agreement. The Florida Supreme Court affirmed the lower court's denial of rescission but upheld a judgment for unpaid royalties on rock removed fr
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134 Fla. 430·
Fla.·
1938-10-19
·cited 11×
The City of Miami enacted an ordinance limiting gasoline storage tank capacity to 5,000 gallons after granting Direct Distributors a permit to install two 8,000-gallon tanks. The Florida Supreme Court upheld a temporary restraining order preventing enforcement of the ordinance ag
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134 Fla. 233·
Fla.·
1938-10-12
·cited 11×
The Florida Supreme Court upheld the dismissal of a bill of complaint seeking to enjoin the use of a residence as a private school, holding that operating a private school on a property restricted to "residential purposes" does not violate the restrictive covenant when the school
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125 Fla. 155·
Fla.·
1936-08-03
·cited 11×
The Florida Supreme Court affirmed a lower court's dismissal of a bill of complaint seeking to enjoin the issuance of Water Revenue Certificates. The court held that these certificates, payable solely from the revenue of the waterworks system, do not require a vote of freeholder
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108 Fla. 500·
Fla.·
1933-03-01
·cited 11×
The court reversed a lower court's grant of a temporary injunction that prevented the collection of personal property taxes via a distress warrant. The appellate court found the bill of complaint lacked equity, meaning no valid legal grounds existed for the injunction.
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52 Fla. 543·
Fla.·
1906-06-01
·cited 11×
The Florida Supreme Court reversed a trial court's order modifying a final decree to allow the appellee to pursue further actions without prejudice. The court held that the trial court lacked authority to amend a final decree after it had been entered, particularly where the defe
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36 Fla. 418·
Fla.·
1895-06-01
·cited 11×
In this 1895 Florida case, the court addressed whether an unrecorded deed to real property could prevail against a sheriff's sale by an execution creditor. The court held that a purchaser at a sheriff's sale acquires protection as an innocent purchaser, and an unrecorded deed doe
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27 Fla. 276·
Fla.·
1891-01-01
·cited 11×
Florida sought to enjoin a phosphate mining company from extracting phosphate deposits from the bed of Black River, a navigable stream. The Supreme Court affirmed the lower court's dismissal of the bill but on different grounds, holding that the State's complaint failed to adequa
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25 Fla. 591·
Fla.·
1889-06-01
·cited 11×
In this second appeal, the Florida Supreme Court addressed whether a decree removing trustees of the St. Johns Co-operative Colony was void due to procedural defects, and whether executions could be levied against trust property. The court held the removal decree void for lack of
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16 Fla. 765·
Fla.·
1878-06-01
·cited 11×
John Dunn appeals the dissolution of an injunction against Mary C. Barton and Annie Hazelton concerning a leased premises in Pensacola. Dunn had obtained a covenant from Barton restricting the premises from being used for a competing bar-room business, but Barton subsequently sub