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 Administrator's determination to withhold funds was reasonable, but vacated the district court's dismissal and remanded for reconsideration based on a proper interpretation of the statute.
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The court granted plaintiff's motion for a preliminary injunction, finding a substantial likelihood of confusion between the parties' products and trade dress, which constitutes irreparable injury.
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787 F.2d 270·
8th Cir.·
1986-03-13
·cited 10×
The Secretary of the Interior's interpretation that federal reclamation law governs the administration of irrigation water stored in the Oahe Reservoir is a reasonable construction of section 9(c) of the Flood Control Act and is entitled to deference.
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The district court erred in granting a preliminary injunction and establishing an escrow account for royalty payments pendente lite, as the Lear decision does not permit a licensee to avoid the consequences of breaching a license agreement while challenging patent validity.
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490 So. 2d 60·
Fla. 3d DCA·
1985-12-17
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The Florida Third District Court of Appeal held that cable television is not a public utility under Florida law, and therefore a cable television company cannot use utility easements on private property without the owner's consent. The court reversed summary judgment for the cabl
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The court should not have approved a sting operation conducted by private attorneys due to ethical concerns and lack of judicial oversight.
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770 F.2d 1001·
11th Cir.·
1985-09-13
·cited 10×
A nonjudicial foreclosure sale conducted without proper notice to the United States, as required by 26 U.S.C. § 7425(b), does not disturb the federal tax lien, and the lien is elevated from its junior status.
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The court held that the district court erred in denying a preliminary injunction without adequately considering the administrative record and vacated the order, remanding for an expedited hearing on the merits.
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The court held that because a new statute repealed the challenged law and substantially enlarged eligibility criteria for charitable organizations, the appellate court should not affirm the district court's preliminary injunction, as the basis for the injunction no longer existed
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The court held that the Freedom of Information Act (FOIA) does not recognize an implied lender-borrower privilege, and Sharyland failed to demonstrate that its audit reports were confidential under FOIA exemption (b)(4).
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The court held that the plaintiff failed to demonstrate sufficient evidence of irreparable injury to support a preliminary injunction, reversing the district court's decision.
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The court held that the district court did not abuse its discretion in granting a preliminary injunction against the unauthorized sale of goods bearing the Bill Blass trademark after license expiration.
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The court held that a preliminary injunction was improperly granted because the airman failed to show irreparable harm and because military discharge procedures do not violate due process or constitutional provisions against ex post facto laws.
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745 F.2d 1423·
Fed. Cir.·
1984-10-03
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The court affirmed summary judgment on most patent titles, reversed the injunction duration, and affirmed trade secret misappropriation, but remanded two patent titles for further proceedings.
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The court held that the Interstate Agreement on Detainers (IAD) mandates dismissal with prejudice if a receiving state returns a prisoner to the sending state before trial, regardless of the reason for the return or subsequent appellate reinstatement of the indictment.
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The court held that the Norris-LaGuardia Act does not grant federal jurisdiction, and thus the injunction was void; however, criminal contempt convictions are not affected by the injunction's invalidity, but the individuals were entitled to a jury trial under 18 U.S.C. § 3692.
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The court held that a contract for coal transportation rates could have been formed between KPL and BN, and that such a contract was not illegal per se under the statutory framework existing in 1972, especially considering the Staggers Rail Act of 1980.
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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 establish a substantial likelihood of success on the merits regarding breach of contract and trade secret claims.
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In this dissolution of marriage case, the trial court awarded the wife $500,000 in lump sum alimony (partially payable in 118 monthly installments) and reserved jurisdiction to award attorney's fees. The appellate court upheld the trial court's subsequent orders fixing attorney's
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733 F.2d 645·
9th Cir.·
1984-05-14
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The court held that a contempt order is not a final order appealable under 28 U.S.C. § 1291 prior to the imposition of sanctions, nor is it appealable under § 1292 as an order continuing an injunction.
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The Court of Appeals holds that the District Court erred in recharacterizing the appellants' motion as one for preliminary injunction and remands for the District Court to determine if the Secretary violated the prior mandate.
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The court held that it lacked jurisdiction to hear the appeal because the petitioner had not exhausted his administrative remedies.
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729 F.2d 1395·
11th Cir.·
1984-04-16
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The court affirmed the district court's finding that Janss violated the non-competition agreement and dismissed the appeal concerning post-injunction activity as moot.
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The court held that the district court did not err in considering extrinsic evidence to determine if investments were securities and did not abuse its discretion in granting the preliminary injunction.
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The court held that the district court erred in enjoining the State from spending its own funds on preliminary design and engineering work for the Westway project, as this prohibition was not supported by the prior orders or the partnership rationale.
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The court held that the district court did not abuse its discretion in issuing a preliminary injunction restraining the appellant from disposing of assets pending satisfaction of a judgment.
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444 So. 2d 54·
Fla. 3d DCA·
1984-01-03
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AFSCME appealed from a trial court's denial of an injunction to enforce an administratorship imposed on Local Union 1363 and its recognition of the local's counterclaim for bad faith damages. The court reversed, holding that the administratorship was valid under the LMRDA and the
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The court held that the district court did not abuse its discretion in granting a preliminary injunction against Bolar for imitating Ciba's trade dress.
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The court held that the trial court must reconsider Zenith's motion for a preliminary injunction, evaluating all factors, not just irreparable harm.
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The court held that the district court erred in abstaining from hearing the case, as neither Burford nor Pullman abstention doctrines applied. The court affirmed the denial of the default judgment motion.
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431 So. 2d 184·
Fla. 1st DCA·
1983-04-12
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The Doziers appealed a partial injunction preventing the Woods from fully developing their motel property, claiming the lower court erred in partially invalidating a 1948 deed restriction limiting lots to residential use. The First District reversed, holding that because the Wood
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701 F.2d 1000·
1st Cir.·
1983-03-09
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The court held that the district court erred in denying SFREI's motion for a preliminary injunction against the by-law and reversed that decision. The court also affirmed the district court's grant of an injunction against SFREI's tender offer, finding a likelihood of success on
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427 So. 2d 273·
Fla. 2d DCA·
1983-02-16
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This case addresses the scope of discovery in suits for accounting, specifically whether discovery should be limited to the right to an accounting or expanded to include all relevant issues when multiple remedies are sought. The court held that while Florida traditionally limits
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The court affirmed the district court's denial of a preliminary injunction because the appellants failed to demonstrate a reasonable probability of success on the merits or irreparable harm.
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The court held that a writ of prohibition is not warranted because the district court's decision regarding the Eleventh Amendment was not a clear abuse of discretion and the issue was premature. The appeal by state officials was dismissed without prejudice.
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A private right of action for injunctive relief is not properly implied under Section 16(a) of the Securities Exchange Act of 1934.
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A party is not considered a "prevailing party" for the purpose of recovering attorney's fees under 42 U.S.C. § 1988 if the relief obtained was merely a temporary restraining order that preserved the status quo and did not address the merits of the claims, especially when the unde
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The majority opinion erred by applying a standard bordering on de novo review rather than the 'clearly erroneous' standard for preliminary injunctions.
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418 So. 2d 339·
Fla. 3d DCA·
1982-08-03
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The City of Coral Gables enacted two successive zoning ordinances targeting only the Goulds' property, imposing height and density restrictions significantly more restrictive than those applied to surrounding, similarly-situated properties. The trial court found both ordinances u
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The court held that the "Foreign Tax Haven Double Trust" scheme constituted an illegal anticipatory assignment of income, and affirmed the permanent injunction against it. The contempt order was vacated due to a factual error regarding the timing of one violation.
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The court held that the plaintiffs' claims were barred by res judicata due to prior state court litigation of the same issues, including constitutional claims.
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The court held that it lacked jurisdiction to rule on the merits of the abandonment issue because the district court had not made a final judgment, and affirmed the denial of the plaintiff's preliminary injunction and the grant of the defendant's preliminary injunction.
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408 So. 2d 650·
Fla. 4th DCA·
1981-12-23
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Winn-Dixie Stores sought a writ of prohibition to prevent a Florida circuit court from enforcing an order by the Broward County Human Rights Board. The court held that circuit courts lack jurisdiction to enforce county ordinances—such jurisdiction is vested exclusively in county
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409 So. 2d 41·
Fla. 2d DCA·
1981-12-16
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DeRoche and Winski disputed ownership of a 15-foot driveway strip between their adjacent properties. The trial court found Winski acquired title by adverse possession, but the appellate court reversed that rationale while affirming the judgment on the alternative doctrine of boun
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407 So. 2d 611·
Fla. 1st DCA·
1981-10-28
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Paul Jacobson appealed the trial court's dismissal of his challenge to the Florida Parole and Probation Commission's presumptive parole release date. The appellate court reversed, finding that the Commission erroneously aggravated Jacobson's matrix time frame and ordered the Comm
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657 F.2d 183·
8th Cir.·
1981-08-11
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The court held that the Federal Reserve Bank is a federal instrumentality immune from special assessments, and the statutory waiver of immunity for real estate taxes does not extend to special assessments.
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The appellate court may dismiss an appeal when the appellant has disobeyed a trial court's order.
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399 So. 2d 416·
Fla. 3d DCA·
1981-06-02
·cited 10×
The Florida Division of Alcoholic Beverages and Tobacco suspended N. K., Inc.'s liquor license without a prior hearing based on narcotics violations on the premises. The licensee obtained an injunction from Circuit Court staying the suspension. The appellate court reversed, holdi
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The court held that a preliminary injunction should not have been granted without an evidentiary hearing when factual disputes were present.
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The court held that federal courts have jurisdiction over constitutional claims arising from state judicial proceedings, but in this case, the appellant's claims were not ripe for review because he failed to present them fully to the state court, and the district court properly a