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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642 F.2d 527·
D.C. Cir.·
1980-08-20
·cited 10×
A federal instrumentality's demolition of a federally-owned building, as part of a congressionally-approved development plan, is not subject to local historic preservation laws that would impede the federal project.
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626 F.2d 336·
4th Cir.·
1980-06-30
·cited 10×
The court held that the 1% monthly finance charge on unpaid dues balances is not illegal under the Railway Labor Act and is not a penalty, as it is voluntarily assumed by participants in the ALPA finance plan.
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617 F.2d 173·
9th Cir.·
1980-04-16
·cited 10×
The court held that a statutory provision requiring confinement for a mental examination, when the subject refuses to be examined voluntarily, is permissible under certain conditions.
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The court held that the maximum reimbursement schedules in question cannot be branded per se violations of the Sherman Act without more experience and evidence of their effects on competition.
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The court held that a preliminary injunction must be entered on a separate document to be appealable under 28 U.S.C. § 1292(a)(1), and that the district court failed to comply with Fed.R.Civ.P. 58 and 65(c).
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617 F.2d 296·
1st Cir.·
1979-11-06
·cited 10×
The court held that the plaintiffs failed to demonstrate a likelihood of prevailing on the merits, and thus injunctive relief pending appeal was not warranted.
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379 So. 2d 115·
Fla. 1st DCA·
1979-10-19
·cited 10×
The Holmes County School Board rescinded a construction contract for a new high school after a board election changed its membership, and private taxpayers sought an injunction to enforce the contract. The court reversed the injunction, holding that school boards retain discretio
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607 F.2d 37·
3d Cir.·
1979-10-03
·cited 10×
The court held that the Secretary of Agriculture had the authority under the Agricultural Marketing Agreement Act of 1937 to issue regulations altering the time and method of payment to producers, as these provisions were incidental to and necessary for effectuating the Act's pur
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The court held that the state has no choice but to pay a bona fide employer for services rendered by its employees, if the employer desires.
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The court held that the district court erred by failing to balance the potential harm to the defendant with the potential harm to the plaintiff when granting a preliminary injunction and by incorrectly concluding that the defendant's new employer was in competition with the plain
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601 F.2d 675·
2d Cir.·
1979-06-29
·cited 10×
The court held that the district court correctly dismissed the complaint and dissolved the preliminary injunction because the Hearings Panel's decision on the jurisdictional dispute was final and binding.
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367 So. 2d 691·
Fla. 1st DCA·
1979-02-07
·cited 10×
Troup appeals from a judgment against him and an injunction preventing him from competing in insurance sales in Volusia County. The court reversed, finding that Heacock materially breached the employment contract by unilaterally reducing Troup's guaranteed weekly draw from $125 t
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The court held that the district court did not abuse its discretion in granting a continuance for the EPA to reconsider its prior approval of a sewer project and prepare an Environmental Impact Statement (EIS).
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590 F.2d 220·
7th Cir.·
1978-12-01
·cited 10×
A village ordinance requiring that 75% of charitable solicitation proceeds be used directly for charitable purposes is unconstitutional on its face as applied to organizations that combine solicitation with information gathering and advocacy, because it unduly infringes on First
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The court held that the district court did not abuse its discretion in granting a preliminary injunction prohibiting anal and genital searches without probable cause for the specific inmate who brought the action, but did abuse its discretion in granting such relief for all inmat
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The court affirmed the denial of a preliminary injunction, finding no abuse of discretion by the district court.
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The court held that granting a mandatory preliminary injunction requiring construction of new facilities for contact visitation was an abuse of discretion due to insufficient evidence of necessity and potential costs.
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The court held that the district court's order granting preliminary relief from the suspension of LEAA funding was an appealable injunction and that the district court failed to comply with Federal Rules of Civil Procedure 52(a) and 65(d).
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565 F.2d 1217·
1st Cir.·
1977-11-22
·cited 10×
The Secretary of HUD has the statutory authority to terminate a low-rent public housing project contract for lack of diligent prosecution, and the court remanded the case to determine if HUD considered all relevant alternatives before terminating.
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The court held that Stan Anderson and San Joaquin Cooperative were properly found in civil contempt of a prior injunction against Rio Grande.
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The court held that a prior preliminary injunction in a separate action did not preclude the current FOIA lawsuit because the prior injunction was interlocutory and the case was effectively closed out.
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346 So. 2d 627·
Fla. 3d DCA·
1977-05-31
·cited 10×
Angel Dominguez appealed the trial court's order discharging a lis pendens he filed in a partnership dissolution and accounting action. The Third District reversed because Dominguez was denied the opportunity to present evidence in opposition to the discharge motion, a procedural
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The City of Miami Beach appealed a permanent injunction preventing it from placing a rent control ordinance question on a March 8, 1977 ballot. The court affirmed the injunction, holding that the city violated its charter's requirement of a 60-day waiting period between petition
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Plaintiffs lack standing to sue because they have not alleged a concrete and particularized injury in fact that is traceable to the Commission's conduct and redressable by judicial relief.
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342 So. 2d 60·
Fla.·
1976-11-30
·cited 10×
The Florida Supreme Court upheld the constitutionality of Section 570.15, Florida Statutes, which authorizes the Department of Agriculture and Consumer Services to require all trucks and motor vehicle trailers to stop at road-guard inspection stations for agricultural inspections
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The court held that a trial court erred in enjoining administrative discharge proceedings and granting declaratory relief before the administrative agency had acted.
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330 So. 2d 509·
Fla. 4th DCA·
1976-04-23
·cited 10×
This case involves an interlocutory appeal where the defendant sought to limit discovery. The appellate court found that the trial court abused its discretion by denying the defendant's motion for a protective order entirely, reversing the order in part.
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535 F.2d 1259·
D.C. Cir.·
1976-04-19
·cited 10×
The court held that the district court had narrow jurisdiction to review whether the Director of the Census properly applied the Voting Rights Act, but not to review the computations themselves. The court affirmed the district court's decision that the Director's determinations w
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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 likelihood of success on the merits or irreparable injury.
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The court affirmed the denial of a preliminary injunction, finding that the appellants failed to demonstrate a substantial likelihood of success on the merits or irreparable harm, and noting the delay in seeking relief.
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The court held that the Consumer Product Safety Commission's 'Consumer Deputy Program' was a lawful informational initiative, not a rule-making procedure requiring adherence to specific statutory formalities.
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The court held that an order denying a motion to stay proceedings in the district court, which sought to await permission from a bankruptcy court to sue a former trustee, is not appealable under 28 U.S.C. § 1292(a)(1) because the underlying defense is legal in nature.
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The court affirmed the denial of an injunction against state court proceedings, finding it barred by 28 U.S.C. § 2283, but vacated the award of attorney fees due to insufficient findings.
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521 F.2d 1342·
9th Cir.·
1975-08-14
·cited 10×
The court held that an employer is not entitled to a jury trial in an action brought by the Secretary of Labor under § 17 of the Fair Labor Standards Act to enjoin future violations and compel disgorgement of illegally withheld overtime wages.
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In this consolidated appeal, the court reviewed contempt orders against kosher caterers operating at Temple Emmanu-El in Miami Beach, finding that the trial courts erred in holding them in contempt because the injunction against operating a commercial catering business was insuff
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313 So. 2d 126·
Fla. 3d DCA·
1975-05-20
·cited 10×
Miami Beach challenged judgments requiring it to supply water to neighboring municipalities at cost-based rates rather than an arbitrary increase. The court held that Miami Beach, by supplying water to other municipalities, acts as a public utility subject to court supervision to
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The court held that consolidating a merits hearing with a preliminary injunction hearing without sufficient opportunity for discovery and presentation of evidence was an abuse of discretion.
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The court held that the federal government's substantial financing of the Jaycees' leadership development programs, which exclude women, creates a sufficient nexus to the discriminatory conduct to potentially violate the Fourteenth Amendment.
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500 F.2d 577·
5th Cir.·
1974-09-18
·cited 10×
Florida's six-month divorce residency requirement is constitutional as it serves the state's compelling interest in ensuring the validity and stability of its divorce decrees.
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506 F.2d 131·
D.C. Cir.·
1974-09-12
·cited 10×
The court concurred in the result that the case should be dismissed as frivolous and potentially transferred to the Northern District of Georgia.
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The court held that the trial court abused its discretion by granting a temporary injunction without adequate basis in the complaint or evidence, and by denying the motion to dissolve it.
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502 F.2d 1154·
Temp. Emer. Ct. App.·
1974-07-29
·cited 10×
The court held that the challenged oil allocation regulations were validly implemented without a full environmental impact statement due to the emergency nature of the situation and that the case was moot as to the superseded regulations.
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The court held that the district court lacked jurisdiction to enjoin the City of Jacksonville under 42 U.S.C.A. § 1983, vacating the injunction and remanding for factual findings on whether the meeting was intended to be private or public.
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297 So. 2d 573·
Fla. 1st DCA·
1974-06-27
·cited 10×
The court held that the temporary injunction was erroneously granted because the appellees failed to prove facts entitling them to relief, and the landowner had a legal right to use the unzoned property for any lawful purpose.
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495 F.2d 1086·
5th Cir.·
1974-06-13
·cited 10×
The court held that the district court had jurisdiction over the plaintiff's claims for damages under the Fourth Amendment and 18 U.S.C. § 2520, and that the claims should not have been dismissed without an opportunity to prove them. The court also noted that equitable relief cla
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The court held that a plaintiff challenging a hospital's abortion policy has standing and the case is not moot, even if the plaintiff has already obtained an abortion.
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The court held that the Secretary of Health, Education and Welfare could not grant waivers of ineligibility under the Emergency School Aid Act if school districts had not yet eliminated the effects of past racially discriminatory teacher assignments.
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496 F.2d 853·
2d Cir.·
1974-05-02
·cited 10×
The court held that the district court properly dismissed the complaint seeking an injunction and declaratory judgment regarding federal tax assessment and levy.