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 under the CEQ guidelines, an environmental impact statement was not required for the highway project because it was not practicable to halt construction, despite federal actions occurring after NEPA's effective date.
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494 F.2d 949·
D.C. Cir.·
1973-12-26
·cited 10×
The District Court lacked subject-matter jurisdiction to review the FTC's interpretation of its own cease and desist order; the proper venue for such a request is the court that affirmed the order.
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The court held that the district court had jurisdiction to issue a preliminary injunction requiring voting assistance in Spanish, as the Voting Rights Act protects the right to an effective vote.
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486 F.2d 1032·
1st Cir.·
1973-11-05
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The court held that it lacked jurisdiction to hear the appeal because the lower court's order granting an injunction from a properly convened three-judge court was directly appealable to the Supreme Court.
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The court held that the district judge did not abuse his discretion in granting the preliminary injunction to reinstate a desegregation plan.
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482 F.2d 1136·
5th Cir.·
1973-07-20
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The federal court's injunction prohibiting the state court action was barred by 28 U.S.C. § 2283 and must be vacated.
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The court held that the College's refusal to hire Dr. Rainey for the 1970-71 and 1971 summer terms was based on constitutionally impermissible reasons, requiring separate consideration.
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The court held that the district court did not abuse its discretion in denying preliminary injunctions because the unions failed to demonstrate a likelihood of irreparable harm.
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The court held that the district court erred in issuing a preliminary injunction and denying the motion to dismiss because the record did not demonstrate a policy or threat to curtail student First Amendment rights.
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The court affirmed the denial of injunctive relief, finding that a revised police directive cured the primary basis for the alleged constitutional violations and that subsequent incidents were insufficient to demonstrate a likelihood of future misconduct.
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277 So. 2d 59·
Fla. 3d DCA·
1973-04-24
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A tenant sought to enjoin eviction by a new landlord who purchased property subject to a lease executed by only one spouse of the original owners. The court affirmed the injunction, holding that the lease was valid where the non-signing spouse consented and the new owner had noti
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The court held that the record contained ample evidence to establish that each appellant was sufficiently connected with the complex affair to support findings of involvement in past, present, or imminent future violations, justifying an injunction.
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477 F.2d 456·
4th Cir.·
1973-04-10
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The dissenting judge argues that the university president had the right to terminate the newspaper's subsidy because its editorial content violated constitutional and statutory prohibitions against racial discrimination, thereby jeopardizing federal funding.
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A labor union's imposition of a trusteeship without a prior hearing is invalid unless an emergency situation reasonably necessitates immediate action, and even then, a hearing must be scheduled promptly thereafter. The disaffiliation vote is valid, and the union is entitled to da
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The court held that the district court did not abuse its discretion in denying a preliminary injunction, as the plaintiff failed to show a reasonable probability of success on the merits of her due process or state statutory claims.
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265 So. 2d 56·
Fla. 1st DCA·
1972-08-04
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Representative Cherry sought a writ of mandamus to prevent the Secretary of State from certifying Temperance Wright as a candidate for the Florida House of Representatives, alleging Wright violated the 'Resign-to-Run Law' by failing to resign from his position on the Miami Planni
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Anchorage Yacht Haven and related parties sued defendants for negligent damage to their yacht basin property and trespass when a boat was dropped during removal operations and left on their premises. The appellate court reversed the trial court's denial of damages, finding incons
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The court held that the appeal from the order denying a preliminary injunction is moot because the performances have concluded and there is no reasonable expectation of repetition, and the appeal from the dismissal of claims against some defendants is not yet appealable.
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462 F.2d 1350·
3d Cir.·
1972-06-28
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The court held that the appeals are moot because the parties have complied with the subpoena, rendering the legal questions academic.
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Earl and Anita Vance appealed a judgment in favor of Florida Reduction Corporation requiring them to forfeit usurious interest charged on a loan. The court affirmed, holding that the statute of limitations for usury claims runs from the date of payment rather than default, and th
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The court held that the trial court's denial of a preliminary injunction without a full hearing was improper and ordered the immediate grant of the injunction.
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258 So. 2d 30·
Fla. 3d DCA·
1972-02-15
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Little Beaver Theatre sought to enjoin prosecution for showing allegedly obscene films, challenging the constitutionality of Miami's obscenity ordinance. The trial court upheld the ordinance as constitutional and enjoined the theatre from showing three specific films within Dade
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The court held that union members must exhaust administrative remedies with the Secretary of Labor before challenging union election procedures in federal court.
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The court held that a district court cannot deny a contempt-purging wage payment order based on the employer's financial difficulties or potential business closure.
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The court held that the district court erred in issuing a preliminary injunction to prevent a strike, as the dispute was a labor dispute covered by the Norris-LaGuardia Act and did not meet the requirements of Boys Markets for injunctive relief.
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453 F.2d 698·
2d Cir.·
1971-12-23
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452 F.2d 876·
10th Cir.·
1971-12-10
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The court held that summary judgment was appropriate despite disputed oral representations, as sufficient documentary evidence supported the injunction.
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255 So. 2d 557·
Fla. 2d DCA·
1971-12-08
·cited 10×
Stanton Investment Company appealed a trial court order requiring production of documents for inspection and copying in a dispute involving real property possession, mail collection, and accounting of funds. The appellate court quashed the discovery order, holding that the trial
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The court held that the appellants failed to make a sufficient showing of infringement of their First Amendment rights because they never officially submitted their sermon for approval or dissemination.
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The City of Coral Gables appeals an interim order requiring it to perform a stack test on its incinerator after being found in violation of Dade County's pollution control ordinance. The court reversed the stack test requirement and remanded with directions for the trial court to
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446 F.2d 855·
2d Cir.·
1971-06-24
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The court held that discretionary decisions by military officials within their jurisdiction are not subject to judicial review unless they violate regulations or are arbitrary and irrational.
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442 F.2d 584·
4th Cir.·
1971-03-23
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The court held that the denial of a preliminary injunction was not an abuse of discretion because the Board of Regents' rule prohibiting student solicitation of funds was a reasonable regulation aimed at preventing harm to the school's educational mission.
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436 F.2d 1116·
4th Cir.·
1971-01-18
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The court held that individuals whose convictions were not final at the time of the lawsuit's filing cannot represent a class of individuals whose convictions were final.
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436 F.2d 337·
2d Cir.·
1971-01-04
·cited 10×
The court held that the injunction barring the plaintiff from prosecuting other actions was an appealable order, but the order requiring a bond was not. The injunction was vacated.
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The court held that the proxy statement, while not perfect, contained sufficient information to alert minority stockholders to the controlling shareholder's interest in the merger, and thus did not warrant an injunction.
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The court should reverse the order appointing a receiver due to lack of a fair hearing and due deliberation, despite potential violations.
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437 F.2d 646·
D.C. Cir.·
1970-10-09
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The court held that appellants, by remaining fugitives and not submitting to the court's jurisdiction, are disentitled to seek adjudication of their claims.
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429 F.2d 527·
4th Cir.·
1970-07-09
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The court held that the restrictive covenant was unenforceable because it was ambiguous and overbroad, and the employee's services were not unique.
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The court held that the district court correctly denied jurisdiction because the registrant's induction order was not a 'blatantly lawless' action or a 'clear departure from its statutory mandate'.
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The court held that the Norris-LaGuardia Act does not prohibit a district court from granting an injunction pending appeal, even if it found it lacked jurisdiction to grant an injunction below. The court also held that § 2, First, of the Railway Labor Act is not justiciable and d
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Summary judgment for the defendant was appropriate because the plaintiff could not unilaterally terminate the licensing agreement without the consent of its co-licensor, Plas-Ties, which was a separate legal entity.
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227 So. 2d 33·
Fla.·
1969-07-09
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The Florida Supreme Court held that a municipality had a legitimate interest in using public funds to defend city council members in an election contest suit where an adverse judgment would prevent the city from conducting its business operations. The Court distinguished earlier
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409 F.2d 838·
5th Cir.·
1969-04-03
·cited 10×
The court held that the prison regulation restricting typing of legal materials did not deny inmates access to the courts, and handwritten petitions are permissible.
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410 F.2d 1052·
D.C. Cir.·
1969-03-26
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The court held that the Federal Trade Commission's Rule 36, which allowed for pre-release detention and testing of imported wool products, was not authorized by the Wool Act of 1939.
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221 So. 2d 409·
Fla.·
1969-03-19
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The Florida Supreme Court denied a writ of prohibition challenging the constitutional validity of the Florida Industrial Commission's composition. The Court held that the Circuit Court lacked jurisdiction to issue prohibition to the full Commission, and that the District Court of
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The court held that at least two appellants, as taxpayers, possess the requisite standing to challenge federal expenditures for a commemorative stamp alleged to violate the Establishment Clause.
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402 F.2d 739·
10th Cir.·
1968-10-31
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Title to the beds of navigable streams within Oklahoma passed to the state upon its admission to the Union, as the United States did not clearly intend to convey such title to the Indian tribes through prior treaties.
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213 So. 2d 313·
Fla. 3d DCA·
1968-08-13
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The court held that the notice given for the temporary injunction was adequate and the relief granted was temporary in nature, complying with procedural rules. The court also held that denying a jury trial in an equitable case was within the lower court's discretion.
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The court held that the evidence supported the trial court's findings that the appellants violated a permanent injunction by indirectly employing former employees through a new company, and that the awarded civil contempt damages and attorneys' fees were proper.