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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153 So. 2d 337·
Fla. 2d DCA·
1963-05-15
·cited 9×
The First Independent Missionary Baptist Church of Chosen, a congregational church with schismatic membership, appealed a decree awarding church property to the minority faction. The court held that in a congregational church governed by majority rule, the majority faction retain
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152 So. 2d 179·
Fla. 2d DCA·
1963-04-17
·cited 9×
The NAACP and its St. Petersburg chapter members appealed a permanent injunction prohibiting picketing and boycotts of Webb's City, a department store, which they organized to protest segregationist policies and employment discrimination. The court affirmed the injunction, holdin
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The Florida District Court of Appeal reversed a permanent injunction granted by the lower court that prohibited union picketing, slowdown activities, and other concerted labor activities at Nubar Tool & Engineering Company. The court held that state courts lack jurisdiction to en
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The court held that the trial court did not abuse its discretion in denying the motion for a preliminary injunction.
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136 So. 2d 656·
Fla. 3d DCA·
1962-01-15
·cited 9×
Minority stockholders of Pan American Bank of Miami sued derivatively against the majority stockholder (Sottile, Inc.) and bank officers for extracting over $1.4 million through consolidated tax returns, breaching a guaranty agreement, and tortious conduct. The Florida appellate
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The District Court correctly dismissed the case for lack of federal jurisdiction because federal law prohibits federal courts from enjoining state tax collection when a plain, speedy, and efficient remedy exists in state courts.
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116 So. 2d 642·
Fla. 3d DCA·
1959-11-12
·cited 9×
The Florida District Court of Appeal affirmed an equity decree enjoining enforcement of a motel license suspension order, holding that statutory immunity from prosecution under § 932.29 extends to protection against license revocation or suspension penalties, and that a court of
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111 So. 2d 746·
Fla. 1st DCA·
1959-05-07
·cited 9×
The Florida Board of Conservation appealed from an injunction prohibiting enforcement of Rule 12, which extended the statutory closed oyster season to privately leased beds. The court affirmed that the Board lacked statutory authority to impose a closed season on cultivated oyste
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109 So. 2d 180·
Fla. 2d DCA·
1959-02-20
·cited 9×
A spouse can seek equitable relief against the other spouse regarding property held by the entirety, even within a partnership context, without necessarily terminating the estate by the entirety itself.
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262 F.2d 307·
2d Cir.·
1958-12-31
·cited 9×
The court held that the Housing and Home Finance Agency cannot sue or be sued, service of process on the Administrator was improper, and the plaintiff lacks standing.
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The court held that the trial court did not abuse its discretion in denying a temporary injunction and that the complaint stated an adequate remedy at law for the alleged conspiracy claims.
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232 F.2d 866·
8th Cir.·
1956-04-23
·cited 9×
The court held that the plaintiff's claims for injunction were moot or should have been raised in prior motions, and thus the dismissal of the suit was affirmed.
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71 So. 2d 725·
Fla.·
1953-12-11
·cited 9×
The Florida Supreme Court denied a petition for certiorari challenging an order overruling motions to strike and dismiss a zoning challenge. The court held that whether zoning restrictions on the respondents' property should be removed depends on whether the adjacent lots (6, 7,
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57 So. 2d 853·
Fla.·
1952-03-21
·cited 9×
The Supreme Court of Florida reversed a lower court's decision that had enjoined the City of Orlando from enforcing an ordinance taxing liquefied petroleum gas purchases. The court held that the state statute authorizing such taxes was not limited to public utilities and that the
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41 So. 2d 874·
Fla.·
1949-08-02
·cited 9×
This case involves a labor dispute where a union attempted to negotiate a contract and, upon being ignored, organized a strike and picketing. The lower court granted an injunction against the union based on a state statute requiring a majority employee vote for a strike. The appe
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The court held that the order denying the preliminary injunction was legally sound based on the record, as the plaintiffs failed to establish jurisdiction or that the reserve clause violated antitrust laws.
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159 Fla. 600·
Fla.·
1947-07-18
·cited 9×
Lake Hamilton appealed an injunction prohibiting enforcement of municipal taxes on the plaintiffs' property. The Florida Supreme Court reversed in part, holding that while property owners receiving no municipal benefits need not pay general administrative taxes, they remain subje
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156 Fla. 704·
Fla.·
1945-12-18
·cited 9×
The Dr. William Howard Hay Foundation sought to prevent the Pinellas County Tax Collector from issuing tax certificates for certain lands, claiming exemption from taxation based on use for educational, literary, scientific, religious, or charitable purposes. The Florida Supreme C
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152 F.2d 667·
D.C. Cir.·
1945-12-17
·cited 9×
The court held that a federal court's judgment on a foreign judgment is valid even if a state court later attempts to vacate the original judgment, provided the federal court had jurisdiction. It also held that a federal court cannot enjoin state court proceedings in personam if
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149 F.2d 558·
7th Cir.·
1945-05-29
·cited 9×
The court held that the government ban on manufacturing washing machines frustrated the exclusive license agreement, excusing performance and preventing cancellation.
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154 Fla. 785·
Fla.·
1944-08-01
·cited 9×
The Florida Supreme Court reversed a lower court decree invalidating special assessment liens imposed by the City of Hollywood for street improvements. The court held that while the City had technical procedural deficiencies, these did not vitiate the liens where the substance of
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D.D.C.·
1942-12-15
·cited 9×
The court held that the doctrines of laches and estoppel are applicable to the facts presented, suggesting the marriage may be valid despite an invalid divorce.
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151 Fla. 185·
Fla.·
1942-07-24
·cited 9×
Insurance companies sought to cancel life and disability insurance policies for fraud in procurement. The trial court dismissed the equity suits after the defendants changed the beneficiary during litigation, holding that the legal remedy then became adequate. The Florida Supreme
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129 F.2d 481·
7th Cir.·
1942-06-05
·cited 9×
A Circuit Court of Appeals cannot modify its final decree after the term expires, unless the decree is of a continuing, executory nature and conditions have changed, making a provision inapplicable. The court denied modification because the union sought to bypass an election, whi
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147 Fla. 401·
Fla.·
1941-06-03
·cited 9×
The Riviera Club challenged the constitutionality of a 1931 special act incorporating the City of Ormond, arguing that certain wild, unimproved lands within the municipality's boundaries could not benefit from incorporation and therefore could not be taxed for municipal purposes.
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The Florida Supreme Court reviewed and quashed a temporary injunction restraining the Milk Commission from enforcing Order No. 22-38, which regulated milk bottle deposits and prohibited rebate schemes in the dairy industry. The Court upheld the constitutionality of the Milk Commi
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144 Fla. 344·
Fla.·
1940-10-04
·cited 9×
The Florida Supreme Court reversed an injunction against municipal taxation imposed by the Town of North Miami, holding that property owners lack standing to challenge a municipality's legal existence through equity proceedings and that the Town of North Miami exists as at least
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The Florida Supreme Court affirmed an interpleader decree requiring multiple claimants to settle their conflicting rights to insurance proceeds from a policy where the insured was killed by his widow. The court also upheld the trial court's issuance of a temporary injunction halt
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141 Fla. 382·
Fla.·
1940-01-16
·cited 9×
Property owners sued to enjoin tax assessments on lands that were ousted from municipal jurisdiction in prior quo warranto proceedings, challenging whether the Town of Davenport could exercise de facto jurisdiction to levy taxes for municipal bonds issued before the ouster judgme
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141 Fla. 360·
Fla.·
1940-01-12
·cited 9×
The Florida Supreme Court reversed in part and affirmed in part a lower court's injunction preventing the state comptroller from enforcing a gross sales tax against the Nunnally Company's restaurants and ancillary businesses. The court held that while restaurants and liquor sales
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140 Fla. 448·
Fla.·
1939-11-07
·cited 9×
In this mortgage foreclosure and reformation case, G. L. Bullard sought to reform and foreclose a mortgage he claimed secured $15,000 in notes against A. R. Fender and related corporate defendants. The Florida Supreme Court affirmed the chancellor's decision holding that the mort
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138 Fla. 260·
Fla.·
1939-05-23
·cited 9×
The Florida Supreme Court affirmed a lower court's decree rescinding the disability and double indemnity provisions of a life insurance policy based on fraudulent misrepresentations in the application. The court held that an incontestability clause that explicitly excepted disabi
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136 Fla. 615·
Fla.·
1939-03-08
·cited 9×
The Florida Supreme Court reviewed a lower court's dissolution of a temporary injunction and dismissal of a bill of complaint. The appellate court affirmed the dissolution of the injunction but reversed the dismissal, finding sufficient equity in the bill to proceed.
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136 Fla. 491·
Fla.·
1938-10-15
·cited 9×
Jacksonville Land Holding Company appealed a declaratory judgment and injunction upholding the termination of a commercial lease. The Florida Supreme Court affirmed, holding that a notice to terminate sent by registered mail on October 31, 1936, with a termination date of January
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A Florida taxpayer challenged the City of Miami's sale and exchange of delinquent tax certificates as ultra vires and invalid. The court upheld the trial court's orders granting a temporary injunction and denying the defendant's motions to dismiss, holding that tax certificates a
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131 Fla. 191·
Fla.·
1938-02-21
·cited 9×
This case involves an appeal from a decree enjoining city officials from enforcing a zoning ordinance that restricted property use. The court affirmed the lower court's decision, finding the ordinance unreasonable and confiscatory as applied to the property.
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127 Fla. 765·
Fla.·
1937-04-22
·cited 9×
This case concerns whether documentary stamps are required for mere extensions of promissory notes, as opposed to renewals. The court held that extensions, when not accompanied by a new signature or contract, do not constitute taxable events under the relevant statute.
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125 Fla. 144·
Fla.·
1936-08-03
·cited 9×
This case involves an appeal from a decree that dismissed a bill of complaint seeking to prevent the City of Miami from issuing Water Revenue Certificates. The certificates were to be paid solely from the revenue of the waterworks system, not from general city funds or taxes.
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The Florida Supreme Court reversed a final decree granting a permanent injunction against A. M. Lewis for violating non-solicitation restrictions in an employment contract. The court found that the receivers of a laundry company lacked standing to enforce the restrictive covenant
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101 Fla. 273·
Fla.·
1931-04-21
·cited 9×
The Florida Supreme Court reversed a lower court decision upholding a school board's proposed transfer of school property to the United States for a post office building. The court held that school boards hold property in trust and may not convey it without full, fair, and adequa
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98 Fla. 549·
Fla.·
1929-10-03
·cited 9×
This case concerns a wife's attempt to enjoin the use of her husband's land for a turpentine farm, based on her inchoate right of dower. The court held that an inchoate right of dower does not grant the wife the power to enjoin her husband's lessee during his lifetime.
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61 Fla. 782·
Fla.·
1911-01-01
·cited 9×
The Florida Supreme Court upheld a school district's right to possess a completed school building without requiring a full accounting of disputed amounts owed to the contractors, holding that mechanic's liens do not attach to public school property absent express statutory author
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Statements in published articles characterizing the appellant's admittedly racist communications as a "racist tirade" constitute protected pure opinion based on documented facts and are not actionable defamation. Defamation by implication claims fail when the underlying statement
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The court held that the district court erred in re-entering a permanent injunction without proper findings and in awarding nearly full attorney's fees after significant relief was reversed.
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The Corredors appealed a trial court's final order awarding fees and costs to a court-appointed receiver and his counsel. The Third District Court of Appeal affirmed the substantive fee awards but reversed and remanded because the trial court improperly entered final judgment dir
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336 So. 3d 1241·
Fla. 5th DCA·
2022-03-17
·cited 8×
Lindsay Rollins appealed the denial of an injunction for protection against sexual violence under Florida law. The trial court found both parties credible but determined that Ms. Rollins failed to meet her burden of proving by a preponderance of the evidence that sexual violence
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Appellant appeals a final judgment of injunction for protection against domestic violence, arguing he had legitimate purposes in reporting the appellee's conduct to authorities and third parties, and that the injunction violates his First Amendment rights. The appellate court par
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314 So. 3d 523·
Fla. 3d DCA·
2021-02-24
·cited 8×
A temporary injunction prohibiting the sale of property must comply with Florida Rule of Civil Procedure 1.610, including requiring a verified or sworn motion, conducting an evidentiary hearing when requested, making specific factual findings supporting each element of the injunc
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The court held that Florida's ballot-access law for presidential elections, offering affiliation with a national party or a one-percent signature requirement, does not unconstitutionally burden First Amendment rights or violate the Equal Protection Clause.
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282 So. 3d 969·
Fla. 1st DCA·
2019-10-23
·cited 8×
Condominium assessments constitute consumer debts under the FCCPA because they arise from a consensual home-purchase transaction and involve property purchased primarily for personal, family, or household purposes. A homeowner may therefore seek civil remedies for violations of t