8,031 Florida cases classified under this topic, plus 5,116 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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This case involves a dispute over an easement for ingress and egress. The court affirmed a lower court's decision permanently enjoining defendants from obstructing the plaintiffs' easement and ordering the removal of obstacles, upholding the validity and scope of the easement as
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The Florida Supreme Court upheld the validity of $43,000 in revenue certificates issued by the Town of River Junction to finance additions to its electric utility system, holding that such special revenue certificates may be issued without voter approval when the proceeds are rei
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864 F.2d 881·
1st Cir.·
1988-10-26
·cited 59×
The court held that the plaintiff presented sufficient evidence of a hostile work environment and sex discrimination to survive summary judgment against most defendants.
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In a contract dispute over a hotel purchase, the trial court ordered sellers to deposit $500,000 (the buyer's deposit) into the court registry pending resolution of the case. The appellate court reversed, holding that Florida law does not permit courts to order deposit of funds i
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523 F.2d 1331·
2d Cir.·
1975-07-09
·cited 59×
The court held that Grotrian intentionally infringed upon Steinway's trademarks and engaged in unfair competition, affirming the dismissal of Grotrian's complaint but modifying the scope of relief granted to Steinway.
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399 F.2d 1010·
5th Cir.·
1968-08-12
·cited 59×
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The court should not have granted a preliminary injunction without sufficient evidence to establish material facts and without requiring security from the appellee.
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The Florida Supreme Court vacated a contempt conviction against attorney Vincent C. Giblin for filing an affidavit containing accusations against a circuit judge. The Court held that while certain statements in the affidavit may have been contemptuous, due process required that G
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In this evenly divided court, the Florida Supreme Court affirmed a lower court decree canceling a loan agreement and returning a pledged bracelet, despite three justices believing the decree should be reversed. The case involves whether a $300 fee charged to secure a loan, combin
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The appellate court reversed a lower court's decision to sustain a demurrer for multifariousness. The court held that a bill of complaint uniting claims for divorce, alimony, and property disputes arising from the marriage is not multifarious if it promotes judicial economy and c
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The Florida Supreme Court reviewed a referee's disciplinary recommendation against attorney Mark F. Germain for multiple ethical violations, including filing frivolous petitions, making false statements under oath, and making disparaging remarks about opposing parties and judges.
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410 F.3d 1250·
11th Cir.·
2005-05-31
·cited 58×
Solantic, LLC challenged the constitutionality of Neptune Beach's sign code on First Amendment grounds, arguing that the code's enumerated exemptions rendered it an unconstitutional content-based restriction on speech and that its permit requirement lacked time limits, making it
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923 F.2d 1441·
11th Cir.·
1991-02-01
·cited 58×
The court held that the new Georgia statute permitting reformation of covenants not to compete applies retroactively and that the preliminary injunction was properly granted under federal procedural standards.
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The court held that post-incident drug testing is a minor dispute, while post-furlough testing is a major dispute under the Railway Labor Act.
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738 F.2d 1126·
11th Cir.·
1984-08-09
·cited 58×
The court held that the trial court erred in its findings regarding hiring and promotion claims, and in its calculation of back pay, requiring remand for further proceedings. The denial of injunctive relief was affirmed.
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596 F.2d 573·
3d Cir.·
1979-03-26
·cited 58×
Indirect purchasers are generally barred from suing for treble damages under the Clayton Act, but may still seek injunctive relief. Purchasers from competitors of antitrust violators also lack standing to sue for treble damages due to the speculative nature of causation and the r
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593 F.2d 783·
7th Cir.·
1979-02-26
·cited 58×
The court affirmed the finding of sex discrimination but reversed and remanded the damages award, holding that the plaintiff proved wage discrimination but failed to establish the extent of her losses from wrongful discharge.
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584 F.2d 668·
5th Cir.·
1978-11-20
·cited 58×
The dissenting judge argues that the statute and Supreme Court precedent implicitly grant the Secretary of Labor the authority to file suit to compel workplace inspections.
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539 F.2d 77·
5th Cir.·
1976-08-30
·cited 58×
The court held that a Title VII plaintiff does not need to show economic harm to establish a prima facie case for injunctive relief, and that the district court erred in requiring such proof.
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528 F.2d 499·
5th Cir.·
1976-02-27
·cited 58×
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501 F.2d 1177·
9th Cir.·
1974-07-23
·cited 58×
The court held that the district court's order dismissing the class action allegation was appealable and vacated the order because the district court failed to make required findings.
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494 F.2d 1301·
2d Cir.·
1974-04-09
·cited 58×
A defendant who trades securities while in possession of material, non-public information about a potential merger violates Section 10(b) and Rule 10b-5, and an injunction is appropriate given the defendant's professional role and repeated violations.
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431 F.2d 1299·
5th Cir.·
1970-09-23
·cited 58×
A federal court cannot abstain from hearing a civil rights case solely because a state remedy is available; the federal remedy under Section 1983 is supplementary and does not require exhaustion of state judicial or administrative remedies.
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429 F.2d 901·
7th Cir.·
1970-06-29
·cited 58×
A police department rule prohibiting all derogatory comments about the department is unconstitutionally overbroad and violates officers' First Amendment free speech rights.
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419 F.2d 575·
6th Cir.·
1970-01-06
·cited 58×
The court held that federal officials' discretion in initiating prosecutions and investigations is not subject to judicial control by mandamus, and that county/city officials are immune from injunctive relief for discretionary actions absent specific allegations of unconstitution
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A premature notice of appeal from an order denying a three-judge court can be treated as an appeal from the subsequent final judgment if no prejudice results. The refusal to convene a three-judge court and the grant of summary judgment were correct.
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378 F.2d 538·
10th Cir.·
1967-05-16
·cited 58×
The court held that federal courts lack jurisdiction to review military assignments or grant relief to a service member seeking conscientious objector status before exhausting all military remedies.
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The court held that prison correspondence restrictions are generally not subject to judicial review unless they amount to unlawful administration of a prison sentence, such as denying access to courts or discriminating based on protected characteristics.
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351 F.2d 183·
5th Cir.·
1965-09-14
·cited 58×
The majority opinion affirmed the district court's denial of relief against the lessee but dissented regarding the lessor, Galveston Wharves. The dissenting judge believed the dispute was minor and within the exclusive jurisdiction of the Railway Adjustment Board.
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341 F.2d 537·
9th Cir.·
1965-02-10
·cited 58×
The court affirmed the district court's stay of discharge, finding that the traditional factors for granting a stay pending review were met.
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98 So. 2d 816·
Fla. 1st DCA·
1957-12-06
·cited 58×
The court held that a non-compete agreement in an employment contract, executed after the effective date of Fla. Stat. § 542.12, is enforceable by injunction if reasonable, even if prior common law would have prohibited it.
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240 F.2d 59·
4th Cir.·
1956-12-31
·cited 58×
School boards can be enjoined from enforcing racial segregation in public schools, as such suits are not barred by the Eleventh Amendment and do not constitute suits against the state.
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The court held that the district judge's findings of "technical contempt" and "good faith" were unwarranted given prior rulings.
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This case concerns whether a company refining crude turpentine into oil of turpentine is considered an "industrial plant" engaged in "refining of oils" for tax exemption purposes under the Florida Constitution. The court affirmed the lower court's decision, finding the company's
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The Florida Supreme Court upheld the validity of Chapter 16981 (the Educational Institutions Act of 1935) and the State Board of Control's plan to issue revenue certificates secured only by dormitory and dining hall fees at three state educational institutions. The court held tha
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The Florida Supreme Court affirmed a decree compelling Southern Utilities Company to comply with a 1914 franchise ordinance fixing the rate for commercial electric lighting at 10 cents per kilowatt-hour. The court held that a municipality may enter into binding rate contracts wit
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777 F.2d 598·
11th Cir.·
1985-11-13
·cited 57×
The court vacated injunctions against a repealed ordinance due to mootness, dismissed appeals of interlocutory orders regarding a successor ordinance as improvidently granted, and affirmed the denial of preliminary injunctive relief.
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732 F.2d 1107·
2d Cir.·
1984-04-17
·cited 57×
The court held that attorney's fees under the Equal Access to Justice Act (EAJA) are not available for habeas corpus petitions, but may be available for other civil actions against the government. The court also found the government's litigation position regarding contact visits
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408 So. 2d 735·
Fla. 3d DCA·
1982-01-12
·cited 57×
Jamko, Inc. sought an injunction against Moriber and Liza Danielle, Inc. for violating an exclusivity clause in Jamko's warehouse lease by leasing space to a competing shoe store. The court granted the injunction, but the appellate court reversed, holding that Jamko had an adequa
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598 F.2d 432·
5th Cir.·
1979-07-09
·cited 57×
Due process requires notice to absent class members before their individual monetary claims can be barred by a prior class action, even if the prior action was a Rule 23(b)(2) class action seeking injunctive relief.
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570 F.2d 57·
2d Cir.·
1978-01-12
·cited 57×
The court held that a partial summary judgment, not adjudicating all claims or relief, is not final under Rule 54(b) and thus not res judicata, allowing for its vacation by the district court.
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The court held that while some prison conditions did not violate the Eighth Amendment or prior injunctions, others, particularly concerning punitive isolation and mail processing, required further consideration or reversal.
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497 F.2d 197·
9th Cir.·
1974-05-01
·cited 57×
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The Florida Supreme Court quashed an order enforcing a Fair Trade Act, holding that the act unconstitutionally delegated sovereign power to private entities for private gain, stifling competition and violating property rights. The court found the act arbitrary and unreasonable, s
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The Florida Supreme Court affirmed an injunction restraining collection of drainage taxes on lands included in the Interbay Drainage District, holding that the statutory scheme for organizing drainage districts violates the state constitution by improperly delegating legislative
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The Florida Supreme Court affirmed an equity court's jurisdiction to grant an injunction and account against defendants for mining phosphate from complainants' land under a void tax deed, holding that the destruction of mineral deposits constitutes irreparable injury sufficient t
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992 So. 2d 142·
Fla.·
2008-09-15
·cited 56×
The Florida Supreme Court held that the ballot title and summary for Amendment 5, proposed by the Taxation and Budget Reform Commission, were misleading and violated statutory requirements for clear disclosure of an amendment's chief purposes. The court affirmed the trial court's
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674 So. 2d 789·
Fla. 4th DCA·
1996-05-01
·cited 56×
The Town of Manalapan appeals a writ of mandamus ordering it to process public records requests in compliance with Florida's Public Records Act. The court affirmed the mandamus remedy but struck the trial court's retention of ongoing jurisdiction to oversee enforcement, holding t
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The Florida Supreme Court held that state attorneys are immune from civil liability for failing to seek an injunction for protection on behalf of a domestic violence victim, even where the victim relied on assurances that the state attorney would act and suffered fatal harm as a
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773 F.2d 892·
7th Cir.·
1985-09-24
·cited 56×
The court held that the district court correctly applied collateral estoppel to bar the plaintiffs' RICO claims, as the essential issues regarding the corporate reorganization and related financial practices were already litigated and decided in prior state court proceedings.