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235 F.2d 883·
10th Cir.·
1956-07-24
·cited 2×
The court held that the plaintiff's claim to enforce an attorney's lien against tax collection does not present extraordinary circumstances justifying injunctive relief under 26 U.S.C.A. § 7421.
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89 So. 2d 217·
Fla.·
1956-07-06
·cited 2×
Milk producers and distributors challenged the Florida Milk Commission's suspension of milk price enforcement for one year without public notice or hearing. The Florida Supreme Court reversed, holding that the Commission lacked authority to suspend price controls without followin
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227 F.2d 954·
4th Cir.·
1955-12-15
·cited 2×
The court held that the injunction against trademark infringement was not sufficiently broad and modified it to provide greater protection for the plaintiff's 'Life' trademark.
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216 F.2d 407·
9th Cir.·
1954-10-13
·cited 2×
The court held that a prior Supreme Court decision affirming dismissal of an alien's deportation order review was res judicata, barring a second suit seeking the same relief.
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214 F.2d 759·
10th Cir.·
1954-07-08
·cited 2×
A joint judgment erroneously entered against two defendants may be reversed as to one and sustained against the other if it does not cause injustice.
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73 So. 2d 221·
Fla.·
1954-06-08
·cited 2×
Brown challenges an order denying his motion to dismiss a complaint by Skinner-Moser Sales partnership seeking restitution and an injunction for partnership property (aircraft and automobile) that Brown knowingly accepted from a partner in a fraudulent transaction. The Florida Su
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207 F.2d 142·
D.C. Cir.·
1953-09-04
·cited 2×
A resident alien lawfully present in the United States is entitled to a due process hearing before the Attorney General can deny them permission to depart.
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205 F.2d 231·
7th Cir.·
1953-06-23
·cited 2×
The court held that the district court erred by not considering the effect of a subsequent consent decree and by failing to make specific findings on whether the "divorcement" of theatre operations from production/distribution was conducted in good faith.
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63 So. 2d 625·
Fla.·
1953-03-13
·cited 2×
Hanes and Watkins entered into a contract to purchase the Abernathy Paint Company, with Watkins acquiring controlling stock and Hanes eventually receiving 49% of the stock after the business became profitable. Hanes later sued seeking to dissolve the corporation and claiming part
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199 F.2d 847·
8th Cir.·
1952-11-11
·cited 2×
The trial court did not err in declining jurisdiction over the complaint for injunctive relief, as the issues presented involved primarily factual questions requiring administrative discretion and expertise.
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199 F.2d 862·
10th Cir.·
1952-11-01
·cited 2×
The court held that the expiration of patents does not automatically terminate an injunction against interfering with valid lease agreements for the patented property.
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3 Fla. Supp. 129·
Dade Cty. Cir. Ct.·
1952-04-01
·cited 2×
The court held that the defendants' proposed use of the names 'Deering' and 'Vizcaya' in their real estate development constituted unfair competition, justifying injunctive relief.
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1 Fla. Supp. 125·
Dade Cty. Cir. Ct.·
1951-08-07
·cited 2×
This case clarifies the procedure for obtaining injunctive relief when telephone service is discontinued due to alleged illegal use for gambling. The court emphasizes that while a court of equity can grant temporary relief pending a commission hearing, the applicant must demonstr
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184 F.2d 486·
9th Cir.·
1950-09-28
·cited 2×
The court held that denying restitution for rent overcharges solely on the grounds that it would constitute imprisonment for debt is improper, but affirmed the denial of restitution in one case due to insufficient record.
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181 F.2d 267·
5th Cir.·
1950-04-25
·cited 2×
The court held that the trial court did not abuse its discretion in refusing to dismiss the Savannah action, as it presented claims not directly attacking the Florida reorganization decree.
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160 F.2d 697·
10th Cir.·
1947-03-07
·cited 2×
The court held that the partnership was the alter ego of the corporation, and their split shipments should be treated as single shipments exceeding the maximum price. Advance cash deposits and limiting sales to less than 14,000 pounds did not violate the regulation.
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152 F.2d 856·
5th Cir.·
1945-12-04
·cited 2×
The court held that the plaintiffs failed to exhaust administrative remedies and follow procedural rules for seeking redress against the fraternal benefit society.
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145 F.2d 349·
5th Cir.·
1944-11-10
·cited 2×
The court held that an injunction was not necessary because the employer had ceased the challenged practice and demonstrated no intent to resume it.
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144 F.2d 370·
1st Cir.·
1944-08-25
·cited 2×
The court held that while a claim to quiet title against the United States is barred by sovereign immunity, a claim for trespass and injunctive relief against a federal official acting under color of authority is permissible and can be decided based on relative title.
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142 F.2d 744·
9th Cir.·
1944-05-08
·cited 2×
The court held that the evidence supported the finding of a fraudulent scheme by Timetrust and its officers, but not by the Bank of America or its officers, as the latter did not participate in the selling campaign.
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140 F.2d 286·
7th Cir.·
1944-01-20
·cited 2×
Property owned by the United States through its instrumentality and used for a low-cost housing project is exempt from state and local taxation, even if jurisdiction is not exclusive.
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136 F.2d 65·
10th Cir.·
1943-05-24
·cited 2×
The State Engineer of New Mexico lacks jurisdiction to prohibit the storage and use of water in New Mexico for lands in Colorado, provided such use does not adversely affect water rights in New Mexico.
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128 F.2d 841·
7th Cir.·
1942-06-18
·cited 2×
The court held that the appeals were from an interlocutory order and therefore dismissed them, as the District Court had complied with the prior mandate.
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130 F.2d 99·
6th Cir.·
1942-06-02
·cited 2×
The court held that the prior summary judgment finding no infringement was binding and precluded further action to prevent the defendants from asserting infringement.
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121 F.2d 835·
3d Cir.·
1941-06-30
·cited 2×
The court held that a complaint alleging a zoning amendment was enacted without a change in neighborhood conditions states a cause of action for injunctive relief.
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90 Fla. 62·
Fla.·
1925-06-24
·cited 2×
The Florida Supreme Court reversed interlocutory orders granting a temporary restraining order and denying dissolution of that order in a property dispute between a railroad company and a landowner. The court held that the complainant failed to allege the necessary prerequisites
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73 Fla. 34·
Fla.·
1917-01-18
·cited 2×
This case involves a taxpayer lawsuit seeking to enjoin county commissioners from paying an engineering company for road construction. The Florida Supreme Court dismissed the appeal because the work had already been completed and payments made, rendering the requested injunction
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429 So. 3d 1095·
Fla. 2d DCA·
2026-02-25
·cited 1×
A commercial wedding venue operator's property was classified as agricultural for tax purposes, but the court held that this classification alone does not shield the operator from nuisance claims or local code violations under Florida's Right to Farm Act. The court reversed summa
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2025 WL 2624519·
M.D. Fla.·
2025-12-04
·cited 1×
Summary judgment is granted in favor of the defendants on Counts X and XI, and the parties' motions in limine are denied as moot.
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2016 WL 3746538·
M.D. Fla.·
2025-11-04
·cited 1×
The court held that an insurance company may interplead disputed policy proceeds among claimants, but the funds must be deposited into the court registry, not a private trust account.
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393 So. 3d 1274·
Fla. 3d DCA·
2024-09-10
·cited 1×
Ivan Pacheco appealed a trial court's denial of his request to disqualify mayoral candidate Arturo Jinete from running for office in the Town of Medley based on alleged failure to meet the town charter's one-year residency requirement. The appellate court affirmed, finding that J
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Fla. 2d DCA·
2024-03-27
·cited 1×
Florida PACE Funding Agency appealed the trial court's denial of its motion to dismiss for improper venue in a dispute with Pinellas County over FPFA's authority to operate a Property Assessed Clean Energy program in the County. The appellate court affirmed the denial, rejecting
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376 So. 3d 774·
Fla. 2d DCA·
2023-11-08
·cited 1×
Ordinances adopting customary use doctrine for beaches adopted between January 1, 2016, and June 30, 2018, are not void under section 163.035, and municipalities may raise customary use as an affirmative defense in proceedings challenging such ordinances.
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372 So. 3d 750·
Fla. 6th DCA·
2023-08-25
·cited 1×
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366 So. 3d 1176·
Fla. 1st DCA·
2023-05-17
·cited 1×
This case concerns whether a district court of appeal has jurisdiction to review a non-final order granting summary judgment on only one count of a three-count declaratory judgment complaint. The court held that it lacked jurisdiction because the order did not qualify as an appea
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Fla. 2d DCA·
2023-02-03
·cited 1×
The appellate court affirmed the dismissal of claims based on a "D+" rating, deeming it a nonactionable opinion. However, it reversed the dismissal of claims under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), allowing the plaintiff to amend its complaint.
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351 So. 3d 1212·
Fla. 2d DCA·
2022-11-30
·cited 1×
The appellate court reversed a trial court's order granting a temporary injunction. The court found that the injunction improperly altered the status quo and granted the ultimate relief sought by the plaintiffs before a full trial on the merits.
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351 So. 3d 120·
Fla. 2d DCA·
2022-11-04
·cited 1×
The appellate court affirmed in part and reversed in part a trial court's order granting injunctive relief. While the court agreed with the trial court's findings regarding breach of a settlement agreement, it reversed the portion authorizing a writ of bodily attachment without a
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47 Fla. L. Weekly S519·
Fla. 3d DCA·
2022-10-06
·cited 1×
Cozen O'Connor and Lexington Insurance sought certiorari review of a trial court's denial of their motions to dismiss a state court lawsuit alleging violations of Florida's Mediation Confidentiality and Privilege Act. The Third District Court of Appeal lacked certiorari jurisdict
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Fla. 1st DCA·
2022-08-22
·cited 1×
This case concerns whether a candidate's sworn statement of party affiliation, made during the qualification process, can be challenged and used to disqualify them from a primary election ballot if the statement is later found to be false. The court held that once a candidate's p
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348 So. 3d 8·
Fla. 3d DCA·
2022-08-17
·cited 1×
A plaintiff who voluntarily dismisses a complaint is the prevailing party entitled to attorney's fees when the defendant's actions effectively moot the case by providing the substantial relief sought in the litigation.
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346 So. 3d 1205·
Fla. 3d DCA·
2022-04-20
·cited 1×
The City of Homestead and individual trustees sought a writ of prohibition to prevent the appellate division of the Miami-Dade County circuit court from exercising jurisdiction over a petition for certiorari filed by the United States. The court granted the petition, holding that
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327 So. 3d 311·
Fla. 4th DCA·
2021-09-08
·cited 1×
Maria and Michael Ruckdeschel appealed a trial court order granting their insurance company's motion to compel them to pay their deductible, execute a work authorization form, and allow repairs under their homeowner's policy. The appellate court reversed, holding that the trial c
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45 Fla. L. Weekly D1219·
Fla. 5th DCA·
2021-06-16
·cited 1×
This case addresses whether a final summary judgment awarding unliquidated damages against a defaulted defendant is void as a matter of law. The Fifth District Court of Appeal held that such a judgment is not automatically void when the defaulted defendant receives proper notice
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319 So. 3d 172·
Fla. 5th DCA·
2021-05-06
·cited 1×
Husband appealed a nonfinal order granting Wife's emergency motion to freeze marital accounts, in which the trial court ordered the accounts unfrozen but placed in both parties' names. The court reversed, holding that the trial court exceeded the scope of Wife's requested relief
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12100 S.W. 177·
S.D. Fla.·
2021-04-29
·cited 1×
The court granted Plaintiff's motion for default judgment, ordering Defendant to remedy ADA violations and awarding Plaintiff attorney's fees and costs.
-
M.D. Fla.·
2020-07-21
·cited 1×
A defendant's removal of its website does not moot an ADA claim if third-party booking sites remain non-compliant and the plaintiff seeks injunctive relief.
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44 Fla. L. Weekly D2356·
Fla. 2d DCA·
2019-11-15
·cited 1×
# Legal Brief
In *Deeson Media, LLC v. The City of Tampa*, the Second District Court of Appeal held that while a petition for writ of mandamus is an appropriate procedural vehicle to challenge the denial of public records even when an exemption is asserted, the appeal was render
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281 So. 3d 516·
Fla. 4th DCA·
2019-10-16
·cited 1×
# LEGAL BRIEF
**Cabrera v. U.S. Bank National Association**, 4D18-3537 (Fla. Dist. Ct. App. Oct. 16, 2019): The appellate court reversed a nonfinal order denying a borrower's motion to file a class action counterclaim in a foreclosure case, holding that the trial court failed to
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Fla. 3d DCA·
2019-07-17
·cited 1×
This case concerns whether certain City of Miami residents and a non-resident had legal standing to sue the City over lease agreements for a development project. The appellate court affirmed the trial court's dismissal, finding that the residents lacked standing because a relevan