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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A federal court may refuse to exercise its declaratory judgment jurisdiction when a state court action involving the same parties and issues is already pending, especially if exercising jurisdiction would merely adjudicate defenses or encroach upon state court matters.
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Bond holders sought mandamus to compel Bay County to levy ad valorem taxes to pay outstanding interest on four series of county bonds issued between 1925 and 1927. The county refused to budget and levy taxes, claiming one bond series was invalid under constitutional notice requir
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The Florida Supreme Court upheld an injunction against payment of interest on $10,000 in school bonds issued by the City of Quincy, holding that while a validating statute cured irregularities in the bond issuance, a municipality lacks constitutional authority to issue bonds for
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576 F.3d 1223·
11th Cir.·
2009-07-30
·cited 53×
Proudfoot Consulting Company sued former employee Derrick Gordon for breaching restrictive covenants in his employment agreement after he joined Highland, a direct competitor, in June 2006. The district court found all restrictive covenants enforceable under Florida law, granted
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848 So. 2d 345·
Fla. 1st DCA·
2003-02-12
·cited 53×
This consolidated class action involved whether Florida Power Corporation exceeded its easement authority by installing fiber optic communications lines on 6,293 parcels across Florida. The trial court approved a class settlement, but the appellate court found the trial court had
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872 F.2d 1555·
11th Cir.·
1989-05-23
·cited 53×
The court held that the district court did not abuse its discretion in granting a preliminary injunction requiring the INS to provide competent translators, allow witness testimony, and particularize information on the I-696 form for SAW applicants.
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791 F.2d 1356·
9th Cir.·
1986-06-16
·cited 53×
The court held that mutual breaches of the implied covenant of good faith and fair dealing concerning the same transaction nullify each other, preventing recovery. It also affirmed antitrust standing and damages for the Coliseum and Raiders, but vacated the Raiders' contract dama
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753 F.2d 719·
9th Cir.·
1983-04-12
·cited 53×
The court held that an injunction's scope is not overly broad simply because it benefits non-parties, and class certification is not required if class-wide relief is necessary to protect individual plaintiffs' rights.
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675 F.2d 680·
5th Cir.·
1982-05-12
·cited 53×
The dissenting judge would affirm the district court's dismissal, finding the plaintiffs lack standing and a ripe controversy.
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661 F.2d 623·
7th Cir.·
1981-10-01
·cited 53×
The court held that Exemption 7(D) protects the identities of confidential sources and information they provide, and Exemption 7(C) protects FBI agents' and third parties' privacy interests from unwarranted invasion, thus reversing the lower court's order to disclose excised name
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The court held that reservists removed under the age-based years-of-service provisions are not entitled to discretionary relief under the maximum-age removal statute, and the Army is not estopped from denying benefits due to recruiter inducements absent affirmative misconduct.
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602 F.2d 1062·
2d Cir.·
1979-06-28
·cited 53×
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North Ridge General Hospital challenged a special legislative act annexing its property to the City of Oakland Park, arguing the notice and title were inadequate and the annexation denied equal protection. The Florida Supreme Court upheld the annexation, finding the notice suffic
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544 F.2d 1167·
2d Cir.·
1976-11-22
·cited 53×
The court held that the defendant infringed the plaintiff's trademark 'VERA' by using it on cosmetics and fragrances, entitling the plaintiff to injunctive relief.
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The court held that the district court erred in issuing an injunction under § 10(l) because the union's picketing, aimed at securing a jobber's agreement in the garment industry, was protected by the § 8(e) proviso and did not violate § 8(b)(7)(C).
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486 F.2d 663·
2d Cir.·
1973-10-15
·cited 53×
The court held that the Medicare Act requires the Secretary to provide for retroactive corrective adjustments when a method of determining costs proves inadequate or excessive, and that judicial review of the Secretary's refusal to do so is permitted under the Administrative Proc
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323 F.2d 201·
5th Cir.·
1963-09-24
·cited 53×
The dissenting judge argues that the appellate court should affirm the trial court's decision to deny injunctive relief, deferring to the trial judge's discretion and local knowledge.
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In this continuation of prior litigation between Berger and corporate officials regarding contested stock shares, the Florida Supreme Court dissolved an injunction that attempted to prevent enforcement of a peremptory writ in a mandamus proceeding. The Court held that an appellat
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The Supreme Court of Florida held that a county's acceptance of some streets in a platted subdivision constituted an acceptance of all streets shown on the plat, unless an intention to limit the acceptance was shown. This case clarifies that private conveyances of platted streets
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The court on rehearing reversed its prior decision, holding that a zoning ordinance was unreasonable and confiscatory as applied to the Firestone estate's land. The court found that changed circumstances and the land's economic value for hotel and apartment development justified
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The Florida Supreme Court upheld an excise tax on citrus fruit imposed under the Citrus Commission regulatory scheme, rejecting constitutional challenges that the tax was an invalid property tax, a burden on interstate commerce, or imposed for a private rather than public purpose
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Richard Colucci appeals a preliminary injunction prohibiting him from competing nationwide for five years. The appellate court reversed, holding that Kar Kare Automotive Group failed to establish a legitimate business interest sufficient to support enforcement of the non-compete
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763 F.2d 1441·
D.C. Cir.·
1985-06-07
·cited 52×
The court held that Maryland's claims for specific relief, even if monetary, fall within the APA's waiver of sovereign immunity and are not precluded by the Tucker Act, allowing them to be heard under federal question jurisdiction.
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672 F.2d 959·
D.C. Cir.·
1982-01-29
·cited 52×
The court held that the district court erred in dismissing the case for lack of subject matter jurisdiction, as Megapulse's claim was not a disguised contract action barred by the Tucker Act but rather a valid claim under the Administrative Procedure Act for injunctive relief.
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664 F.2d 99·
5th Cir.·
1981-12-18
·cited 52×
The court held that the city's new ordinance was an unconstitutional taking and that municipalities do not have qualified immunity in § 1983 actions.
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391 So. 2d 165·
Fla.·
1980-10-09
·cited 52×
The Florida Supreme Court adopted revised and new Florida Rules of Civil Procedure effective January 1, 1981, addressing multiple procedural matters including class actions, depositions, interrogatories, disqualification of judges, and enforcement of judgments while explaining it
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The court's majority opinion, which this concurrence supports, likely affirmed or reversed a lower court decision regarding tribal jurisdiction or powers, emphasizing the inherent sovereignty of Indian tribes.
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565 F.2d 1364·
6th Cir.·
1977-11-01
·cited 52×
The court held that while individual discrimination claims could be affirmed, class-wide findings of discrimination and the resulting injunctive relief were improper and vacated. The court also affirmed the dismissal of one individual claim while reversing another.
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557 F.2d 438·
5th Cir.·
1977-08-12
·cited 52×
The court held that the Limitation Act of 1851 is inapplicable to a civil action by the United States to recover wreck removal expenses from a party that negligently caused a vessel to sink, obstructing a navigable waterway under the Rivers and Harbors Act of 1899.
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538 F.2d 1166·
5th Cir.·
1976-09-20
·cited 52×
Absent Congressional authorization, the Fourteenth Amendment does not, of its own force, abrogate the Eleventh Amendment's bar against retroactive monetary recovery from a state treasury, even for Fourteenth Amendment violations.
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525 F.2d 933·
5th Cir.·
1976-01-08
·cited 52×
Habeas corpus is not the appropriate vehicle for declaratory or injunctive relief unrelated to custody. However, an independent action for such relief may be possible.
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532 F.2d 655·
9th Cir.·
1975-11-03
·cited 52×
Public Law 280 does not grant state or local governments jurisdiction to enforce zoning and building codes on Indian reservation trust lands, as such jurisdiction is not explicitly conferred and is preempted by federal law and policy.
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303 So. 2d 9·
Fla.·
1974-06-12
·cited 52×
United States Steel Corporation challenged a decision by the Second District Court of Appeal that reversed the trial court's dismissal of a suit brought by Save Sand Key, Inc., a non-profit environmental corporation, seeking to protect public beach access rights on Steel's proper
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492 F.2d 587·
D.C. Cir.·
1974-01-25
·cited 52×
The court held that the President erred in failing to adjust federal pay scales in October 1972 under the FPCA, as Section 3 of the ESA Amendments did not preclude this adjustment.
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The court agrees that foreign relations are a political question, but the concurring opinion believes executive classifications of information should not be entirely insulated from judicial review.
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453 F.2d 709·
2d Cir.·
1971-12-13
·cited 52×
An "acquiring group" of shareholders acting in concert to gain control of a company is considered a "person" under Section 13(d) of the Securities Exchange Act, triggering disclosure requirements upon agreement to act together, regardless of individual share purchases. An issuer
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436 F.2d 344·
7th Cir.·
1970-11-27
·cited 52×
The court held that a landlord's policy against renting to employed mothers with infant children, even if applied uniformly, cannot serve as a defense to racial discrimination under the Civil Rights Act of 1866 and 1968 when race was a factor in the denial.
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415 F.2d 212·
5th Cir.·
1969-07-28
·cited 52×
The court held that statements made by a union member during an internal organizing campaign are protected speech under the LMRDA, and that a union cannot discipline a member for such speech unless it falls within narrow exceptions. The court also held that the district court lac
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Greyhound obtained a temporary injunction preventing competitor Tamiami Trail Tours from operating bus service on the Sunshine State Turnpike. The appellate court reversed, holding that the injunction improperly disturbed the status quo and that Greyhound failed to demonstrate ir
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The court held that an order staying proceedings pending arbitration is not a final judgment appealable under 28 U.S.C. § 1291, nor is it an appealable injunction under 28 U.S.C. § 1292(a)(1) when the underlying action is essentially in equity.
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318 F.2d 1·
5th Cir.·
1963-05-13
·cited 52×
The court held that the City of Jackson's maintenance and enforcement of racial segregation signs and practices in bus and rail terminals violates the Interstate Commerce Act and the Commerce Clause, and that the United States has standing to seek injunctive relief.
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256 F.2d 410·
5th Cir.·
1958-06-17
·cited 52×
The court held that the district court's order granting broad injunctive relief and mandating a special shareholder meeting was improper, exceeding its equity powers and the scope of a preliminary injunction.
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238 F.2d 689·
5th Cir.·
1956-11-30
·cited 52×
The court held that the district court erred in dismissing claims against the Public Housing Administration (PHA) and the Housing Authority of Savannah (SHA) for lack of jurisdiction, venue, and failure to state a claim, and that genuine issues of material fact existed regarding
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238 F.2d 724·
4th Cir.·
1956-11-14
·cited 52×
The court held that mandamus would not issue because the applicants had not exhausted their administrative remedies under the North Carolina Pupil Enrollment Act, as interpreted by the North Carolina Supreme Court.
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The Florida Supreme Court held that restrictive covenants limiting land use to residential purposes do not constitute compensable property rights when the land is acquired for public use, even if the public use violates the restrictions. The court reversed the lower court's injun
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210 F.2d 86·
10th Cir.·
1954-01-07
·cited 52×
The court held that the admission of a prior consent decree as prima facie evidence, the withdrawal of a specific paragraph from that decree, the method of proving damages, and the jury instructions were all proper and did not prejudice the defendants. The evidence was sufficient
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The Florida Supreme Court affirmed a decision holding that a private corporation lawfully acquired title to filled-in submerged lands by exercising rights granted under Florida's 1921 riparian statute, and that a 1941 special legislative act attempting to divest the corporation o
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The Florida Supreme Court affirmed on rehearing consolidated cases involving a town's contract with a paving company and subsequent lien certificates. The Court held that while the contract was questionable, the Town of Boca Raton was effectively protected by a permanent injuncti
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The Florida Supreme Court denied a receiver's motion to dismiss an appeal from orders fixing his compensation, holding that orders determining receiver compensation are final and appealable even when entered after a final consent decree, and that the debtor-defendant has standing
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The Florida Supreme Court reversed a lower court's dismissal of an equity action seeking to subject property to a judgment lien, holding that despite being labeled a 'trust' in the will, no valid trust was created because the designated trustee (Coons) was given absolute control