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826 So. 2d 330·
Fla. 2d DCA·
2002-04-03
Jack Meyer, a Kansas inmate transferred to Florida to serve his life sentence under the Interstate Corrections Compact, sought habeas corpus relief requesting return to Kansas. The court denied his petition for writ of certiorari, holding that Florida courts lack jurisdiction ove
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186 F. Supp. 2d 1235·
S.D. Fla.·
2002-02-19
The court held that the Attorney General has discretion to detain an alien for six months following a final deportation order, and the petitioner's detention during this period is presumed lawful. The court also found that the conditions of confinement did not violate the Fifth A
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806 So. 2d 625·
Fla. 4th DCA·
2002-02-06
A physician challenged an order denying his motion to stay a fraudulent transfer claim brought under Florida's Uniform Fraudulent Transfer Act until a judgment was obtained on the hospital's underlying damages claim. The court held that no judgment is prerequisite to proceeding u
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800 So. 2d 742·
Fla. 5th DCA·
2001-12-07
The court held that the trial court had subject matter jurisdiction to enter the injunction and properly denied the motion to vacate.
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180 F. Supp. 2d 1321·
S.D. Fla.·
2001-12-04
The court held that the Eleventh Amendment does not bar claims under the Medicaid Act but does bar claims under the Adoption and Safe Families Act due to its detailed remedial scheme. The court also found that Younger abstention did not apply.
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802 So. 2d 397·
Fla. 4th DCA·
2001-11-21
A municipality has the home rule authority to fluoridate its water supply, and such a decision is a reasonable exercise of its police power that does not violate a resident's constitutional right to refuse medical treatment.
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799 So. 2d 348·
Fla. 1st DCA·
2001-11-06
Saltmarsh, Cleveland & Gund and SC & G Consulting appealed the dismissal of their complaint against Jeffrey Pappas and Creel, Bryan & Gallagher for alleged breach of a shareholder and member agreement. The trial court found a non-compete payment provision void as an illegal commi
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805 So. 2d 26·
Fla. 3d DCA·
2001-10-31
Florida appellate court affirmed an injunction closing a resort until it installed a proper sewage treatment system to abate a sanitary nuisance caused by the use of cesspools for human waste disposal.
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114 F. Supp. 294·
M.D. Fla.·
2001-09-26
The court held that the plaintiffs failed to meet the numerosity and commonality requirements for class certification under Rule 23(a) and denied the motion to certify.
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797 So. 2d 607·
Fla. 3d DCA·
2001-09-19
Bay Point Office Tower appeals a denial of injunctive relief challenging a receiver's fees in a receivership proceeding. The appellate court affirmed the trial court's finding that past fees were reasonable but reversed prospectively, requiring the receiver to be compensated on a
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166 F. Supp. 2d 1358·
M.D. Fla.·
2001-09-17
Orange County enacted temporary and permanent ordinances restricting rave clubs' operating hours. When the nightclub operator was criminally charged with violating the ordinance, the federal district court invoked the Younger abstention doctrine and declined to hear the plaintiff
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168 F. Supp. 2d 1338·
M.D. Fla.·
2001-08-17
The court held that the developer's submission and approval of development plans, which included utility easements, constituted a sufficient 'dedication' under the Cable Act to grant a cable company access, even before formal plat recordation.
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786 So. 2d 1252·
Fla. 5th DCA·
2001-06-15
Lennox Retail, Inc. and related corporations appealed the trial court's order dissolving a prejudgment writ of replevin that had been issued to recover documents from former business owners. The appellate court affirmed the dissolution, holding that the writ was erroneously grant
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785 So. 2d 754·
Fla. 5th DCA·
2001-06-01
Florida appellate court reversed an order requiring removal of a barking dog, holding that the trial court must first allow the owners an opportunity to cure the nuisance by keeping the dog indoors before ordering its removal.
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784 So. 2d 541·
Fla. 4th DCA·
2001-05-09
The Florida Fourth District Court of Appeal reversed a jury verdict awarding over $22 million in damages to two physicians whose medical staff privileges were terminated by a hospital and university, finding that the trial court abused its discretion by excluding evidence that wo
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146 F. Supp. 2d 1334·
S.D. Fla.·
2001-05-02
The court held that the Americans with Disabilities Act permits modifications to emergency alarm placement in medical facilities to align with standard healthcare alarm design practices, prioritizing patient safety and procedural integrity.
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139 F. Supp. 2d 1349·
N.D. Fla.·
2001-04-10
The court held that the plaintiffs failed to demonstrate a substantial likelihood of success on the merits, primarily due to lack of standing and ripeness, and that the Navy's interpretation of the study 'initiation' date was permissible.
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776 So. 2d 324·
Fla. 1st DCA·
2001-01-10
An inmate member of the Hare Krishna sect appeals the dismissal of his § 1983 complaint alleging prison officials violated his First Amendment rights by denying him a vegetarian diet and religious beads. The court reversed the dismissal of claims for injunctive relief against one
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772 So. 2d 558·
Fla. 5th DCA·
2000-10-13
The court held that the destruction of personal property during demolition of unsafe structures, absent evidence of wrongful action or a taking, does not constitute inverse condemnation.
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769 So. 2d 1012·
Fla.·
2000-09-21
The Florida Supreme Court answered two certified questions from the Eleventh Circuit regarding whether a county board can approve a lease-purchase agreement without formal resolution and whether a nonsubstitution clause violates the Florida Constitution's referendum requirements.
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766 So. 2d 1216·
Fla. 4th DCA·
2000-09-20
The Fourth District Court of Appeal reversed a trial court order that required the Supervisor of Elections to place Joy Mack on the ballot for Broward County Commissioner without meeting statutory signature requirements. The court held that candidates using the alternative petiti
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Del.·
2000-09-18
The Court affirmed the judgment of the Court of Chancery, holding that the holder of a right of first refusal failed to effectively exercise its right. The Court found that while the holder was not required to match extraneous terms in a third-party offer, it was obligated to mat
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M.D. Fla.·
2000-07-17
The court held that the plaintiff's claim for permanent injunctive relief was moot because the Forest Service adopted a new policy that complied with the preliminary injunction, and there was no reasonable expectation the violation would recur.
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106 F. Supp. 2d 1309·
S.D. Fla.·
2000-07-11
The court held that the plaintiff's websites and player agreements violated the NFLPA's exclusive group licensing rights, and that the websites constituted a 'product' under the licensing agreement.
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766 So. 2d 1080·
Fla. 3d DCA·
2000-07-05
Kern appealed the denial of his rezoning request and filed a declaratory action challenging the constitutionality of Miami-Dade County's zoning statute on equal protection grounds. The trial court granted summary judgment for the county, finding Kern lacked standing because his r
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757 So. 2d 1290·
Fla. 4th DCA·
2000-05-31
The court held that the plaintiff was not entitled to an injunction under either the repealed or current statute governing noncompetition agreements.
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98 F. Supp. 2d 1366·
S.D. Fla.·
2000-05-30
Claims brought under 42 U.S.C. § 1983 are dismissed because they would necessarily imply the invalidity of the plaintiff's convictions, which have not been overturned. The one claim not barred by Heck fails to state a claim upon which relief can be granted.
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1994 WL 793963·
S.D. Fla.·
2000-05-19
The court granted the plaintiffs' motion for class certification, finding that the proposed class met the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(2).
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779 So. 2d 360·
Fla. 2d DCA·
2000-04-12
A voluntary homeowners' association has standing to enforce deed restrictions when the developer validly assigns that right, but a community development district does not possess such authority under Chapter 190.
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755 So. 2d 173·
Fla. 3d DCA·
2000-03-22
Promotora de Servicios, a Nicaraguan corporation, appealed the dismissal of its trademark infringement and unfair competition complaint against Los Ranchos Restaurant. The Florida appellate court reversed the dismissal and remanded the case for reinstatement of the complaint, app
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977 F. Supp. 2d 621·
M.D. Fla.·
2000-02-17
Class certification is denied because the plaintiffs failed to satisfy the prerequisites of Rule 23(a), specifically commonality and typicality, due to the distinct nature of the operations and the varied individual circumstances of the claims.
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749 So. 2d 564·
Fla. 3d DCA·
2000-01-19
A landlord and Dunkin' Donuts appealed from a temporary injunction that prevented them from leasing space to Dunkin' Donuts in a shopping center. The court reversed, holding that the exclusivity clause limiting tenants whose "main business purpose" is bagels or who function as a
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746 So. 2d 1198·
Fla. 4th DCA·
1999-12-15
Baldwin Sod Farms appeals an eviction order, arguing the circuit court lacked subject matter jurisdiction, wrongfully denied its jury trial demand, and failed to properly serve notice under the lease terms. The court affirmed jurisdiction but reversed on the jury trial issue, hol
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743 So. 2d 129·
Fla. 3d DCA·
1999-09-29
The Chamblesses sued their homeowners' association, claiming its decision to create a special taxing district to fund a guardhouse breached the association's charter duty to protect members' property values. The court affirmed summary judgment for the association, holding that th
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127 F. Supp. 2d 1348·
S.D. Fla.·
1999-09-28
The court held that while a town can regulate the use of its public rights-of-way, federal and state law preempts most other aspects of its telecommunications ordinance, particularly regarding fees and qualifications.
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741 So. 2d 1177·
Fla. 3d DCA·
1999-09-13
Herbert Rose challenged the appointment of two directors to his condominium association's board who lacked valid record title, seeking declaratory relief. The trial court dismissed the count as moot after the directors' terms ended, but also made a declaration in Rose's favor and
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71 F. Supp. 2d 1251·
S.D. Fla.·
1999-08-20
The court granted the motion to remand because the defendants failed to identify a federal statute that preempts the plaintiffs' state law claims, thus no federal question jurisdiction exists.
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737 So. 2d 659·
Fla. 5th DCA·
1999-08-13
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55 F. Supp. 2d 1336·
M.D. Fla.·
1999-06-30
The court held that the agency violated its orders by implementing new regulations that altered the status quo and circumvented judicial review.
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737 So. 2d 563·
Fla. 3d DCA·
1999-06-09
Water's Edge House, a member of Bal Harbour Club, sought to share in proceeds from the Club's property sale. The trial court found Water's Edge had forfeited membership by failing to pay dues. The appellate court reversed, holding that the Club failed to follow its own Articles o
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732 So. 2d 1206·
Fla. 2d DCA·
1999-05-19
Grandchildren of a decedent challenge a probate court order approving a settlement agreement that reformed the decedent's irrevocable inter vivos trust and enjoined them from suing the trustee and insurance company. The appellate court reversed, finding no clear and convincing pr
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729 So. 2d 545·
Fla. 1st DCA·
1999-04-20
The court granted certiorari and quashed the circuit court's order denying review, holding that a landowner challenging a development order on zoning grounds rather than comprehensive plan inconsistency is entitled to certiorari review, not limited to injunctive relief under sect
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728 So. 2d 376·
Fla. 5th DCA·
1999-04-01
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816 So. 2d 648·
Fla. 1st DCA·
1999-03-09
The Florida Department of Lottery and Automated Wagering International (AWI) appeal a trial court judgment voiding a contract for lottery system services. The court held that the Lottery violated Chapter 287's competitive procurement requirements by using the RFP process merely t
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967 F. Supp. 2d 955·
S.D. Fla.·
1999-02-24
The court held that the plaintiffs met the requirements for class certification under Federal Rules of Civil Procedure 23(a) and 23(b)(2) for their challenge to the INS's district-wide practices regarding medical waivers for naturalization.
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726 So. 2d 322·
Fla. 3d DCA·
1999-01-13
The court held that the judiciary cannot order the Department of Children and Family Services to provide specific monetary housing assistance or services, as this would violate the separation of powers and is limited by available resources.
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720 So. 2d 1161·
Fla. 3d DCA·
1998-11-19
The court held that the hospital bylaws required a hearing before terminating a physician's staff privileges, and the trial court erred in dissolving the temporary injunction that restored those privileges.
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958 F. Supp. 2d 738·
S.D. Fla.·
1998-11-10
The court held that the plaintiff satisfied the requirements for class certification under Federal Rule of Civil Procedure 23(a) and 23(b)(3), finding common questions of law and fact predominated.
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718 So. 2d 957·
Fla. 5th DCA·
1998-10-16
The appellate court denied the petition for certiorari, finding no miscarriage of justice in the trial court's order compelling production of documents.
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N.D. Fla.·
1998-09-30
The court held that while the Department considered race as a motivating factor in promotion decisions, violating Title VII and § 1983, the plaintiff would not have been promoted even without discrimination, thus barring her § 1983 claim but allowing limited Title VII relief.