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643 So. 2d 28·
Fla. 4th DCA·
1994-09-09
The court held that the radio tower violated a restrictive covenant, but the injunction prohibiting all radio transmissions was overly broad.
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642 So. 2d 44·
Fla. 5th DCA·
1994-08-19
Citrus County sought review of a Public Employees' Relations Commission (PERC) order staying impasse proceedings pending resolution of an unfair labor practice charge filed by a paramedics union. The court held that while PERC's statutory authority to issue such stays without fol
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641 So. 2d 470·
Fla. 3d DCA·
1994-08-17
Casa Del Mar Condominium Association appealed the dismissal of its complaint seeking an injunction against a unit owner for physical violence and threats directed at the association president. The court reversed, holding that the association has statutory standing to bring an act
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647 So. 2d 190·
Fla. 1st DCA·
1994-07-19
A circuit court cannot enjoin an order from another circuit court; the proper venue for challenging the replevin order was the issuing court or its appellate court.
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639 So. 2d 167·
Fla. 3d DCA·
1994-07-05
Jacqueline Dozier challenged the constitutionality of Miami Ordinance 10246, which prohibits live-aboard vessels on the Little River Canal and residential sections of the Miami River. The court affirmed the trial court's judgment upholding the ordinance as constitutional both on
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872 F. Supp. 931·
N.D. Fla.·
1994-07-01
Florida Statute § 287.088 is preempted by ERISA because it relates to employee benefit plans and is not saved by the insurance exception.
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636 So. 2d 843·
Fla. 5th DCA·
1994-05-06
Ocean Landings appeals a trial court's order on remand requiring it to deposit funds collected after contract cancellation into the court registry. The appellate court affirms, finding the trial court properly followed the appellate court's earlier dissolution of the original inj
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846 F. Supp. 993·
S.D. Fla.·
1994-03-09
The court held that the Anti-Injunction Act barred the suit because the plaintiff's request for a tax registration certificate was an attempt to restrain the collection of taxes, and the plaintiff failed to meet the criteria for the sole judicial exception to the Act.
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629 So. 2d 1103·
Fla. 4th DCA·
1994-01-19
A cooperative association cannot foreclose on a unit for unpaid attorney's fees incurred due to a rule violation, as neither the bylaws nor the relevant statute authorize such a lien.
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5 F.3d 1413·
11th Cir.·
1993-11-01
The court reversed the habitual felony offender sentences because the trial court was not authorized to both enhance sentences as a habitual offender and make each enhanced sentence consecutive without specific legislative authorization.
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159 B.R. 332·
M.D. Fla.·
1993-09-24
The court held that segregated accounts, titled in the debtor's name and funded by the debtor, remained property of the bankruptcy estate despite a consent decree requiring court supervision for withdrawals, and that the Eleventh Amendment did not bar the action seeking declarato
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623 So. 2d 861·
Fla. 4th DCA·
1993-09-15
The court reversed a temporary injunction against a former employee for violating a non-competition clause because the enforceability of the contract was questionable due to the employee's minority when executed and unresolved ratification issues.
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622 So. 2d 146·
Fla. 3d DCA·
1993-08-10
HealthSouth Doctors' Hospital and the City of Coral Gables appealed a trial court judgment invalidating City Ordinance Number 2763, which permitted construction of a medical office building and parking garage. The appellate court affirmed the invalidity finding, holding that the
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999 F.2d 989·
6th Cir.·
1993-07-26
The dissenting judge believes the deeds at issue do not grant the right to strip mine, as they lack clear language demonstrating intent to waive subjacent support or permit surface destruction.
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998 F.2d 1405·
7th Cir.·
1993-07-20
The prisoner's claim for injunctive relief is not moot because the challenged action is capable of repetition yet evading review. However, the claim fails on the merits because the prisoner did not challenge the asserted legitimate penological purpose of the action.
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999 F.2d 403·
9th Cir.·
1993-07-15
The court held that the villages' claims regarding lease Sale 57 are moot, and their objections to potential future government activity are unripe, thus there is no case or controversy for federal jurisdiction.
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999 F.2d 1·
1st Cir.·
1993-07-15
The court held that the district court did not err in issuing an injunction requiring the use of manufacturer logos with the infringing mark but denying monetary damages, as the evidence did not support actual damages or bad faith.
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998 F.2d 867·
10th Cir.·
1993-07-12
The court held that summary judgment was appropriate because the plaintiffs' evidence of a municipal custom or policy was insufficient to create a genuine issue of material fact.
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995 F.2d 595·
5th Cir.·
1993-07-07
The district court lacked jurisdiction to grant injunctive relief against state court judicial officers for actions taken in their judicial capacity, as this constituted a prohibited collateral attack on state court judgments.
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998 F.2d 824·
10th Cir.·
1993-07-07
The court held that the Colorado State Board of Agriculture violated Title IX by discontinuing the women's softball team and that the district court did not err in ordering reinstatement and specific remedial actions.
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999 F.2d 719·
3d Cir.·
1993-06-25
The court held that discharging fill material into wetlands constitutes a violation of the Clean Water Act, and the Corps of Engineers' regulation extending permit requirements to adjacent wetlands is a reasonable interpretation of the statute.
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996 F.2d 1384·
2d Cir.·
1993-06-17
The court held that the state's implementation of a Medicaid co-payment scheme, including its notices and procedures for identifying exemptions and inability to pay, was lawful and did not violate federal law or due process rights.
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622 So. 2d 481·
Fla. 3d DCA·
1993-06-15
The court held that the Meltons' dock was not an accessory use permitted as of right and affirmed the trial court's decision ordering its removal.
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995 F.2d 378·
2d Cir.·
1993-06-11
The court held that the district court erred by focusing on the purchaser's bona fide status without first determining the validity of the Mexican seizure and sale of the engines.
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995 F.2d 510·
4th Cir.·
1993-06-09
Plaintiffs lack standing to seek a declaratory judgment regarding past wage approvals because the grower, Fairview Orchards, would not be bound by the judgment, rendering any opinion advisory. Plaintiffs also lack standing to challenge future applications of the methodology as th
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996 F.2d 164·
7th Cir.·
1993-06-08
The court held that the plaintiff failed to demonstrate a denial of either a property or liberty interest, thus affirming the magistrate's decision granting summary judgment for the defendants.
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995 F.2d 1469·
9th Cir.·
1993-06-08
The court held that while the plaintiff cannot obtain relief based on an unconstitutional search if it was not pursuant to official policy, he may still be entitled to equitable relief based on a due process violation related to his termination hearing.
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994 F.2d 1271·
7th Cir.·
1993-06-01
The court held that the district court correctly applied the traditional equity standard for issuing an injunction under Section 10(l) of the National Labor Relations Act, finding reasonable cause to believe the Union engaged in an illegal secondary boycott.
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994 F.2d 486·
8th Cir.·
1993-06-01
Collateral estoppel does not preclude the current federal action because the issues litigated in the prior state court case (SDDS III) concerning the Initiated Measure are not identical to the issues presented in the current case concerning the Referendum.
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S.D. Fla.·
1993-05-28
The court held that Younger abstention doctrine requires dismissal of declaratory and injunctive relief claims and a stay of damages claims in a federal civil rights action when a state criminal prosecution is pending.
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994 F.2d 1027·
3d Cir.·
1993-05-13
The District Court erred in its jurisdictional analysis but correctly dismissed the petitions on other grounds; however, its sua sponte order enjoining the plaintiff from filing further actions was an abuse of discretion and is vacated.
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992 F.2d 183·
8th Cir.·
1993-04-30
The court held that it lacked jurisdiction to hear the appeal because the district court's order was not final and no injunction had been entered.
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992 F.2d 1061·
10th Cir.·
1993-04-28
The court held that the United States has standing to appeal and that the district court erred in finding the public use of the roadway was permissive, reversing and remanding for an evidentiary hearing.
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992 F.2d 601·
6th Cir.·
1993-04-22
The court held that the district court did not abuse its discretion in denying discovery and appointment of counsel, but erred in granting summary judgment on claims related to two specific letters, as a genuine issue of material fact existed regarding arbitrary or capricious con
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988 F.2d 607·
5th Cir.·
1993-04-20
The court held that the district court had jurisdiction over the duty of fair representation claim, that the Greenbaum Award was inconsistent with the Morris Award, and that attorney's fees were not recoverable.
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616 So. 2d 1165·
Fla. 2d DCA·
1993-04-16
A Florida county ordinance requiring candidates for elected county office to be residents for two years before qualifying was struck down as violating the equal protection clause. The court held that the two-year durational residency requirement was unreasonable and not necessary
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990 F.2d 375·
8th Cir.·
1993-04-01
The court held that the informal hearing procedure used by the USDA was permissible and that the stockyard operator had sufficient notice and opportunity to correct violations before the SASS suspension was initiated.
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989 F.2d 929·
7th Cir.·
1993-03-24
The court held that the bankruptcy court's dismissal of claims against L & S Industries did not preclude the Stefans from asserting those claims in state court because there was no privity between them and the bankruptcy trustee. The court also affirmed the bankruptcy court's dec
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616 So. 2d 114·
Fla. 2d DCA·
1993-03-24
The Florida District Court of Appeal reversed a county court's dismissal of charges under Florida's "disturbing a religious assembly" statute (§ 871.01), holding that the statute is not facially unconstitutional or unconstitutionally vague despite a church schism and police prese
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615 So. 2d 824·
Fla. 4th DCA·
1993-03-17
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615 So. 2d 258·
Fla. 3d DCA·
1993-03-09
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987 F.2d 376·
6th Cir.·
1993-03-05
The Tax Injunction Act does not bar ERISA challenges to state taxes in federal court when state courts lack jurisdiction over ERISA claims, and ERISA does not abrogate states' Eleventh Amendment immunity. Claims for prospective injunctive and declaratory relief against state offi
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989 F.2d 299·
9th Cir.·
1993-02-24
The court held that using the old district for a special election was permissible under California law and did not violate the Voting Rights Act or the California Constitution, and affirmed the denial of a preliminary injunction.
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986 F.2d 372·
10th Cir.·
1993-02-17
The court held that federal regulations requiring Office of Thrift Supervision (OTS) approval for a state-chartered savings association's conversion to a state-chartered bank are a permissible construction of FIRREA and preempt conflicting state law.
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986 F.2d 1055·
7th Cir.·
1993-02-16
A newsstand is a structure, not speech, and thus not protected by the First Amendment. Therefore, a facial challenge to the ordinance is not permitted.
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983 F.2d 49·
5th Cir.·
1993-02-15
The court held that the district court did not abuse its discretion in denying a Rule 41(e) motion for the return of a helicopter seized by the government, as forfeiture proceedings provided an adequate legal remedy.
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613 So. 2d 134·
Fla. 4th DCA·
1993-02-03
The trustee in bankruptcy for Musicians Exchange Downtown Cafe, Inc. appealed the trial court's denial of motions to continue the plaintiff's lawsuit and to substitute itself as party plaintiff, as well as the court's grant of the defendant's motion to amend the case caption. The
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984 F.2d 97·
3d Cir.·
1993-01-22
The Virgin Islands Board of Education, not the Department of Education, has the statutory authority to set the school calendar, due to its broader policy-making powers granted by the legislature.
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982 F.2d 1400·
9th Cir.·
1993-01-14
The court affirmed the district court's denial of an accounting of profits and damages, finding no abuse of discretion, and denied Bic's cross-appeal.
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980 F.2d 1043·
5th Cir.·
1993-01-13
The court held that the residents failed to state a claim under 42 U.S.C. § 1983 and are not entitled to judicial review under the Administrative Procedure Act, thus reversing the district court's grant of permanent injunctive relief.