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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457 F.2d 1377·
4th Cir.·
1972-03-28
·cited 116×
The court held that while the individual plaintiff's Title VII claim was properly dismissed, the class action for racial discrimination should not have been dismissed and is remanded for further proceedings. The court also affirmed the § 1981 claim for back pay for the period bef
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425 F.2d 853·
2d Cir.·
1970-04-29
·cited 116×
The court held that the district court erred in dismissing the tenants' claims, finding that the Housing Authority's procedures for tenancy termination and assessment of additional rent charges may violate due process. The case is remanded for consideration of preliminary relief
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The court held that a federal court has ancillary jurisdiction to enjoin state court proceedings that seek to relitigate issues already decided in a prior federal judgment, even if the relitigating parties were not parties to the original federal suit, provided their interests we
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The Florida Supreme Court held that courts of equity lack jurisdiction to enjoin or control the conduct of an election, except in limited circumstances where palpable violations of registration or election laws are charged as about to occur prior to the election. The Court issued
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The Florida Supreme Court reversed a lower court decree that had enjoined enforcement of a hotel and apartment zoning classification, holding that courts must defer to municipal zoning decisions under the 'fairly debatable' rule and cannot substitute their judgment for that of lo
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549 F.2d 415·
7th Cir.·
1977-01-11
·cited 113×
The court held that the withholding of federal revenue sharing funds from the City of Chicago was an improper and improvident exercise of equitable discretion.
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The Florida Supreme Court interpreted Section 550.05 of the Florida Statutes to determine whether it prohibits harness horse racing within 100 miles of an existing dog racing facility. The court held that the statute's plain language forbids issuance of a permit for a harness rac
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632 F.2d 788·
9th Cir.·
1980-10-23
·cited 112×
The court held that the Navy's regulations and discharge proceedings for homosexual conduct did not violate constitutional limitations, and that the district court had jurisdiction over nonmonetary claims despite the expiration of enlistment terms.
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486 F.2d 870·
6th Cir.·
1973-10-12
·cited 112×
The court held that the district court erred in denying leave to amend the pleadings to add a claim under 42 U.S.C. § 1981 and in failing to award back pay for the period of Title VII violations, but affirmed the denial of an injunction against the limited bid system.
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The Florida Supreme Court reversed a district court decision that had eliminated equity court jurisdiction to enjoin execution sales absent clear fraud. The court held that material irregularities in execution sale proceedings—such as conducting the sale at an improper location—m
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The Florida Supreme Court determined it had jurisdiction to hear an interlocutory appeal from an order denying a motion for summary judgment and continuing an injunction. The case involves a milk distributor challenging the constitutionality of milk commission statutes under whic
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295 F.2d 772·
5th Cir.·
1961-10-27
·cited 111×
The dissenting judge argues that the district court's denial of a temporary restraining order was not appealable and that the federal government is not immunized from the federal anti-injunction statute.
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286 F.2d 75·
2d Cir.·
1961-01-13
·cited 111×
A union member may seek immediate judicial relief for a violation of procedural rights under the LMRDA if the internal union remedy is uncertain, not clearly communicated, and the injury is immediate and difficult to compensate.
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The Florida Supreme Court upheld an injunction against the City of St. Petersburg, holding that the city must comply with Chapter 4600 (Acts of 1897) when establishing a municipal electric plant, despite claiming exemption under its special charter act of 1913. The court rejected
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354 So. 2d 368·
Fla.·
1977-12-08
·cited 110×
Property owners sought declaratory judgment and injunctive relief to have their unimproved agricultural land reclassified for tax purposes, claiming Florida's statute requiring commercial agricultural use was unconstitutional. The Florida Supreme Court upheld the statute as const
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458 F.2d 255·
3d Cir.·
1972-03-31
·cited 110×
The court held that the Securities Exchange Act of 1934 and Rule 10b-5 were intended to prohibit fraudulent or culpable conduct, not mere negligence or liability without fault.
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This case upholds a non-compete covenant as valid and enforceable under Florida law. Capelouto, a former branch manager for an exterminating company, challenged a two-year non-compete agreement as unconstitutional and unreasonable, but the Florida Supreme Court affirmed the enfor
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The court held that a jury trial is available for legal claims within a patent infringement suit, but exemplary damages and attorney fees are discretionary with the judge. Separate trials for liability and damages are permissible under Rule 42(b).
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643 F.2d 68·
2d Cir.·
1981-02-18
·cited 108×
The court held that the Federal Question Jurisdictional Amendments Act of 1980 mandates reversal and remand, and that mandamus jurisdiction under 28 U.S.C. § 1361 is available to review the Secretary's procedures.
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626 F.2d 633·
9th Cir.·
1980-07-23
·cited 108×
The court held that summary judgment for the SEC on registration violations was proper because the limited partnership interests were securities, unregistered, sold in interstate commerce, and not exempt as a private offering, as the defendant failed to demonstrate disputed mater
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529 F.2d 377·
5th Cir.·
1976-03-25
·cited 108×
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429 F.2d 290·
5th Cir.·
1970-07-13
·cited 108×
The court held that the denial of compensatory and punitive damages was not an error, but remanded for further findings regarding attorney's fees due to lack of specific findings by the trial court.
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140 So. 2d 587·
Fla.·
1962-04-04
·cited 108×
The Florida Supreme Court held that the unauthorized practice of law by a non-lawyer patent attorney violates Florida law and constitutional authority, even when the person is licensed to practice before the U.S. Patent Office. The court enjoined the respondent from holding himse
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225 F.2d 924·
D.C. Cir.·
1955-04-28
·cited 108×
The dissenting judge believes the plaintiffs presented a justiciable controversy and a legal wrong, arguing the court should have proceeded to other jurisdictional issues and the merits.
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The Florida Supreme Court affirmed that the Town of Dunnellon may issue $14,000 in water revenue certificates without voter approval because they are not constitutional 'bonds' requiring freeholder approval when issued solely from net revenues of an existing essential public util
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600 F.2d 1148·
5th Cir.·
1979-08-17
·cited 107×
The court held that while Illinois Brick generally bars indirect purchasers from suing for antitrust damages, an exception exists for 'cost-plus' pricing, and that plaintiffs adequately pleaded claims for injunctive relief. The court also reversed partial summary judgments on fra
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572 F.2d 660·
9th Cir.·
1978-02-01
·cited 107×
The court held that the Secretary's refusal to allocate non-withdrawable power to Santa Clara is unreviewable as it is committed to agency discretion, but the Secretary's arrangement to sell CVP power to PG&E violates the preference clause of the Reclamation Project Act of 1939.
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The court held that Koscot's promotional scheme constituted an investment contract under the federal securities laws, reversing the district court's denial of an injunction.
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863 So. 2d 189·
Fla.·
2003-09-25
·cited 106×
The Florida Supreme Court resolved a conflict between district courts regarding whether claims under the Florida Uniform Fraudulent Transfer Act (FUFTA) must be stayed pending resolution of underlying substantive claims. The Court held that a person with a contingent, unliquidate
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375 F.2d 648·
4th Cir.·
1967-03-09
·cited 106×
The dissenting judge believes the majority opinion should allow for exceptions to room assignment rules when a physician deems it necessary for a patient's recovery due to prejudice.
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Property owners challenged airport zoning regulations imposed under Florida statute authorizing airport zoning boards to restrict building heights near airport runways. The Florida Supreme Court upheld the statute and regulations as a valid exercise of police power, finding the h
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This case concerns the ownership of submerged lands under Lake Jackson in Florida. The court held that Lake Jackson is navigable for public purposes, and therefore its bed is held by the State in trust for the people, not by private owners. The court reversed the lower court's de
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801 F.2d 1080·
9th Cir.·
1986-09-30
·cited 105×
The court held that the district court assumed too much control over prison affairs, requiring modification of the permanent injunction to ensure it is no broader than necessary to remedy constitutional violations.
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634 F.2d 199·
5th Cir.·
1981-01-12
·cited 105×
The court held that shareholders lack standing to sue for corporate injuries, pendent jurisdiction was properly declined, leave to amend was untimely, and claims against the FDIC and United States were correctly dismissed.
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482 F.2d 569·
9th Cir.·
1973-07-10
·cited 105×
An employee's resort to union grievance procedures does not bar a subsequent Title VII action, and claims not initially presented to a state agency may be included in a federal complaint if reasonably related to the original charge.
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The court held that the Civil Rights Act of 1957, as amended, empowers federal district courts to issue mandatory injunctions ordering the registration of voters found to have been discriminatorily denied registration due to race.
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166 F.2d 348·
9th Cir.·
1948-02-18
·cited 105×
The court held that the appellees' use of the name 'Stork Club' and its associated insigne constituted unfair competition and infringement of the appellant's trade name, entitling the appellant to injunctive relief.
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A Volusia County taxpayer sought injunctive relief to prevent the county commissioners from paying $6,000 to a county fair association and from levying taxes under two 1931 legislative acts. The Florida Supreme Court held that Senate Bill No. 911 was unconstitutional as a special
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Telfair Stockton sought an injunction to prevent Duval County Commissioners from issuing bonds to improve the St. Johns River navigation, arguing the statute authorizing such bonds violated the Florida Constitution's requirement that counties only spend money for "county purposes
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670 F.2d 440·
3d Cir.·
1982-02-01
·cited 104×
The court held that 28 U.S.C. § 1292(a)(1) should be construed narrowly, limiting appellate jurisdiction to review only independently appealable orders, not ancillary ones.
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580 F.2d 748·
5th Cir.·
1978-09-20
·cited 104×
The court held that the TDC's prior approval requirement for general correspondence and numerical limitations on mail were unconstitutional, but upheld censorship of general correspondence and struck down the district court's invalidation of rules regarding plans for rule violati
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A Florida taxpayer sought to enjoin collection of personal property taxes for 1932, claiming the assessment roll was invalid due to illegal valuations and omitted property. The Florida Supreme Court affirmed dismissal, holding that while void tax assessments may be enjoined at an
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661 So. 2d 1190·
Fla.·
1995-07-13
·cited 102×
Santa Rosa County sought declaratory relief challenging the constitutionality of growth management statutes and rules that required expenditure of public funds and risked revenue loss for noncompliance. The Florida Supreme Court held that because a settlement agreement resolved t
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891 F.2d 829·
11th Cir.·
1990-01-09
·cited 102×
The court held that the defendants are immune from damages because the law was not clearly established in 1985 that discontinuing psychotropic drugs under the given circumstances amounted to deliberate indifference violating the Eighth Amendment.
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530 F.2d 515·
3d Cir.·
1976-02-11
·cited 102×
The court held that the plaintiffs failed to demonstrate irreparable harm in the record before the district court, warranting reversal of the preliminary injunctions.
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Greyhound kennel owners were incarcerated for civil contempt after refusing to comply with a temporary mandatory injunction requiring them to supply racing greyhounds to a track operator. The Florida Supreme Court upheld the injunction and contempt convictions, holding that a tem
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487 F.2d 986·
2d Cir.·
1973-09-13
·cited 102×
The court denied the petition for rehearing en banc, finding the panel's decision did not present a substantial question of unusual importance warranting such review.
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433 F.2d 611·
5th Cir.·
1970-08-05
·cited 102×
The court adopted the district court's recommendation to retain the modified school desegregation plan, finding it more practical and educationally sound than the original HEW plan.
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The Florida Supreme Court upheld an injunction preventing Miami Beach from enforcing a 1951 zoning amendment that prohibited certain hotel tenant shops. The court affirmed the lower court's decision but on constitutional grounds rather than estoppel, holding that the amended use