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291 So. 2d 40·
Fla. 3d DCA·
1974-02-12
·cited 5×
The Florida District Court of Appeal, Third District, addressed whether a city zoning ordinance requiring 20% owner consent for variance applications was unconstitutional. The court held that while such provisions can be valid, they are unconscionable and inapplicable when the pr
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492 F.2d 1180·
9th Cir.·
1974-02-06
·cited 5×
The court held that former inmates lack standing to sue for injunctive relief regarding jail conditions if they are not currently incarcerated and do not allege a continuing, present adverse effect.
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488 F.2d 855·
5th Cir.·
1974-01-25
·cited 5×
The court held that the golf club's discriminatory practices violated Title II of the Civil Rights Act and that the lower court erred in denying injunctive relief and attorneys' fees.
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482 F.2d 780·
D.C. Cir.·
1973-07-26
·cited 5×
The court vacated the district court's judgment and remanded the case because a subsequent peace agreement in Vietnam may have mooted or significantly altered the controversy, necessitating a reappraisal of the issues on an updated factual record.
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442 F.2d 250·
8th Cir.·
1971-01-18
·cited 5×
The court held that due to changed circumstances, no temporary relief is required, and the appeal concerning the injunction pending appeal is moot.
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429 F.2d 269·
5th Cir.·
1970-07-02
·cited 5×
The court held that the plaintiffs failed to demonstrate a substantial constitutional question warranting a three-judge court, and the statutes, as applied, did not show purposeful discrimination.
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403 F.2d 862·
4th Cir.·
1968-10-29
·cited 5×
A federal court cannot enjoin a state referendum procedure that allows the electorate to approve or reject a state legislative act, as this process itself does not violate federal constitutional rights.
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212 So. 2d 785·
Fla. 1st DCA·
1968-07-23
·cited 5×
The court held that a complaint seeking a declaratory judgment regarding the validity of a city ordinance sufficiently stated a cause of action and should not have been dismissed.
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196 So. 2d 16·
Fla. 1st DCA·
1967-03-07
·cited 5×
Lane Line, Inc. challenged the City of Jacksonville's denial of its rezoning application, seeking to convert residential-zoned property to business zoning. The court upheld the city's decision, finding the zoning denial was within the city's discretion and had a rational basis in
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167 So. 2d 875·
Fla. 2d DCA·
1964-09-11
·cited 5×
Rinker Materials Corporation appealed a trial court's denial of injunctive relief to enforce a ten-year covenant not to compete against the sellers of a concrete products business. The appellate court reversed, holding that the covenant was reasonable and enforceable under Florid
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166 So. 2d 899·
Fla. 3d DCA·
1964-07-07
·cited 5×
The court held that the coordinated arrangement of trip-leasing vehicles and trip-employing drivers constitutes transportation for compensation, subject to statutory regulation.
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321 F.2d 558·
6th Cir.·
1963-08-21
·cited 5×
The court held that the district court abused its discretion by denying an injunction for Fair Labor Standards Act violations, as the violations were clear and future compliance was not assured.
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151 So. 2d 37·
Fla. 1st DCA·
1963-03-12
·cited 5×
This case involves a dispute over the Volusia County Board of Commissioners' rejection of a petition to relocate the county seat. The court granted mandamus relief to require the Board to properly reconsider the petition according to statutory requirements and enjoined constructi
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314 F.2d 850·
3d Cir.·
1963-03-11
·cited 5×
The court held that appeals lacking final orders must be dismissed for want of jurisdiction, and that a judgment must be vacated and remanded if the record lacks clarity on essential jurisdictional facts.
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143 So. 2d 352·
Fla. 2d DCA·
1962-07-25
·cited 5×
The court held that defendants' gratuitous disposal of their own garbage, along with their tenants' garbage, did not constitute unlawful competition or infringement of the plaintiff's exclusive franchise.
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143 So. 2d 879·
Fla. 2d DCA·
1962-07-25
·cited 5×
The City of Fort Pierce sought to fluoridate its municipal water supply to reduce dental caries in children. John Altenhoff sought an injunction claiming the city lacked authority to fluoridate, arguing it constituted unauthorized mass medication and violated constitutional prote
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127 So. 2d 905·
Fla. 1st DCA·
1961-03-07
·cited 5×
This case involves a challenge to a city's annexation ordinance. The appellate court dismissed the appeal as moot because the ordinance was enacted after the lawsuit was filed and the injunction was sought, rendering the requested relief ineffective.
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121 So. 2d 41·
Fla. 3d DCA·
1960-06-02
·cited 5×
The appellate court affirmed a lower court's decision invalidating a zoning variance ordinance and enjoining the city from issuing building permits for non-residential purposes. The court found no reversible error and relied on a prior ruling.
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277 F.2d 919·
5th Cir.·
1960-05-02
·cited 5×
The court held that the district court did not abuse its discretion in vacating the default judgment because the defendants showed a good defense and there were no intervening equities that would prevent relief.
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172 F.2d 970·
8th Cir.·
1949-03-07
·cited 5×
The court held that the plaintiff's claims constituted a labor dispute, not a violation of the Sherman Act, and thus federal courts lacked jurisdiction to enjoin the union's activities under the Norris-LaGuardia Act.
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163 F.2d 241·
3d Cir.·
1947-08-11
·cited 5×
The petition for leave to file a bill of review is denied because the proposed evidence lacks probative value, defendants failed to act with due diligence, and the evidence does not meet the criteria for a bill of review.
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605 U.S. 335·
U.S.·
2025-06-12
·cited 4×
The Supreme Court held that schoolchildren bringing ADA and Rehabilitation Act claims related to their education are not required to satisfy a heightened "bad faith or gross misjudgment" standard, but instead are subject to the same legal standards that apply in other disability
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605 U.S. 422·
U.S.·
2025-06-12
·cited 4×
The Supreme Court held that the Tax Court lacks jurisdiction under 26 U.S.C. § 6330 to review disputes over tax liability when the IRS is no longer pursuing a levy, even if the taxpayer contests the underlying tax debt. Jennifer Zuch's appeal became moot for Tax Court purposes on
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373 So. 3d 675·
Fla. 5th DCA·
2023-11-13
·cited 4×
The forum selection clause in the employment agreement was mandatory and unambiguous, requiring all litigation arising out of or relating to the agreement to be brought in Delaware courts. Mulberry was therefore required to file his suit in Delaware, not Florida.
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344 So. 3d 535·
Fla. 3d DCA·
2022-06-29
·cited 4×
A purchase option clause in a condominium declaration is an unreasonable restraint on alienation and therefore unenforceable when it imposes a fixed price with indefinite duration, as such terms constrain the development and marketability of the property.
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319 So. 3d 690·
Fla. 3d DCA·
2022-02-09
·cited 4×
Brian Giller appeals an omnibus order in trust litigation adjudicating motions filed by his adult children, Jason and Jamie Giller. The Third District Court of Appeal dismissed portions of the appeal as nonfinal and nonappealable, dismissed as moot the restraining order against G
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330 So. 3d 582·
Fla. 2d DCA·
2021-11-10
·cited 4×
The appellate court reversed a summary judgment, finding that res judicata did not bar Crescent Shore's 2018 lawsuit against Lani Kai. The court determined that the 2018 claims involved different facts and a different time period than the 2000 lawsuit, thus constituting a new cau
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327 So. 3d 872·
Fla. 3d DCA·
2021-09-01
·cited 4×
Violation of an enforceable restrictive covenant creates a statutory presumption of irreparable injury; when a party presents unrebutted evidence of such violation, a trial court abuses its discretion in denying a temporary injunction based on the availability of monetary damages
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293 So. 3d 1076·
Fla. 2d DCA·
2020-04-03
·cited 4×
The appellate court reversed a trial court's dismissal of a fifth amended complaint with prejudice. The court found that the trial court's stated reasons for dismissal were insufficient and that the complaint, despite being amended multiple times, stated a cause of action.
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282 So. 3d 979·
Fla. 2d DCA·
2019-10-25
·cited 4×
The Chapmans sued the Town of Redington Beach and their neighbor Douglas Backman alleging that Backman's property improvements violated Town zoning ordinances and caused special damages to the Chapmans' property. The trial court granted summary judgment in favor of both defendant
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268 So. 3d 668·
Fla.·
2019-04-18
·cited 4×
The Florida Supreme Court upheld the invalidation of an Orange County charter amendment that would have made elections for county constitutional officers nonpartisan. The Court held that the Florida Election Code expressly preempts county regulation of elections and that the ordi
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260 So. 3d 429·
Fla. 3d DCA·
2018-11-29
·cited 4×
A seller cannot rely on its own failure to cure a title defect as grounds to terminate a real estate contract or avoid specific performance. A seller's obligation to exercise reasonable diligent efforts to cure title defects is a condition precedent that the seller cannot use to
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259 So. 3d 893·
Fla. 3d DCA·
2018-08-15
·cited 4×
An injunction requiring deposit of funds into the court registry is proper where the funds are clearly identifiable, were never the property of the enjoined party, belong to either the plaintiff or a third party, and were intended for a specific purpose in a foreclosure action. T
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230 So. 3d 639·
Fla. 5th DCA·
2017-12-08
·cited 4×
Orange County challenged a trial court judgment striking down a charter amendment that would have made elections for county constitutional officers nonpartisan. The court affirmed, holding that the Legislature has preempted regulation of election methods for these officers under
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231 So. 3d 566·
Fla. 1st DCA·
2017-10-11
·cited 4×
Beach Club Towers Homeowners Association appeals a summary judgment requiring its condominium unit owners to pay ad valorem property taxes on the underlying land, arguing they are not equitable owners of the land. The Florida First District Court of Appeal reverses, holding that
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225 So. 3d 989·
Fla. 3d DCA·
2017-09-06
·cited 4×
Miami Beverly LLC and related entities appealed a final monetary judgment of over $3.1 million awarded to the City of Miami for code enforcement violations. The appellants challenged the judgment as void, arguing the damages were unliquidated and required an evidentiary hearing,
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219 So. 3d 869·
Fla. 4th DCA·
2017-05-31
·cited 4×
Dr. Desai, a pathologist denied reappointment by a hospital's board of trustees, sued for injunctive relief and specific performance without first exhausting the hospital's administrative review procedures. The court affirmed dismissal for failure to exhaust administrative remedi
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223 So. 3d 334·
Fla. 2d DCA·
2017-05-31
·cited 4×
Collier HMA sought to enforce a restrictive covenant against Dr. Menichello, but the circuit court granted summary judgment in the doctor's favor, finding that Collier HMA was a successor employer that lacked standing to enforce the covenant absent express authorization in the em
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219 So. 3d 259·
Fla. 5th DCA·
2017-05-19
·cited 4×
Susan Martinez appeals a summary judgment dismissing her stepson Isaac as a respondent in her dissolution of marriage action. She alleged that Isaac, in concert with her husband Jared, participated in dissipating and concealing marital assets through corporate entities and fraudu
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202 So. 3d 893·
Fla. 3d DCA·
2016-09-28
·cited 4×
Anderson appealed the dismissal of her claims against Epstein and a trust on statute of limitations grounds. The Third District Court of Appeal reversed the dismissal as to Epstein, holding that the amended claims relate back to the original 2009 complaint under Florida Rule of C
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193 So. 3d 977·
Fla. 4th DCA·
2016-05-11
·cited 4×
The court held that the trial court erred in granting summary judgment because a fair reading of the complaint indicated the homeowners were on notice of a violation, and the mere act of pressure cleaning did not necessarily cure the staining problem.
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197 So. 3d 580·
Fla. 3d DCA·
2016-05-11
·cited 4×
The City of Miami sought a writ of mandamus to compel a trial court to rule on its motion to intervene in litigation between the Village of Key Biscayne and Miami-Dade County. The court denied the petition, holding that chapter 164 of the Florida Statutes vests sole discretion in
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181 So. 3d 1229·
Fla. 5th DCA·
2015-12-18
·cited 4×
Brevard County sought a writ of prohibition to prevent a trial court from proceeding with breach of implied contract, quantum meruit, and unjust enrichment claims. The appellate court granted the petition, finding that the County retained sovereign immunity because no express wri
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170 So. 3d 873·
Fla. 1st DCA·
2015-07-21
·cited 4×
Emma Weaver challenged 2013 amendments to Florida's medical malpractice presuit notice statutes that authorize ex parte interviews between defendants and treating physicians and require claimants to sign waivers authorizing release of protected health information. The court affir
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174 So. 3d 386·
Fla. 1st DCA·
2015-06-22
·cited 4×
The Bennetts challenged Walton County's enforcement of a zoning ordinance prohibiting non-residential uses in a Residential Preservation Area after the County cited them for operating a wedding venue business on their residential property. The appellate court affirmed summary jud
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162 So. 3d 229·
Fla. 2d DCA·
2015-02-20
·cited 4×
The court held that the trial court correctly concluded that the matters sought to be arbitrated were beyond the scope of the parties' arbitration agreements.
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134 So. 3d 1073·
Fla. 4th DCA·
2014-01-08
·cited 4×
Palm Beach Polo Holdings, an insured property owner, appealed two final judgments entered in favor of its title insurer, Stewart Title Guaranty Company, challenging the insurer's entitlement to reimbursement of attorneys' fees incurred defending the insured in an underlying prope
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117 So. 3d 811·
Fla. 4th DCA·
2013-06-26
·cited 4×
The Fourth District Court of Appeal reversed a trial court's denial of temporary reinstatement under Florida's Whistle-blower's Act, holding that the trial court improperly required the plaintiff to meet the evidentiary standards for injunctive relief rather than the specific sta
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114 So. 3d 215·
Fla. 5th DCA·
2012-11-09
·cited 4×
Highway 46 Holdings and two of its members, the Myerses, appealed from an order refusing to dissolve a temporary injunction that had been entered after notice and hearing. The court affirmed the injunction's continuation but reversed the trial court's decision to forgo requiring
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88 So. 3d 296·
Fla. 4th DCA·
2012-04-18
·cited 4×
Appellants challenged the validity of a city ordinance amending a development order by filing both a certiorari petition and a separate complaint for declaratory judgment and injunctive relief. The court affirmed summary judgment for the city, holding that res judicata barred the