Justiciable Controversy

487 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Indus. Workers OF the World v. Ramsey Clark
  385 F.2d 687· D.C. Cir.· 1967-09-26 ·cited 14×
  The court held that the appellants' claim should not be remanded for further proceedings.
• Goodrich-Gulf Chems., Inc. v. Phillips Petroleum Co.
  376 F.2d 1015· 6th Cir.· 1967-04-28 ·cited 14×
  The court held that the plaintiff's complaint failed to allege facts sufficient to establish an actual controversy under the Declaratory Judgment Act, as the patent had been issued and extricated from the interference proceeding.
• Nat'l van Lines, Inc. v. United States & Interstate Commerce Comm'n
  326 F.2d 362· 7th Cir.· 1964-01-06 ·cited 14×
  The court held that the district court erred in dismissing the complaint, finding the ICC's order was a final, reviewable order because it determined rights and obligations with legal consequences, despite being declaratory in nature.
• Duba v. Hilmer Schuetzle
  303 F.2d 570· 8th Cir.· 1962-05-23 ·cited 14×
  Federal courts lack jurisdiction to adjudicate disputes arising from the internal administration of executive branch agencies, such as the relocation of an agricultural program office.
• Greene v. McELROY
  254 F.2d 944· D.C. Cir.· 1958-04-17 ·cited 14×
  The court held that the revocation of a security clearance for an employee of a defense contractor does not present a justiciable controversy, as the executive branch has broad authority to protect national security information.
• OIL Workers Int'l Union v. Texoma Natural Gas Co.
  146 F.2d 62· 5th Cir.· 1944-12-03 ·cited 14×
  The court held that the contract remained in effect and that the National War Labor Board's jurisdiction did not preclude a declaratory judgment action.
• Tampa Chiropractic Ctr., Inc. v. State Farm Mut. Auto. Ins. Co.
  141 So. 3d 1256· Fla. 5th DCA· 2014-07-11 ·cited 13×
  Tampa Chiropractic appealed a summary judgment dismissing its declaratory judgment counterclaim against State Farm for requesting documents beyond the scope of Florida's PIP statute. The appellate court reversed, holding that State Farm's payment of the disputed claims after the
• Angelo's Aggregate Materials, Ltd. v. Pasco Cnty.
  118 So. 3d 971· Fla. 2d DCA· 2013-08-14 ·cited 13×
  Angelo's Aggregate Materials appealed the dismissal of its declaratory judgment action seeking a declaration of vested rights under prior land use regulations. The court reversed, holding that a county ordinance requiring exhaustion of administrative remedies does not apply to de
• Nedeau v. Gallagher
  851 So. 2d 214· Fla. 1st DCA· 2003-06-30 ·cited 13×
  The court held that the appellants lacked standing to challenge administrative fees assessed under a deferred compensation plan because their interest was too conjectural and not legally cognizable.
• Wendy's Int'l, Inc. v. The City OF Birmingham
  868 F.2d 433· 11th Cir.· 1989-03-24 ·cited 13×
  The court held that the landowners' suit did not present a justiciable controversy because no actual taking of property or palpable threat of condemnation had occurred, making the dispute too speculative for federal court jurisdiction.
• Mustafa Nasir Saleem v. Evans
  866 F.2d 1313· 11th Cir.· 1989-02-27 ·cited 13×
• Godheim v. City OF Tampa
  426 So. 2d 1084· Fla. 2d DCA· 1983-01-28 ·cited 13×
  A Tampa taxpayer challenged the city's contract award to Waste Management for a solid waste facility, alleging violations of competitive bidding requirements, state consulting acts, and the Sunshine Law. The court affirmed dismissal, holding that the taxpayer lacked standing to s
• Armour & Co. v. Ball
  468 F.2d 76· 6th Cir.· 1972-10-13 ·cited 13×
  The court held that the Federal Wholesome Meat Act preempts state laws that impose marking, labeling, or ingredient requirements in addition to, or different than, those established by federal regulations, even if the state requirements are stricter.
• Magic Foam Sales Corp. v. Mystic Foam Corp.
  167 F.2d 88· 6th Cir.· 1948-03-22 ·cited 13×
  A federal district court lacks jurisdiction over a trademark dispute when the plaintiff only possesses a common-law trademark and the defendant's trademark is registered.
• People's Tr. Ins. Co. v. Valentin
  305 So. 3d 324· Fla. 3d DCA· 2020-04-01 ·cited 12×
  The appellate court reviewed a trial court's dismissal of an insurance company's complaint against its insured. The court affirmed the dismissal of breach of contract and injunctive relief claims but reversed the dismissal of specific performance and declaratory judgment claims,
• Garden-Aire Vill. S. Condo. Ass'n v. QBE Ins.
  774 F. Supp. 2d 1224· S.D. Fla.· 2011-03-31 ·cited 12×
  The court held that a justiciable controversy did not exist for the declaratory judgment claim regarding coverage, and the demand for appraisal was premature because the parties had not engaged in a good-faith effort to resolve the dispute.
• Tallulah Morgan v. McDONOUGH
  689 F.2d 265· 1st Cir.· 1982-09-16 ·cited 12×
  The court held that while some issues were moot, student assignment orders and the rejection of the beacon school proposal were not an abuse of discretion, but the linkage proposal presented different issues not fully resolved.
• Perfection-Cobey Co. v. City Tank Corp.
  597 F.2d 419· 4th Cir.· 1979-05-03 ·cited 12×
  The court affirmed the invalidity and non-infringement of specific patent claims but vacated the invalidity of other claims, remanding for further proceedings.
• Robin Prods. Co. v. Tomecek
  465 F.2d 1193· 6th Cir.· 1972-08-23 ·cited 12×
  The court held that the district court erred in dismissing the declaratory judgment action for lack of jurisdiction without an evidentiary hearing, as a genuine dispute existed regarding whether a charge of infringement could be inferred.
• Donohoe v. Duling
  465 F.2d 196· 4th Cir.· 1972-08-01 ·cited 12×
  The court held that the plaintiffs lacked standing because they failed to demonstrate a specific present objective harm or a threat of future harm resulting from the police surveillance and photography practices.
• Tulip Realty Co. OF Fla., Inc. v. Fuhrer
  155 So. 2d 637· Fla. 2d DCA· 1963-07-26 ·cited 12×
  Tulip Realty, a lessor, appealed the denial of its motion to dismiss a declaratory judgment action brought by lessee Fuhrer. The court held that Fuhrer's petition adequately alleged doubt and uncertainty regarding his right to assign his leasehold interest where the lease contain
• Banyan Cafeterias, Inc. v. The Faith Lutheran Church OF Hialeah
  151 So. 2d 426· Fla.· 1963-02-20 ·cited 12×
  The Florida Supreme Court held that Faith Lutheran Church had sufficient standing to challenge the issuance of a liquor license to Banyan Cafeterias located within 1500 feet of the church, resolving a conflict among district courts regarding whether declaratory relief and injunct
• Fed. Home Loan Bank OF SAN Francisco v. Ammann
  225 F.2d 349· 9th Cir.· 1955-07-18 ·cited 12×
  The court granted the petition for writ of mandamus, directing the district court to comply with this court's prior mandates and to cease entertaining proceedings that relitigate already adjudicated issues.
• Chairman of United States Mar. Comm'n v. Cal. E. Line, Inc.
  204 F.2d 398· D.C. Cir.· 1953-04-16 ·cited 12×
  The court held that the Reorganization Act's abatement provisions do not apply to Tax Court proceedings, and the petition for review filed in the name of the United States was sufficient to invoke jurisdiction, denying the government's motion to remand.
• Joint Anti-Fascist Refugee Comm. v. Clark
  177 F.2d 79· D.C. Cir.· 1949-08-11 ·cited 12×
  The court held that the complaint did not present a justiciable controversy, as the Attorney General's designation and the Executive Order imposed no direct legal obligations or restraints on the Committee, and thus dismissal was proper.
• Johnson v. Interstate Transit Lines
  163 F.2d 125· 10th Cir.· 1947-08-07 ·cited 12×
  The court held that the trial court did not err in dismissing the action because the complaint failed to present a justiciable controversy and the court lacked jurisdiction due to the absence of necessary parties.
• Waterman S. S. Corp. v. Land
  151 F.2d 292· D.C. Cir.· 1945-06-18 ·cited 12×
  The court held that the lower court's dismissal of the complaint was correct because there was no justiciable controversy or actual decision to review.
• Timken-Detroit Axle Co. v. Alma Motor Co. (United States
  144 F.2d 714· 3d Cir.· 1944-08-07 ·cited 12×
  The Royalty Adjustment Act of 1942 is a constitutional exercise of eminent domain in aid of the war power, allowing the government to adjust wartime royalties, and the case is remanded to determine if a justiciable controversy remains.
• Murphy v. BAY Colony Prop. Owners Ass'n & Victor Coveduck
  12 So. 3d 924· Fla. 2d DCA· 2009-07-22 ·cited 11×
  The court held that a trial court improperly dismissed a complaint for declaratory judgment on the merits at the motion to dismiss stage, rather than assessing the sufficiency of the complaint.
• Orange Cnty. v. Expedia, Inc.
  985 So. 2d 622· Fla. 5th DCA· 2008-06-13 ·cited 11×
  Orange County and its Comptroller sued for declaratory relief to determine whether online travel companies (Expedia and Orbitz) owe Tourist Development Tax on the retail price difference between wholesale hotel rates and the retail prices they charge customers. The trial court di
• The RED Lobster Inns OF Am., Inc. v. NEW England Oyster House, Inc.
  524 F.2d 968· 5th Cir.· 1975-12-12 ·cited 11×
  The court held that opposition proceedings before the Patent Office do not constitute a claim of infringement, thus failing to present an actual controversy required by the Declaratory Judgment Act.
• Koster & Wythe v. Lon Massey
  262 F.2d 60· 9th Cir.· 1958-11-26 ·cited 11×
  The court held that an order directing a party to pay the Marshal's costs, with dismissal as an alternative, is a final, appealable order under the collateral order doctrine.
• Solares v. City OF Miami
  166 So. 3d 887· Fla. 3d DCA· 2015-05-27 ·cited 10×
  Graciela Solares challenged the City of Miami's lease extension and sublease allowance for a tower development. The trial court ruled against her on the merits but questioned her standing. The appellate court affirmed, holding that Solares lacked standing because she failed to de
• N & D Holding, Inc. v. Town OF Davie
  17 So. 3d 819· Fla. 4th DCA· 2009-08-19 ·cited 10×
  N & D Holding appealed the dismissal of its declaratory judgment action challenging the Town of Davie's rezoning of property from M-3/M-4 districts (inherited from the dissolved City of Hacienda Village) to a new Regional Activity Center district. The court affirmed the dismissal
• Maas v. Olive
  992 So. 2d 196· Fla.· 2008-09-25 ·cited 10×
  The Florida Supreme Court held that trial courts have inherent constitutional authority to award compensation to death penalty appellate registry attorneys in excess of statutory fee caps when extraordinary circumstances exist in capital collateral cases, and that attorneys canno
• Depaola v. The Town OF Davie
  872 So. 2d 377· Fla. 4th DCA· 2004-04-28 ·cited 10×
  Leonard DePaola appeals the dismissal of his wrongful termination complaint against the Town of Davie, alleging violation of his constitutional due process rights. The appellate court reversed, holding that DePaola had a protected property interest in his employment and that his
• Dinesh Pandya v. Israel
  761 So. 2d 454· Fla. 4th DCA· 2000-06-07 ·cited 10×
  The Florida Fourth District Court of Appeal upheld a trial court's decision invalidating an agreement between Palm Beach County and Dinesh Pandya for the sale of timeshare units held by the County through tax certificates. The court held that Florida Statute § 125.35(1)(a) requir
• M.Z. v. State
  747 So. 2d 978· Fla. 1st DCA· 1999-10-25 ·cited 10×
  A 15-year-old juvenile charged as an adult under Florida's direct-file statute challenges the constitutionality of the law allowing prosecutors to file adult charges against juveniles. The court dismisses the appeal as premature because the appellant was ultimately treated as a j
• Jacobs & Goodman, P.A. v. McLIN
  582 So. 2d 98· Fla. 5th DCA· 1991-06-27 ·cited 10×
  The court held that a party cannot be joined solely to establish venue, and the underlying cause of action, not the declaratory relief itself, determines proper venue.
• Rowan Cos., Inc. v. Huey P. Griffin
  876 F.2d 26· 5th Cir.· 1989-06-22 ·cited 10×
  The court held that the employer's suit for a declaratory judgment regarding its obligation to provide maintenance and cure to an injured employee presented an actual controversy and that the district court erred by dismissing the suit without stating reasons.
• The Va. Hosp. Ass'n v. Baliles
  830 F.2d 1308· 4th Cir.· 1987-10-13 ·cited 10×
  The majority reversed the district court's summary judgment, holding that the associational plaintiff was not precluded by prior litigation, and sua sponte awarded partial summary judgment against the preclusion defense.
• Hotel & Rest. Emps. Union v. Attorney General of the United States
  804 F.2d 1256· D.C. Cir.· 1986-10-31 ·cited 10×
  The court held that the union lacked standing to challenge asylum procedures and that an individual's claim was not ripe for review, while the Attorney General's decision on enforcement was unreviewable.
• Falls v. Lawnwood Med. Ctr.
  427 So. 2d 361· Fla. 4th DCA· 1983-03-02 ·cited 10×
  A registered nurse with over 20 years of service at a hospital was terminated and sued for wrongful dismissal. The trial court granted summary judgment for the hospital based on at-will employment doctrine, but the appellate court reversed, finding that disputed factual issues re
• Smith v. Lew Brantley
  400 So. 2d 443· Fla.· 1981-06-18 ·cited 10×
  In this constitutional case, the Florida Supreme Court held that a public officer's resignation stated to be effective immediately becomes effective upon submission without requiring gubernatorial acceptance, and that the legislature lacks subject matter jurisdiction to impeach a
• Septum, Inc. v. Keller
  614 F.2d 456· 5th Cir.· 1980-03-24 ·cited 10×
  The court held that by cooperating with the prosecuting attorney, the defendant brought itself within the Younger abstention window, allowing for federal court intervention.
• Stewart v. M.M. & P. Pension Plan
  608 F.2d 776· 9th Cir.· 1979-11-21 ·cited 10×
  The court held that the district court should have dismissed the action for want of jurisdiction due to lack of an actual controversy, rather than on the merits.
• Formica Corp. v. Lefkowitz
  590 F.2d 915· C.C.P.A.· 1979-01-25 ·cited 10×
  The court held that a petition for extraordinary writs is not an appeal, and thus the FTC's election to pursue a civil action under § 21 is a nullity, and the court has jurisdiction to consider the petition. However, the court denied the writs because the TTAB's decision was not
• Berrigan v. Norton
  451 F.2d 790· 2d Cir.· 1971-11-26 ·cited 10×
  The court held that the appellants failed to make a sufficient showing of infringement of their First Amendment rights because they never officially submitted their sermon for approval or dissemination.
• Portland Gen. Elec. Co. & Publishers' Paper Co. v. Fed. Power Comm'n
  328 F.2d 165· 9th Cir.· 1964-02-07 ·cited 10×
  The court held that the Federal Power Commission's interpretation of "to be constructed" in Section 11 of the Federal Power Act was not sufficiently clear for review, necessitating a remand for further consideration. It also found that Section 27 of the Act does not preclude the
• Mrs. Grace Carrigan v. Cal. State Legis.
  263 F.2d 560· 9th Cir.· 1959-01-28 ·cited 10×
  The court held that the district court did not abuse its discretion in dismissing the complaint without prejudice for failing to comply with Federal Rules of Civil Procedure regarding pleading requirements.