Justiciable Controversy

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

• Stephenson v. Stephenson
  249 F.2d 203· 7th Cir.· 1957-10-28 ·cited 4×
• Donnely v. Mavar Shrimp & Oyster Co., Inc.
  190 F.2d 409· 5th Cir.· 1951-07-17 ·cited 4×
  The court held that the processes of picking shrimp and shucking oysters are exempt from the minimum wage and maximum hours provisions of the Fair Labor Standards Act as they constitute 'processing (other than canning)'.
• Nat'l Valve & MFG. Co. v. Grimshaw
  181 F.2d 687· 10th Cir.· 1950-04-26 ·cited 4×
  The court held that the trial court did not err in dismissing the action for a declaratory judgment because there was no actual, ripe justiciable controversy at the time the suit was filed.
• United States v. Rice
  176 F.2d 373· 3d Cir.· 1949-08-08 ·cited 4×
  The court held that the lower court lacked jurisdiction to order seized money, held as evidence, to be deposited into the court's registry, and therefore the order directing this deposit and subsequent orders adjudicating ownership were void.
• Sheldon v. Griffin
  174 F.2d 382· 9th Cir.· 1949-04-29 ·cited 4×
  The court held that the plaintiff, a citizen and taxpayer, lacked standing to challenge the amendment because he failed to demonstrate direct injury beyond that of the general public.
• West v. Bank of Commerce & Trs.
  153 F.2d 566· 4th Cir.· 1946-02-02 ·cited 4×
  The court held that the lower court erred in granting summary judgment because the case did not present an "actual controversy" as required by the Federal Declaratory Judgment Statute.
• Real Est. Solutions Home Sellers, LLC v. Viera E. Golf Course Dist. Ass'n, Inc.
  288 So. 3d 1228· Fla. 5th DCA· 2020-01-02 ·cited 3×
  Real Estate Solutions Home Sellers, LLC purchased a foreclosed property subject to unpaid homeowner's association assessments and sought a declaratory judgment regarding its liability for those assessments under the community's CCR and Florida law. After RESHS sold the property,
• The Sch. Dist. of Escambia Cnty. v. Santa Rosa Dunes Owners Ass'n, Inc.
  274 So. 3d 492· Fla. 1st DCA· 2019-05-30 ·cited 3×
  A public official lacks standing to challenge the constitutionality of a statute when the statute's operation affects the official's duties, and the personal injury exception does not apply when the alleged injury arises exclusively from the official's statutory responsibilities.
• Treasure Chest Poker, LLC v. Dep't of Bus. & Prof'l Reg.
  238 So. 3d 338· Fla. 2d DCA· 2017-06-30 ·cited 3×
  Treasure Chest Poker sought declaratory judgment against the Department of Business and Professional Regulation, claiming the Department improperly issued notices of noncompliance regarding free poker games. The appellate court reversed, holding that the trial court lacked jurisd
• Marco Island Cable, Inc. v. Comcast Cablevision of the S., Inc.
  509 F. Supp. 2d 1158· M.D. Fla.· 2007-03-08 ·cited 3×
  The court held that exclusivity provisions in Comcast's cable service contracts with condominium associations do not violate Florida Statute § 718.1232, and that the plaintiff cable provider only has standing to assert its own statutory right not to pay for services, not resident
• Linda I. Bland, M.D., & Treasure Coast Neurosurgical Assocs., P.A. v. Cage
  931 So. 2d 931· Fla. 4th DCA· 2006-04-19 ·cited 3×
  The court held that the insurer had the right to seek a declaratory judgment to approve a settlement within policy limits, even over the insured's objection, as the policy allowed such settlements and the insured was afforded due process.
• Resolution Tr. Corp. v. United Tr. Fund, Inc.
  775 F. Supp. 1465· S.D. Fla.· 1991-08-21 ·cited 3×
  The RTC's repudiation of the lease was untimely and ineffective because it was not made within a reasonable period after its appointment as conservator or receiver. Therefore, the RTC remains bound by the lease terms.
• Ticor Title Ins. v. Univ. Creek, Inc.
  767 F. Supp. 1127· M.D. Fla.· 1991-06-19 ·cited 3×
  The court held that the Shubows' affidavit and lis pendens constituted an encumbrance covered by the title policy, and that University Creek's settlement was a covered loss due to Ticor's unreasonable delay and refusal to act.
• McGEE v. Martinez
  555 So. 2d 914· Fla. 1st DCA· 1990-01-12 ·cited 3×
  A party subject to an arrest warrant and extradition proceedings has standing to challenge the constitutionality of the statute under which they are charged, even if not yet arrested in the jurisdiction.
• Deen v. Tampa Port Auth.
  201 So. 2d 755· Fla. 2d DCA· 1967-08-18 ·cited 3×
  Property owners challenged the Tampa Port Authority's decision to sell submerged lands and grant fill permits by filing a declaratory judgment action. The court held that challenges to administrative agency actions require certiorari review, not declaratory judgment, and affirmed
• Brotherhood of Railroad Trainmen v. Tex. & P. Ry. Co.
  159 F.2d 822· 5th Cir.· 1947-02-05 ·cited 3×
  The court held that the complaint did not present a justiciable controversy under the Railway Labor Act, and therefore the motion to dismiss should have been granted.
• Frederic Guttenberg v. Smith & Wesson
  357 So. 3d 690· Fla. 4th DCA· 2023-01-04 ·cited 2×
  The Guttenbergs, whose daughter was killed in the Marjory Stoneman Douglas High School shooting, sought a declaratory judgment to determine if Florida's statute prohibiting civil actions against firearms manufacturers applied to their potential claims. The appellate court affirme
• Fla. Dep't of Transp. & The Fla. House of Representatives v. Miami-Dade Cnty. Expressway Auth.
  298 So. 3d 1261· Fla. 1st DCA· 2020-06-25 ·cited 2×
  The appellate court denied a petition for a writ of prohibition, finding that the petitioners had an adequate remedy at law through a pending appeal. The writ was sought to prevent a lower court from proceeding with a declaratory judgment action concerning the constitutionality o
• Vazquez v. Romero
  179 So. 3d 402· Fla. 1st DCA· 2015-11-09 ·cited 2×
  Vazquez sought a writ of prohibition to prevent the Judge of Compensation Claims from exercising jurisdiction over discovery requests filed by Romero after Vazquez voluntarily dismissed his petitions for benefits. The court granted the petition, holding that the JCC lost jurisdic
• Hames v. City of Miami
  479 F. Supp. 2d 1276· S.D. Fla.· 2007-03-20 ·cited 2×
  The court held that claims challenging Florida's appellate procedures were unripe, and federal constitutional claims for First Amendment retaliation, excessive fines, and due process violations failed to state a claim, leading to dismissal of federal claims and declining suppleme
• Bidlack v. Wheelabrator Corp.
  993 F.2d 603· 7th Cir.· 1993-05-18 ·cited 2×
  The court adopted the 'weak no-vest rule' as the default for determining whether collectively bargained retiree health benefits have vested, allowing extrinsic evidence when the agreement is ambiguous.
• Campos v. City OF Houston
  968 F.2d 446· 5th Cir.· 1992-07-31 ·cited 2×
  The court held that while a district court has the authority to order interim election relief, it abused its discretion by ordering an election under an unprecleared plan to which the Attorney General had objected, instead of a belatedly precleared plan.
• Mann v. City OF Oakland Park
  581 So. 2d 986· Fla. 4th DCA· 1991-06-26 ·cited 2×
  The court held that an actual controversy existed and the appellant did not need to exhaust administrative remedies because he mounted a general attack on the constitutionality of the code provision.
• In re Talbott BIG Foot, Inc. v. Boudreaux
  924 F.2d 85· 5th Cir.· 1991-02-15 ·cited 2×
  The court held that the appeal must be dismissed because the settlement agreement between the parties rendered the issue of limitation of liability moot, thus divesting the court of jurisdiction under Article III.
• Church of Scientology Flag Servs. Org., Inc. v. City of Clearwater
  756 F. Supp. 1498· M.D. Fla.· 1991-02-04 ·cited 2×
  The Court holds that Scientology has standing to sue and that Clearwater Ordinance 3479-84 is constitutional. The Court grants Scientology's motion for partial summary judgment on standing but denies it on other issues, while denying Clearwater's motion on standing but granting i
• Ward v. City OF Portland & Robert Aichele
  857 F.2d 1373· 9th Cir.· 1988-09-29 ·cited 2×
  The court held that a justiciable controversy exists because the police policy requiring officers to write incident reports before consulting counsel is capable of repetition, yet evading review, even though the specific officers involved were not disciplined.
• Spink v. C.F. McCONNELL, M.D.
  529 So. 2d 813· Fla. 1st DCA· 1988-08-11 ·cited 2×
  Carolyn Spink, as personal representative of a deceased's estate, appealed a dismissal of her complaint seeking a declaratory judgment to change the cause of death on the death certificate from "suicide" to "undetermined" or "accidental." The court affirmed the dismissal, holding
• Fed. Trade Comm'n v. Owens-Corning Fiberglas Corp.
  853 F.2d 458· 6th Cir.· 1988-08-04 ·cited 2×
  The court held that an intervenor, who is not a party to a consent decree, cannot independently appeal a district court's factual determinations when the original agency party has elected not to appeal.
• Revlon, Inc. v. Carson Prods. Co.
  803 F.2d 676· Fed. Cir.· 1986-10-08 ·cited 2×
  The court affirmed the district court's finding of patent invalidity based on obviousness but reversed the award of attorney fees, finding the case was not exceptional.
• Connell v. Bowen
  797 F.2d 927· 11th Cir.· 1986-06-25 ·cited 2×
• Ricky Darvin Martin (80-1273) v. Attorney General OF the United States
  771 F.2d 102· 6th Cir.· 1985-08-19 ·cited 2×
  The court held that it lacked jurisdiction to consider the use of set-aside convictions due to lack of standing, upheld the use of age in calculating salient factor scores, but reversed the district court's approval of a remedial plan for YCA offenders, finding it insufficient.
• Kines v. DAY
  754 F.2d 28· 1st Cir.· 1985-02-05 ·cited 2×
  The court held that the prison's "Publishers Only Rule" was not facially unconstitutional and that the inmate's challenge to the rule as applied was not ripe for decision due to insufficient evidence of specific harm.
• The City OF Springfield v. Wash. Pub. Power Supply Sys.
  752 F.2d 1423· 9th Cir.· 1985-02-04 ·cited 2×
  The court held that the participants acted within their legal authority by entering into the net billing agreements, and that the dry-hole risk was placed on the BPA, not the participants. The court affirmed the district court's result but clarified that state law, not federal co
• Wis's. Env't Decade, Inc. v. State BAR OF Wis.
  747 F.2d 407· 7th Cir.· 1984-10-30 ·cited 2×
  The court held that the case was not ripe for adjudication because there was no substantial controversy of sufficient immediacy and reality, as the threat of enforcement was not sufficiently concrete or imminent.
• Harris v. United States Liab. Ins. Co.
  746 F.2d 152· 2d Cir.· 1984-10-12 ·cited 2×
  The court held that New York Civil Practice Law § 205(a) applies to a second suit filed within six months of a prior action's dismissal for lack of justiciable controversy, even if the causes of action differ, as long as both arise from the same transaction or occurrence.
• Donnell J. Green v. Lehman
  744 F.2d 1049· 4th Cir.· 1984-09-27 ·cited 2×
  The court held that the district court correctly determined there was no justiciable controversy regarding the midshipman's discharge for insufficient aptitude, as his academic deficiency would have led to discharge regardless. The court also affirmed the authority to transfer th
• Wash. Mercantile Ass'n v. Williams
  733 F.2d 687· 9th Cir.· 1984-05-17 ·cited 2×
  The court held that Washington's ban on advertisements for drug paraphernalia, as construed to apply only to commercial speech promoting illegal transactions, does not violate the First Amendment.
• State OF Nev. v. United States
  699 F.2d 486· 9th Cir.· 1983-02-18 ·cited 2×
  The court held that the State of Nevada's challenge to a federal moratorium on land settlement was rendered moot by the moratorium's rescission, and thus the case presented no justiciable controversy.
• Buttrey v. United States
  690 F.2d 1186· 5th Cir.· 1982-11-08 ·cited 2×
  The delegation of authority under section 404 of the Clean Water Act to the Army Corps of Engineers is constitutional, as it is based on the Commerce Clause and does not infringe upon constitutional protections.
• Murrell v. Robertson
  402 So. 2d 590· Fla. 5th DCA· 1981-08-26 ·cited 2×
• Potts v. Bruce
  533 F.2d 527· 10th Cir.· 1976-04-21 ·cited 2×
  The court held that the dispute was intratribal and did not reach constitutional magnitude, thus the trial court properly dismissed for lack of jurisdiction.
• Delilah B. Blanks v. Register
  493 F.2d 697· 4th Cir.· 1974-03-26 ·cited 2×
  The court held that the civil rights action was premature because the plaintiff had not yet been rejected for the position or had anyone else appointed, thus no justiciable case or controversy existed.
• Demby v. Wexler
  436 F.2d 570· 2d Cir.· 1970-12-21 ·cited 2×
  The court held that the students' reinstatement rendered their claim for a hearing moot, thus eliminating a justiciable controversy.
• Wakulla-Silver Springs Co. v. Smith
  249 So. 2d 738· Fla. 1st DCA· 1970-07-21 ·cited 2×
  Wakulla-Silver Springs Company appealed the trial court's denial of a temporary injunction to prevent Wakulla County from taking possession of and interfering with a strip of land that the company claimed to own. The court upheld the denial, finding the trial judge did not abuse
• McCARTY v. Fla. State Rd. Dep't & Ralph Davis
  211 So. 2d 226· Fla. 1st DCA· 1968-04-18 ·cited 2×
  Appellants sought a declaratory decree challenging the use of public funds and personnel by state agencies for partisan political purposes. The trial court dismissed the complaint as presenting an abstract question lacking justiciability, and the appellate court affirmed, finding
• Sterbenz v. City of Miami
  28 Fla. Supp. 4· Dade Cty. Cir. Ct.· 1966-12-13 ·cited 2×
  Sterbenz, a Miami city employee, sought a declaratory judgment that provisions of Miami's charter and civil service rules prohibiting public employees from engaging in political activities violated the First Amendment. The court granted summary judgment for Sterbenz, holding that
• Republic OF Iraq v. The First Nat'l Bank OF Chicago
  350 F.2d 645· 7th Cir.· 1965-08-12 ·cited 2×
  The court held that the district court correctly dismissed the complaint because it failed to present a justiciable controversy and state a claim upon which relief could be granted, particularly regarding the recognition of foreign guardianship decrees over children residing in I
• Yavitch v. Seewack
  323 F.2d 561· 9th Cir.· 1963-10-09 ·cited 2×
  The court held that the trial court improperly considered issues and made findings regarding patents not properly before it, and that findings on the patents in issue lacked sufficient detail.
• Wallace v. City OF Rock Island
  303 F.2d 637· 7th Cir.· 1962-05-18 ·cited 2×
  The court held that the plaintiff failed to establish federal court jurisdiction because the action did not involve the requisite amount in controversy or arise under an Act of Congress regulating commerce in a manner sufficient to confer jurisdiction.
• Botsford v. Riddell
  283 F.2d 298· 9th Cir.· 1960-10-13 ·cited 2×
  The district court properly dismissed the action against the Director for lack of jurisdiction.