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90 Fla. 207·
Fla.·
1925-07-25
·cited 107×
The Florida Supreme Court reversed a lower court's dismissal of a negligence action brought by an eight-year-old boy injured by high-voltage electric wires strung through the branches of a magnolia tree near a railway station and public school. The court held that electric compan
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85 So. 2d 552·
Fla.·
1956-02-15
·cited 38×
The Florida Supreme Court reversed an injunction against a day nursery operated by neighbors, holding that the operation did not constitute a private nuisance despite noise complaints. The court applied the principle that private nuisance requires substantial injury to legal righ
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52 So. 2d 682·
Fla.·
1951-05-29
·cited 33×
The Florida Supreme Court affirmed a lower court's decision denying an injunction to an airport owner who sought to prevent a neighboring drive-in theater from being built. The court held that the theater's construction, while potentially creating a hazard, was a reasonable use o
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542 So. 2d 959·
Fla.·
1989-03-30
·cited 28×
Florida Supreme Court adopts the reasonable use rule for surface water interference disputes, replacing strict common enemy and civil law doctrines. The court reverses the Third District's decision applying the strict civil law rule and remands for a new trial, holding that reaso
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56 Fla. 307·
Fla.·
1908-06-01
·cited 28×
This case addresses whether a married woman in Florida can be held liable for negligence in operating a public swimming pool on her separate property. The Florida Supreme Court held that a married woman is not liable for torts arising from the management of her property, as Flori
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75 So. 2d 785·
Fla.·
1954-11-16
·cited 20×
The Florida Supreme Court held that a cemetery proposed in a predominantly residential area may be enjoined as a private nuisance by adjacent homeowners, applying the rule governing funeral homes and undertaking establishments. The Court found that the depressing psychological ef
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159 Fla. 629·
Fla.·
1947-10-28
·cited 19×
Shamhart owned a pharmacy adjacent to Morrison's Cafeteria in West Palm Beach. Customer lines extending from the cafeteria onto the public sidewalk blocked his store entrances, causing business losses. The Florida Supreme Court held that the cafeteria's use of the public sidewalk
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114 So. 2d 357·
Fla. 3d DCA·
1959-08-27
·cited 18×
Fontainebleau Hotel Corp. appealed a temporary injunction blocking construction of a 14-story addition to its hotel on grounds that the structure would cast shadows over the neighboring Eden Roc Hotel's beach facilities. The court reversed, holding that absent contractual, statut
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226 F.2d 661·
9th Cir.·
1955-05-09
·cited 18×
The court held that the majority opinion erred in treating an affidavit as uncontroverted evidence, thereby improperly denying the plaintiffs their right to a jury trial on genuine issues of material fact regarding easement violations and negligence.
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203 F.2d 88·
5th Cir.·
1953-04-03
·cited 12×
The court held that the doctrine of res judicata did not bar the plaintiff's claim for damages from a continuing nuisance, as the claims were based on separate causes of action for successive injuries.
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152 F.2d 636·
5th Cir.·
1945-12-19
·cited 10×
A landowner is not without recourse for damages caused by the non-negligent, purposeful, and permanent operation of a lawful business if the operation continuously casts damaging substances onto their land, even if the business is otherwise lawful and useful.
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159 Fla. 263·
Fla.·
1947-07-08
·cited 8×
Plaintiffs sought to enjoin the operation of Albert Whitted Airport in St. Petersburg, Florida, or to prevent aircraft from flying below 500 feet over their property, alleging nuisance. The Florida Supreme Court affirmed the lower court's denial of the injunction but imposed oper
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141 F.2d 471·
6th Cir.·
1944-02-15
·cited 7×
A single defendant in multiple, non-consolidated cases tried together is entitled to the same number of peremptory challenges as all plaintiffs combined.
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376 So. 2d 914·
Fla. 3d DCA·
1979-11-13
·cited 6×
Condominium unit owners successfully appealed the dismissal of their nuisance abatement action against the condominium association. The court held that noise from an uncovered terrazzo corridor in the lobby above their apartment constituted a legally actionable nuisance and that
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690 So. 2d 1341·
Fla. 3d DCA·
1997-03-19
·cited 5×
Martha Rae appealed orders denying her an injunction against repeat violence and granting her neighbor, Dr. John Flynn, a permanent injunction prohibiting her from housing pets outdoors due to excessive dog barking. The court affirmed, finding that Rae's dogs constituted an enjoi
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464 So. 2d 1271·
Fla. 3d DCA·
1985-02-26
·cited 4×
The court held that a preliminary injunction was improperly granted because the fence served a useful purpose, even if spite was a partial motive.
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139 F.2d 38·
6th Cir.·
1943-12-01
·cited 4×
The court held that substantial evidence supported the jury's finding of nuisance and that the jury instructions regarding nuisance and damages were correct.
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23 Fla. Supp. 111·
Dade Cty. Small Cl. Ct.·
1964-07-27
A Weather Bureau employee sued American Airmotive Corporation for damage to his parked car caused by paint stripping material overspray from defendant's adjacent paint rack. The court held defendant liable under the common law principle that a property occupier owes a duty of rea
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14 Fla. Supp. 103·
Hillsborough Cty. Cir. Ct.·
1946-05-20
Plaintiff, owner of a bathing beach on Lake Ellen, sought an injunction against defendants operating a suction dredge that was muddying the lake waters during the bathing season, destroying his beach business. The court granted a partial injunction prohibiting dredging during the