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373 So. 2d 714·
Fla. 2d DCA·
1979-08-03
·cited 2×
The appellant was denied his constitutional right to a jury trial when the trial court ordered a nonjury trial on compensatory damages in a case where the complaint contained both legal and equitable claims. The court reversed the damages judgment and remanded for a new trial bec
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256 So. 2d 574·
Fla. 1st DCA·
1972-01-11
·cited 2×
The Florida District Court of Appeal reversed a trial court's denial of a temporary injunction sought by the State Board of Funeral Directors and Embalmers to stop George Evans from unlawfully practicing funeral directing and embalming without a license. The court held that the a
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248 So. 2d 179·
Fla. 1st DCA·
1971-05-10
·cited 2×
Labor unions sought a writ of prohibition to bar a circuit judge from enjoining a strike they claimed was protected activity under federal labor law. The court held that state courts have concurrent jurisdiction to enforce no-strike provisions in collective bargaining agreements,
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441 F.2d 1396·
6th Cir.·
1971-04-30
·cited 2×
The court held that an injunction prohibiting the broadcast of anti-smoke commercials would constitute an impermissible prior restraint under the First Amendment.
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388 F.2d 148·
9th Cir.·
1967-12-19
·cited 2×
The court held that while the defendant established a right to water appropriation under federal law, this right did not automatically grant an easement for grazing livestock on public lands. However, a right of way for diverting the water was recognized.
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386 F.2d 229·
7th Cir.·
1967-10-18
·cited 2×
The court held that the district court correctly found a dispute existed regarding contract interpretation, thus lacking jurisdiction, but erred in entering a judgment on the merits.
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260 F.2d 575·
9th Cir.·
1958-06-25
·cited 2×
The court held that the junior appropriator (Bagdad) bears the burden of proving its actions did not diminish the senior appropriator's (Zannaras) water rights.
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228 F.2d 217·
5th Cir.·
1955-12-13
·cited 2×
The court held that the communitization agreement superseded the lessor's right to take royalty gas in kind, and the lessor was bound by the agreement to accept proceeds.
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67 So. 2d 240·
Fla.·
1953-09-11
·cited 2×
Carvell, a holder in due course of a promissory note, sought to collect it against Viglianco in a common-law action. Viglianco filed an equity suit alleging the note had been altered, obtaining a temporary restraining order. The Florida Supreme Court held that equity should not h
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133 F.2d 698·
5th Cir.·
1943-02-10
·cited 2×
The court held that the trust deed securing bonds issued by a water power control district is valid, but the trial court's injunction was too broad and must be revised.
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619 F.2d 44·
9th Cir.·
1980-05-19
The court held that subsequent events rendered the request for injunctive relief moot, and discretionary denial of declaratory relief was appropriate.
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478 F.2d 310·
6th Cir.·
1973-05-15
The court held that the district court erred in enjoining the company's proceeding before the National Labor Relations Board, as it improperly interfered with the Board's statutory authority.
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33 Fla. Supp. 183·
Escambia Cty. Cir. Ct.·
1970-04-07
The court held that the county's award of a lease to the plaintiff did not create an enforceable contract until the lease agreement was formally executed and a performance bond was tendered and accepted.
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406 F.2d 749·
5th Cir.·
1969-01-31
The court held that the trial court correctly granted summary judgment because the contract contained independent covenants, and a default in payment terminated the agreement.
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286 F.2d 545·
D.C. Cir.·
1961-01-05
The court held that the plaintiff seeking an injunction was entitled to a trial on the issue of whether settlement agreements were made, as this could provide a basis for injunctive relief.
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161 F.2d 111·
9th Cir.·
1947-04-17
The appeal must be dismissed because the question presented is moot, as the statutory period for substitution of parties had expired.
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140 Fla. 760·
Fla.·
1939-11-24
In this suit to remove cloud on title and obtain injunction, the Florida Supreme Court affirmed the trial court's denial of defendants' motion to dismiss despite a nine-year delay in the proceedings. The court held that defendants could not benefit from delay they caused by faili
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134 Fla. 547·
Fla.·
1938-10-13
This case involves the interpretation of a deed conveying property from heirs of a deceased estate to two of those heirs (a married couple). The Florida Supreme Court resolved whether the conveyance created an estate by the entireties and determined the proper distribution of pro
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70 Fla. 514·
Fla.·
1915-12-15
John Sandlin purchased land from John High and sought to enjoin The Hunter Company from cutting timber on the property. The trial court found that The Hunter Company had superior rights to cut the timber under earlier conveyances from High to timber lessees, and that Sandlin, hav