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Florida Statute 377.33 | Lawyer Caselaw & Research
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F.S. 377.33 Case Law from Google Scholar Google Search for Amendments to 377.33

The 2024 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
Chapter 377
ENERGY RESOURCES
View Entire Chapter
F.S. 377.33
377.33 Injunctions against division.—
(1) Any interested person adversely affected by any statute of this state with respect to conservation of oil or gas, or both, or by provisions of this law may seek relief by a suit for injunction against the division, as defendant, or the members thereof by suit in the chancery court in the county or counties wherein the property involved is situated, or in the chancery court of Leon County. Such suit shall have precedence over all other causes, proceedings, or suits on the docket of a different nature, and the attorney representing the division may have the case set for trial after 10 days’ notice to the plaintiff or his or her attorney. Such trial shall be de novo, and the burden of proof shall be upon the plaintiff. The statute or provision of this law complained of shall be taken as prima facie valid, and such presumption shall not be overcome, in connection with any application for injunctive relief, including temporary restraining order, by verified complaint or affidavit of, or in behalf of, the applicant.
(2) No temporary restraining order or injunction shall be granted against the division or against its attorneys, agents, employees, or representatives restraining the attorneys, agents, employees, or representatives from enforcing any statute of this state relating to conservation of oil or gas, or any of the provisions of this law, except after due notice, served upon the executive director of the department, and after a hearing at which it shall be shown to the court by legal evidence that the act done or threatened is without sanction of law or that the provisions of this law are invalid or unreasonable and, if enforced against the complaining party, will cause an irreparable injury. If the division shall so request at such hearing, it shall be entitled to a trial on the merits within 10 days after the granting of any temporary order, and, if the plaintiff is not ready for trial at such time, the court shall be authorized to dissolve the temporary restraining order.
(3) No temporary injunction of any kind against the division, or against its attorneys, agents, employees, or representatives, shall become effective until the plaintiff shall execute a bond in the amount and upon the conditions the court directs. The bond shall be made payable to the Governor and his or her successors in office, shall be approved by the court or clerk, and shall be for the use and benefit of all persons who may be injured by the acts done under the protection of the injunction.
History.—ss. 27-29, ch. 22819, 1945; s. 10, ch. 26484, 1951; s. 2, ch. 29737, 1955; ss. 25, 35, ch. 69-106; s. 27, ch. 74-382; s. 23, ch. 78-95; s. 88, ch. 79-164; s. 626, ch. 95-148.

F.S. 377.33 on Google Scholar

F.S. 377.33 on Casetext

Amendments to 377.33


Arrestable Offenses / Crimes under Fla. Stat. 377.33
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 377.33.

Annotations, Discussions, Cases:

Cases Citing Statute 377.33

Total Results: 5

State v. Barnes

Court: District Court of Appeal of Florida | Date Filed: 1996-11-27

Citation: 686 So. 2d 633, 1996 WL 681059

Snippet: (quoting Nash v. United States, 229 U.S. 373, 377, 33 S.Ct. 780, 781, 57 L.Ed. 1232 (1913)) (emphasis

Hermanson v. State

Court: Supreme Court of Florida | Date Filed: 1992-07-02

Citation: 604 So. 2d 775, 1992 WL 148245

Snippet: " (Nash v. United States (1913) 229 U.S. 373, 377, 33 S.Ct. 780, 781, 57 L.Ed. 1232; see also Coates

Hermanson v. State

Court: District Court of Appeal of Florida | Date Filed: 1990-11-21

Citation: 570 So. 2d 322, 1990 WL 140285

Snippet: " (Nash v. United States (1913) 229 U.S. 373, 377, 33 S.Ct. 780, 781, 57 L.Ed. 1232; see also Coates

Sweeting v. Hammons

Court: District Court of Appeal of Florida | Date Filed: 1988-02-23

Citation: 521 So. 2d 226, 13 Fla. L. Weekly 511, 1988 Fla. App. LEXIS 610, 1988 WL 12514

Snippet: Lake County, 133 U.S. 553, 562, 10 S.Ct. 374, 377, 33 L.Ed. 740 [1890]). 449 N.Y.S.2d at 676, 434 N.E

State ex rel. Sellers v. Parker

Court: Supreme Court of Florida | Date Filed: 1924-02-21

Citation: 87 Fla. 181, 100 So. 260

Snippet: involved. Nash v. United States, 229 U. S. 373, text 377, 33 Sup. Ct. Rep. 780. See also Standard Oil Co. of