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353 So. 3d 1188·
Fla. 4th DCA·
2023-01-18
·cited 1×
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339 So. 3d 459·
Fla. 2d DCA·
2022-05-18
·cited 1×
The appellate court reversed a trial court's dismissal of an insurance claim dispute, finding that the policyholders adequately stated a cause of action for declaratory relief. The court clarified that declaratory relief is available even when policy language is not ambiguous and
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304 So. 3d 23·
Fla. 4th DCA·
2020-10-21
·cited 1×
The appellate court reversed a temporary injunction, finding it legally deficient because it failed to specify the factual reasons for its issuance, describe the required actions in detail, and mandate a bond. The court remanded the case for further proceedings to ensure complian
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302 So. 3d 445·
Fla. 2d DCA·
2020-07-17
·cited 1×
The appellate court reversed a trial court's decision granting rescission and unjust enrichment claims to the Camerons. The court found that the trial court abused its discretion in ordering rescission based on alleged failures to disclose defects and complete minor repairs, and
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939 F. Supp. 2d 1269·
S.D. Fla.·
2019-09-16
·cited 1×
The court granted in part and denied in part the defendants' motion to dismiss, dismissing claims for defective manufacturing, 'defective product,' negligent infliction of emotional distress, breach of warranty, and tolling/concealment, but denying dismissal for unjust enrichment
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275 So. 3d 220·
Fla. 3d DCA·
2019-06-26
·cited 1×
A temporary injunction compelling readmission to a private school must be supported by clear, definite, and unequivocally sufficient factual findings addressing all four elements of the test: substantial likelihood of success on the merits, lack of adequate remedy at law, irrepar
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266 So. 3d 1216·
Fla. 1st DCA·
2019-01-25
·cited 1×
James Levoy Waters appealed the dismissal of his mandamus petition against GEO Group, Inc. and the Florida Department of Corrections, alleging they failed to follow administrative code rules governing the impounding and return of inmate personal property, specifically a folder co
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259 So. 3d 302·
Fla. 4th DCA·
2018-11-21
·cited 1×
A temporary injunction without notice must strictly comply with Florida Rule of Civil Procedure 1.610, including endorsement of the date and hour of entry and imposition of a bond, or it is defective and must be remanded for correction.
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253 So. 3d 53·
Fla. 3d DCA·
2018-08-01
·cited 1×
A trial court seeking to deny a temporary injunction for violation of a non-compete agreement must apply the statutory presumption of irreparable injury under Florida Statute § 542.335(1)(j), and the availability of other causes of action seeking monetary damages does not ipso fa
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250 So. 3d 731·
Fla. 3d DCA·
2018-06-20
·cited 1×
ASA College appeals a trial court order denying its motion for temporary injunction against Dezer regarding parking rights, while affirming the court's grant of Dezer's motion to enjoin ASA's college operation. The Third District reversed the denial of ASA's parking injunction ba
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150 So. 3d 1273·
Fla. 5th DCA·
2014-11-21
·cited 1×
The circuit court's dismissal of the appeal for lack of jurisdiction, based on the belief that a plenary appeal would provide an adequate remedy, was a departure from established law and a miscarriage of justice.
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113 So. 3d 991·
Fla. 5th DCA·
2013-04-12
·cited 1×
Blue Earth Solutions appeals a temporary injunction requiring them to restore possession of business premises to Florida Consolidated Properties following an asset purchase agreement dispute. The court reverses, holding that the injunction was legally untenable because the partie
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28 F. Cas. 1062·
M.D. Fla.·
2012-12-04
·cited 1×
The court held that genuine disputes of material fact exist regarding whether the plaintiff's termination was due to age discrimination or a pretext for it, and whether the employer acted in good faith for the breach of contract claim.
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969 So. 2d 423·
Fla. 5th DCA·
2007-11-02
·cited 1×
The court held that the trial court did not abuse its discretion in granting a temporary injunction requiring the removal of a radio tower and cessation of radio station operation due to violations of county land development codes.
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417 F. Supp. 2d 1323·
S.D. Fla.·
2006-02-14
·cited 1×
The court held that the Florida Agency for Health Care Administration (AHCA) violated the Medicaid Act by denying coverage for off-label uses of Neurontin that were supported by citations in congressionally-approved drug compendia.
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914 So. 2d 1076·
Fla. 2d DCA·
2005-11-30
·cited 1×
The Tampa Sports Authority appealed a preliminary injunction barring suspicionless patdown searches of stadium attendees at Tampa Bay Buccaneers games. The appellate court vacated the automatic stay of the injunction, allowing it to remain in effect during the appeal, based on a
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47 F. Supp. 2d 1361·
S.D. Fla.·
1999-04-15
·cited 1×
The court held that Section 553, not Section 605, applies to the interception of cable signals transmitted over coaxial cable, and that a constructive trust is not an appropriate remedy when statutory damages are available.
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656 So. 2d 262·
Fla. 4th DCA·
1995-06-21
·cited 1×
The appellate court reviewed an order compelling an expert witness to appear for a deposition and imposing attorney's fees and costs for failure to appear, addressing the designating party's responsibility for the expert's discovery compliance.
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751 F. Supp. 1323·
M.D. Fla.·
1994-03-31
·cited 1×
The court held that the D'Oench, Duhme doctrine and 12 U.S.C. § 1823(e) barred the plaintiffs' claims based on alleged unwritten promises for end loan financing, and also defeated the plaintiffs' affirmative defenses to the FDIC's counterclaims.
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999 F.2d 211·
7th Cir.·
1993-07-08
·cited 1×
The court held that a district court has the authority to grant a temporary restraining order in an arbitrable dispute to preserve the status quo, but this authority does not extend indefinitely once arbitration has commenced.
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736 F.2d 1134·
7th Cir.·
1984-03-12
·cited 1×
The court held that the plaintiff's suit to enjoin collection of a tax penalty was barred by the Anti-Injunction Act and did not meet the exception criteria.
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Fla. 2d DCA·
2026-08-14
Although Florida Statute § 718.113(8) prohibits associations from categorically prohibiting EV charging station installations by unit owners, installations that materially alter or substantially add to common elements remain subject to the approval requirements of § 718.113(2)(a)
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Fla. 6th DCA·
2026-07-17
A mandatory injunction must include clear, definite, and unequivocally sufficient factual findings supporting each of the four required elements, as mandated by Florida Rule of Civil Procedure 1.610(c).
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Fla. 3d DCA·
2026-06-04
A temporary injunction is an extraordinary remedy that requires the moving party to demonstrate irreparable injury, absence of an adequate remedy at law, a clear legal right to relief, and that the injunction serves the public interest.
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Fla. 5th DCA·
2026-03-06
The NCAA appeals a trial court's issuance of a temporary injunction requiring it to grant Doctor Bradley eligibility to compete in college basketball for the 2025-2026 season, waiving the NCAA's Five-Year Rule. The appellate court quashes the injunction, finding the trial court's
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Del. Super. Ct.·
2026-02-27
Mark III Media and Wyomedia sold twelve broadcast television stations to Big Horn Television and Front Range Television via two asset purchase agreements. The dispute concerns contractual representations regarding access to two transmission sites in Wyoming and the validity of a
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Del. Super. Ct.·
2026-01-30
Middlecap Associates appealed the Town of Middletown's second denial of a conditional use permit for a garden apartment complex. The Delaware Superior Court affirmed the denial, holding that certiorari review of quasi-judicial conditional use permit decisions by a town council is
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Del. Ch.·
2026-01-29
Blackstone sought declaratory judgment and breach of contract damages against NextEra regarding earn-out payments under a purchase and sale agreement for electric infrastructure assets. The Delaware Court of Chancery dismissed for lack of subject matter jurisdiction, holding that
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S.D. Fla.·
2025-11-28
The court granted plaintiffs' motion for entry of final default judgment, finding sufficient basis in the pleadings and evidence for liability and awarding damages and injunctive relief.
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Fla. 4th DCA·
2025-11-19
An ex parte order prohibiting removal or disposal of marital home contents constitutes a temporary injunction that must comply with statutory requirements, including sufficient factual findings, a bond requirement, and an evidentiary hearing on motions to dissolve or modify.
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Fla. 1st DCA·
2025-11-19
Summary judgment was improper because a genuine dispute of material fact exists as to whether a roof with a metal underlayment covered in stone tiles constitutes a prohibited 'metal roof,' and mandatory injunctive relief requiring removal and replacement would be unreasonable if
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13th Cir. Ct. App. Div.·
2025-11-18
In this appellate decision, the court addressed a petitioner's claims for writs of certiorari and mandamus challenging a Building Official's denial of a permit. The court granted motions to dismiss Counts II and III, finding that the permit denial was not a quasi-judicial decisio
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Del. Ch.·
2025-10-31
The Court of Chancery dismissed the plaintiff's complaint for lack of subject matter jurisdiction, finding that the plaintiff failed to properly invoke the court's equitable jurisdiction. The court held that simply requesting injunctive relief or including contractual provisions
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Fla. 3d DCA·
2025-10-22
A petitioner seeking mandamus to compel production of public records must first make a proper request to the correct agency holding the records.
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S.D. Fla.·
2025-10-03
The court granted default judgment for trademark and design patent infringement, awarding permanent injunctive relief and statutory damages.
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S.D. Fla.·
2025-09-19
The court recommended granting Plaintiff's motion for entry of final default judgment against the remaining defendants for trademark and design patent infringement.
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S.D. Fla.·
2025-09-15
The court recommended granting the plaintiff's motion for default final judgment, finding that the plaintiff sufficiently alleged claims for trademark counterfeiting, false designation of origin, cybersquatting, and common law unfair competition and infringement.
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Fla. 4th DCA·
2025-08-27
The Fourth District Court of Appeal affirmed a homeowners association's right to obtain injunctive relief against homeowners for violating restrictive covenants regarding lawn maintenance, holding that an association is not required to prove irreparable harm or lack of adequate r
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M.D. Fla.·
2025-08-06
The court held that the plaintiff's complaint failed to comply with federal pleading standards and lacked subject matter jurisdiction, warranting dismissal without prejudice.
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S.D. Fla.·
2025-07-14
The court granted plaintiffs' renewed motion for default judgment, finding sufficient basis in the pleadings and evidence for liability and awarding statutory damages and injunctive relief.
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S.D. Fla.·
2025-07-09
Deltec Bank & Trust Limited sought a temporary restraining order and preliminary injunction to freeze approximately $20.7 million in funds held by Ibanera LLC and its CEO Michael Carbonara, which Deltec had transferred to Ibanera under a Processing Services Agreement for cross-bo
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Fla. 3d DCA·
2025-06-18
When parties modify a contract through a subsequent agreement on the same subject matter, the later agreement controls to the extent of any repugnancy with the earlier agreement.
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M.D. Fla.·
2025-06-11
The court held that judicial immunity bars claims against judges and that it lacks subject-matter jurisdiction over claims against the private defendant, thus denying the motion for a temporary restraining order and dismissing the complaint.
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13th Cir. Ct. App. Div.·
2025-05-09
A petitioner sought a writ of mandamus to compel the Sheriff of Hillsborough County to investigate or bring charges against individuals for alleged fraud and breach of contract. The court dismissed the petition, holding that mandamus cannot be used to compel discretionary law enf
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Fla. 5th DCA·
2025-05-09
A temporary injunction must be reversed when the moving party fails to establish all four required elements—likelihood of irreparable harm, lack of adequate remedy at law, substantial likelihood of success on the merits, and consideration of the public interest—by competent subst
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13th Cir. Ct. App. Div.·
2025-04-11
Petitioner sought a writ of mandamus to compel Respondent to review an incomplete Zoning Interpretation Application. The court denied the petition, holding that Respondent has no ministerial duty to review an application that fails to include the written explanation required by t
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13th Cir. Ct. App. Div.·
2025-04-11
OE Alloy Paris, LLC sought a writ of mandamus to compel the City of Tampa to issue certificates of occupancy for two single-family homes with 15-foot build-to-line setbacks. The court denied the petition, finding that the Building Official has discretionary authority to withhold
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M.D. Fla.·
2025-04-04
A claim for declaratory relief is properly dismissed with prejudice when it is duplicative of a breach of contract claim and the plaintiff can obtain full and adequate relief through the breach of contract claim.
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Fla. 5th DCA·
2025-03-07
A temporary injunction order is legally insufficient and must be reversed and remanded when it fails to contain clear and sufficient factual findings supporting each of the four required elements and fails to require a bond, as mandated by Florida Rule of Civil Procedure 1.610(b)
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Fla. 3d DCA·
2025-02-19
A seller of a restaurant failed to disclose unpaid sales and use taxes to the buyer. The buyer obtained a preliminary injunction freezing the seller's assets to prevent her alleged flight to Venezuela. The appellate court reversed, holding that a monetary judgment for breach of c