-
Fla. 3d DCA·
2022-08-31
The appellate court reversed a summary judgment for unjust enrichment, holding that the plaintiffs failed to establish a direct benefit conferred upon the defendant partnership, which is a necessary element for such a claim. The court emphasized the distinct legal identities of t
-
Fla. 4th DCA·
2022-08-24
A temporary injunction restricting speech based on tortious interference with business relationships may be upheld when the prerequisites are met and the limited exception to prior restraint applies, but the trial court must make explicit findings on the public interest element,
-
Fla. 4th DCA·
2022-08-24
-
Fla. 3d DCA·
2022-08-10
An equitable lien based on unjust enrichment cannot be pursued when an express contract governs the underlying debt, and a party with an adequate remedy at law—here, a judgment already obtained—is not entitled to equitable relief.
-
Fla. 4th DCA·
2022-08-10
-
Del. Ch.·
2022-06-21
The Court of Chancery dismissed the breach of fiduciary duty claim against the CEO for failure to state a claim, finding it conclusory and lacking factual support. The court also dismissed the remaining claims for conversion, unjust enrichment, and negligence for lack of subject
-
N.D. Fla.·
2022-06-06
The court recommended denying the motion for a preliminary injunction.
-
337 So. 3d 484·
Fla. 2d DCA·
2022-04-13
This case concerns whether a property owners association was entitled to attorney's fees after voluntarily dismissing a lawsuit seeking a mandatory injunction. The appellate court found the association was not the prevailing party because the lawsuit should have been dismissed ea
-
S.D. Fla.·
2022-03-28
The court granted in part and denied in part the plaintiffs' motion for default judgment, finding sufficient allegations for copyright infringement, DMCA violations, and trademark infringement against the LiquidVPN Defendants.
-
S.D. Fla.·
2022-03-22
Swiss luxury watch manufacturers Omega SA, Blancpain SA, Longines, and seven other brands sued unnamed defendants operating counterfeit e-commerce websites selling fake versions of their trademarked watches. The court entered default judgment against all defendants after they fai
-
S.D. Fla.·
2022-03-08
The court held that summary judgment is granted for equitable claims duplicative of contract claims, but denied for claims where material facts remain in dispute, such as breach of contract and unjust enrichment related to chargebacks.
-
Fla. 3d DCA·
2022-03-02
The City of Miami Beach appealed a preliminary injunction granted in favor of the Clevelander Ocean, L.P., restraining enforcement of two ordinances: one rolling back alcohol sales hours and another repealing a decades-old noise exemption. The trial court found the Alcohol Sales
-
Del. Ch.·
2022-02-28
The Court of Chancery granted the District's motion to dismiss for lack of subject matter jurisdiction, finding that the Owner's claims for declaratory judgment and injunctive relief did not establish equitable jurisdiction. The court determined that issues of statutory interpret
-
Fla. 3d DCA·
2022-02-16
Seissa Belmondo appeals a trial court order granting temporary injunctive relief against her for allegedly making defamatory statements about Dr. Edy Amisial. The Third District Court of Appeal reversed, holding that temporary injunctive relief is generally unavailable to prohibi
-
S.D. Fla.·
2022-01-19
The court granted the motion to dismiss, dismissing the claims for declaratory judgment and negligence.
-
13th Cir. Ct. App. Div.·
2021-11-30
Dante sought a writ of mandamus to compel the City of Tampa to provide public records without charging a clerical fee for reviewing those records to redact exempt information. The court denied the petition, holding that Florida law clearly authorizes agencies to charge reasonable
-
Fla. 3d DCA·
2021-11-24
Barbara Namon, as personal representative of her late husband's estate, appealed the denial of a motion for temporary injunction seeking to recover a valuable Winslow Homer painting from Sotheby's. The decedent's children claimed ownership through an inter vivos gift, while Barba
-
M.D. Fla.·
2021-11-22
A plaintiff seeking preliminary injunctive relief must establish irreparable harm, which cannot be remedied by monetary damages.
-
Fla. 3d DCA·
2021-11-03
AmeriGas Propane appeals a trial court's denial of a motion for temporary injunctive relief against former employee Nelson Sanchez and his new employer Blossman Gas for alleged breach of non-compete and non-solicitation agreements. The appellate court reverses, finding that Ameri
-
S.D. Fla.·
2021-10-15
The court held that a federal habeas petition challenging ongoing state criminal proceedings must be dismissed under the Younger abstention doctrine and for failure to state a claim.
-
S.D. Fla.·
2021-09-21
The court granted plaintiff's motion for a preliminary injunction, enjoining defendants from manufacturing, selling, or distributing infringing products and from concealing assets.
-
Fla. 1st DCA·
2021-09-15
A defendant charged with drug felonies and resisting an officer sought a writ of certiorari to quash a trial court order compelling disclosure of his cell phone passcode for execution of a search warrant, arguing it violated the Fifth Amendment. The court dismissed the petition f
-
S.D. Fla.·
2021-09-13
The court held that the plaintiff's negligence claim was duplicative of the breach of contract claim, the breach of contract claim failed to identify specific breached provisions, the unjust enrichment claim was barred by the adequate remedy at law, and the limitation of liabilit
-
Fla. 5th DCA·
2021-09-02
Lillian Curvey appeals the denial of her motion to dissolve a temporary injunction prohibiting her from making allegedly false and defamatory statements about Avante Group, Inc. The court holds that the injunction constitutes an unconstitutional prior restraint on speech and reve
-
Fla. 3d DCA·
2021-07-28
Property owners appealed the trial court's denial of a temporary injunction to halt Miami-Dade County's processing of a City of Miami Gardens annexation application. The appellants argued the annexation application was defective due to alleged violations of notice and financial i
-
Del. Ch.·
2021-07-08
The Court of Chancery dismissed the case for lack of subject matter jurisdiction, finding that the plaintiff had adequate remedies at law. The court determined that the requested injunctions were either unavailable because they sought to compel compliance with the law or were ade
-
S.D. Fla.·
2021-06-15
The court granted plaintiff's motion for default judgment, finding sufficient basis for liability and awarding statutory damages and injunctive relief.
-
Fla.·
2021-05-27
The Florida Supreme Court reversed an appellate decision upholding a temporary injunction that blocked enforcement of medical marijuana licensing requirements, holding that Florigrown failed to demonstrate a substantial likelihood of success on the merits of its constitutional ch
-
M.D. Fla.·
2021-04-26
The court held that a claim for specific performance to compel appraisal is a valid cause of action, but a breach of contract claim must allege general damages, not just consequential damages from delay.
-
Fla. 4th DCA·
2021-04-21
Appellants challenged a trial court's nonfinal order granting a temporary injunction requiring them to remove their boat from a boat lift. The appellate court reversed, finding that appellees failed to present competent, substantial evidence supporting the required elements for i
-
Fla. 4th DCA·
2021-04-21
The appellate court reversed a temporary injunction that ordered the removal of a boat, finding that the party seeking the injunction failed to present sufficient evidence to support the required legal elements. The case was remanded for an evidentiary hearing.
-
S.D. Fla.·
2021-03-26
The court granted Plaintiff's motion for default judgment, awarding statutory damages and injunctive relief against defendants for trademark infringement and unfair competition.
-
Fla. 3d DCA·
2021-03-24
A temporary injunction against former employees and their new employer was properly issued where the former employees violated enforceable restrictive covenants and confidentiality clauses in their employment agreements by soliciting the former employer's agents and policyholders
-
Del. Ch.·
2021-03-05
The Delaware Court of Chancery granted in part and denied in part defendants' motion to dismiss. The court dismissed the fraud claim against defendant Ericson for lack of personal jurisdiction, finding he did not have sufficient minimum contacts with Delaware. The court denied Wi
-
Fla. 4th DCA·
2021-03-03
A temporary injunction entered without proper pleading and without an evidentiary hearing violates due process. Appellants were entitled to a prejudgment writ of replevin for the checkbook and check card of a bank account in the corporation's name, as the Treasurer under the byla
-
Fla. 2d DCA·
2021-01-22
The appellate court affirmed the trial court's denial of a writ of mandamus, but without prejudice. The petitioner failed to attach a copy of his public records request to his petition, which is required for facial sufficiency. The case clarifies the procedural requirements for m
-
Fla. 1st DCA·
2020-12-21
The appellate court dismissed petitions for certiorari filed by state officials seeking to quash trial court orders denying their motions to dismiss. The court found it lacked jurisdiction because the petitioners failed to demonstrate irreparable harm that could not be corrected
-
S.D. Fla.·
2020-12-08
The court held that the complaint adequately states claims for breach of contract and breach of the implied covenant of good faith and fair dealing, and that it has subject matter jurisdiction.
-
S.D. Fla.·
2020-11-10
The court denied Acheron's motion to void or suspend the Services Agreement, finding that Acheron must bring a separate action for breach of the March 2015 Agreement and that the Services Agreement is not a Servicing Agreement.
-
Fla. 3d DCA·
2020-11-04
Executive Order 20-244 does not expressly preempt local government curfews because the order's prohibition on measures that "prevent an individual from working or from operating a business" applies only to enactments that prohibit or shut down businesses altogether, not to time-o
-
Fla. 4th DCA·
2020-10-21
The Florida Supreme Court discharged a writ of certiorari, finding it improvidently issued, as there was no conflict between appellate decisions concerning the zoning of Mayflower Property's land.
-
Fla. 3d DCA·
2020-10-14
The appellate court reversed a trial court's denial of a preliminary injunction, finding that the employer had a substantial likelihood of success on the merits in enforcing non-compete and non-solicitation agreements against former employees. The court determined that the restri
-
Del. Ch.·
2020-09-23
The Court of Chancery should deny the homeowner's motion for default judgment and the property owners association's motion to dismiss. Entry of default judgment is discretionary and not warranted here due to ongoing settlement discussions and lack of prejudice. While statutory ju
-
M.D. Fla.·
2020-08-21
The court held that plaintiffs failed to demonstrate irreparable injury, as an adequate remedy for compensation exists, thus denying their motion for a temporary restraining order.
-
Fla. 1st DCA·
2020-06-25
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
-
Fla. 1st DCA·
2020-05-20
The appellate court affirmed the trial court's denial of a temporary injunction. The court found that while the plaintiff might have a valid claim, monetary damages were an adequate remedy, making the extraordinary relief of an injunction unnecessary at this stage.
-
Fla. 2d DCA·
2020-04-15
The appellate court granted a petition for writ of certiorari, quashing a lower court's order that denied a motion to compel depositions and granted a protective order. The court found the lower court departed from the essential requirements of law by failing to make findings on
-
M.D. Fla.·
2020-04-09
The court held that the defendants' motion to dismiss should be granted in part and denied in part, allowing claims for civil theft, specific performance, breach of contract, common-law fraud, and some aspects of declaratory relief to proceed.
-
Fla. 4th DCA·
2020-03-04
A circuit court granted a motion to compel a law firm to hold anticipated attorneys' fees in trust pursuant to Florida Bar Rule 5-1.1(f), based on a collateral agreement with a pension fund manager. The appellate court reversed, holding that professional conduct rules do not crea
-
M.D. Fla.·
2020-02-14
The court denied the motion for a temporary restraining order or preliminary injunction because the evidence was in equipoise and the plaintiff failed to demonstrate a likelihood of success on the merits or irreparable harm without an adequate remedy at law.