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M.D. Fla.·
2020-02-14
The court held that the plaintiff sufficiently alleged claims for RESPA violations, negligence, and equitable accounting, thus denying the defendant's motion to dismiss.
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Del. Ch.·
2020-01-06
The Court of Chancery granted the defendants' motion to dismiss for lack of subject matter jurisdiction, finding that the plaintiff's request for specific performance was insufficient to confer equitable jurisdiction. The court determined that monetary damages and declaratory rel
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S.D. Fla.·
2019-12-26
Summary judgment is granted for defendants on most claims because no genuine dispute of material fact exists, Pennsylvania law applies, and the lease agreement's terms preclude claims for fraud and rescission. Plaintiffs' motion to strike affidavits is granted.
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M.D. Fla.·
2019-12-06
A state court judge is immune from suit for damages and injunctive relief under § 1983 for actions taken in her judicial capacity, as the plaintiff has an adequate remedy at law through appeal.
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Fla. 3d DCA·
2019-09-25
A trial court does not abuse its discretion in denying a temporary injunction when the moving party fails to establish a clear legal right to relief and irreparable harm, and when adequate remedies at law exist for quantifiable damages such as lost rental income.
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Fla. 4th DCA·
2019-08-07
An insurer may enforce appraisal and repair provisions of an insurance policy through a counterclaim for specific performance, even after the insureds file suit, though a request for temporary injunction must be dismissed if it fails to allege irreparable harm.
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Fla. 3d DCA·
2019-07-24
The appellate court affirmed a lower court's decision, ruling that a toll authority (MDX) has the proper authority to charge tolls to trailers using its roadways. The court found that the trailer leasing company (Tropical) failed to demonstrate a clear legal right to relief, irre
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Fla. 3d DCA·
2019-07-24
The appellate court affirmed the trial court's decision, holding that the Miami-Dade Expressway Authority (MDX) has the statutory authority to charge tolls to trailers using its roadways. The court found that Tropical Trailer Leasing failed to demonstrate a clear legal right to r
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Del. Ch.·
2019-03-26
The Court of Chancery lacks subject matter jurisdiction over Takeda's claims for declaratory relief and an anti-suit injunction because Takeda has an adequate remedy at law by asserting its purported license as a defense in the ongoing European patent infringement litigation. The
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Del. Ch.·
2018-10-05
The Court of Chancery denied the county defendants' motion to dismiss Count III of the complaint, finding that it possesses subject matter jurisdiction over the claim that the counties are violating the statutory "Market Value Requirement" by using decades-old property assessment
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Fla. 4th DCA·
2018-08-24
A candidate for judicial office may appear on the ballot under a hyphenated form of his name absent evidence of fraudulent intent to deceive voters or create confusion with another candidate. The appellant failed to establish the elements required for a temporary injunction, part
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253 So. 3d 1183·
Fla. 2d DCA·
2018-08-15
A temporary injunction directing payment of withheld revenues in a breach of contract dispute is an abuse of discretion where money damages provide an adequate remedy at law. Additionally, an injunction must include specific factual findings supporting each of the four required e
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246 So. 3d 571·
Fla. 3d DCA·
2018-06-27
A writ of prohibition is premature when a petitioner has an adequate remedy available in the trial court, such as a motion to dismiss for violation of the statutory thirty-day trial commencement requirement under the Ryce Act.
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228 So. 3d 726·
Fla. 5th DCA·
2017-10-27
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9th Cir. Ct. App. Div.·
2017-09-29
Petitioner Zeinab Abbas sought certiorari review of a trial court's denial of her motion to strike portions of a foreclosure complaint as sham pleadings. The appellate court summarily denied the petition, holding that any error in the trial court's order could be corrected on dir
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220 So. 3d 562·
Fla. 5th DCA·
2017-06-16
Janie Lerma-Fusco, as personal representative of her deceased husband Franco Fusco's estate, appealed orders setting aside a strike of creditors' claim and granting a temporary injunction freezing estate assets. The Fifth District Court of Appeal dismissed the first appeal as non
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Del. C.P.·
2016-12-07
The Court held that the contract was void ab initio due to material ambiguities in its terms, specifically regarding the duration of the layaway and the application of payments. Consequently, the Court found that the defendant was unjustly enriched by the payments received from t
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207 So. 3d 331·
Fla. 3d DCA·
2016-11-23
Aligned Bayshore Marina appeals a trial court's temporary injunction order. The court quashes the injunction because it fails to comply with Florida Rule of Civil Procedure 1.610, specifically by lacking required factual findings explaining the reasons for entry and failing to re
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Del. Ch.·
2015-07-14
The Court of Chancery has subject matter jurisdiction over the plaintiffs' claims seeking to enjoin the requirement that they wear GPS monitor ankle bracelets and declare the governing statute unconstitutional. The court found that the plaintiffs' primary relief sought was equita
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Del. Ch.·
2014-09-05
The Court of Chancery granted the City's motion to dismiss. The court found that the plaintiff, Walker, had standing to pursue claims under the Delaware Fair Housing Act (DFHA) as an "aggrieved person" due to his association with the property and his indirect financial injury. Ho
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849 F. Supp. 2d 1332·
S.D. Fla.·
2014-01-03
The court granted in part and denied in part the defendant's motion to compel, based on his refusal to participate in a hearing.
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113 So. 3d 1036·
Fla. 5th DCA·
2013-05-31
The court held that a party seeking a temporary injunction must demonstrate specific findings, which the trial court failed to do.
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Del.·
2013-05-29
The Delaware Supreme Court affirmed the Court of Chancery's denial of the defendant's motion to vacate a default judgment and anti-suit injunction. The court held that the forum selection clause was valid and enforceable, and that the defendant's arguments regarding lack of perso
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Del. Ch.·
2012-10-31
The court affirmed the dismissal of the employer's complaint, holding that the employer failed to exhaust its administrative remedies before seeking judicial relief. The court found that the dispute over worker classification fell within the scope of administrative review and tha
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16 A.F.T.R.2d (RIA) 5046·
S.D. Fla.·
2012-06-26
The court severed the claims of over 250 plaintiffs under Rule 21 of the Federal Rules of Civil Procedure to manage the case.
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77 So. 3d 691·
Fla. 3d DCA·
2011-11-09
The Third District Court of Appeal affirmed a trial court's grant of a temporary injunction removing defendants from their positions at a local chapter of a Chinese merchants association and reinstating the plaintiff as co-president. The court upheld the injunction after defendan
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57 So. 3d 987·
Fla. 2d DCA·
2011-04-01
The estate of Charles Henry Warner appealed a trial court's denial of its petition for an alternative writ of mandamus seeking to compel Lee County to disburse excess funds from a tax deed sale. The appellate court affirmed the denial because the estate had an adequate remedy at
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Del. Ch.·
2011-01-28
The court denied the investor's motion for a temporary restraining order (TRO) or preliminary injunction, finding the claim barred by laches due to unreasonable delay and prejudice to the opposing parties. Additionally, the court found the investor failed to demonstrate a probabi
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Del. Ch.·
2009-02-27
The Court granted summary judgment for the defendants, finding that the plaintiff's claim for reformation of contract failed because the attorney who agreed to the amendment had the authority to bind the plaintiff, and his alleged conflict of interest was insufficient to preclude
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982 So. 2d 1288·
Fla. 4th DCA·
2008-06-11
The State of Florida sought a writ of certiorari to overturn a trial court's order excluding a key state witness, former Detective Christopher Zapata, from testifying against another former detective, Lee Martin, who was charged with official misconduct and falsification of polic
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9th Cir. Ct. App. Div.·
2008-03-04
In this certiorari review, the court quashed the Orlando Human Relations Board's denial of a protective order sought by Concord, an apartment complex, to prevent disclosure of lease files and applicant information in housing discrimination complaints. The court found that the OHR
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547 F. Supp. 2d 1262·
S.D. Fla.·
2008-01-03
The court held that a permanent injunction is not an available remedy under Federal Rule of Civil Procedure 69 to aid in the collection of a money judgment, as it is not contemplated by the rule or applicable state statutes, and equitable relief requires the absence of an adequat
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Del. Ch.·
2007-11-02
The Court held that the Second Amendment to the Purchase Agreement imposed an unqualified obligation on Robino to obtain Value City's consent, and that Robino breached this obligation by failing to do so. However, the Court denied West Willow's request for specific performance, f
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9th Cir. Ct. App. Div.·
2007-10-24
The Orange County Sheriff sought certiorari relief from a county court order requiring him to produce an Intoxilyzer 8000 machine for inspection in 29 consolidated DUI cases. The Ninth Judicial Circuit granted the petition, finding the county court lacked personal jurisdiction an
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972 So. 2d 872·
Fla. 3d DCA·
2007-09-19
Lennar Homes appealed a trial court judgment granting declaratory relief and specific performance to Dorta-Duque for breach of a settlement agreement. The court held that Lennar's obligations under the settlement were not excused because the contingencies specified in the agreeme
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Del. Ch.·
2006-08-14
The Court of Chancery should deny the motion to dismiss for failure to join indispensable parties, as the condominium association adequately represents the unit owners' interests in common elements. However, the Court should grant the motion to dismiss Counts II and III, which se
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Del. Super. Ct.·
2006-08-04
The Court held that it would be imprudent to issue a writ of prohibition or grant a declaratory judgment because the determination of when the statute of limitations begins to run involves factual disputes that are not yet resolved by the Industrial Accident Board. The Court foun
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920 So. 2d 161·
Fla. 1st DCA·
2006-02-03
Margaret Townsend appeals a temporary injunction issued to protect partnership assets (a tobacco allotment) from being paid directly to her by the federal government. The First District Court of Appeal reversed and quashed the injunction, holding that the trial court failed to ma
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931 So. 2d 927·
Fla. 3d DCA·
2006-01-18
An order establishing that a claimant has standing in a forfeiture proceeding is not an appealable non-final order.
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Del. Ch.·
2005-04-18
The Court of Chancery granted the defendants' motion to dismiss, holding that the plaintiffs' claims regarding the removal of CAPROC Manager as the Managing Shareholder were subject to arbitration under the broad arbitration clause in the LLC Agreement. The court found that the d
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Del. Ch.·
2004-05-28
The Court of Chancery has jurisdiction over a breach of contract claim seeking specific performance when the plaintiff demonstrates that there is no adequate remedy at law due to the unique nature of the contract and the speculative nature of calculating damages. Summary judgment
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Del. Super. Ct.·
2004-04-07
The court held that a writ of mandamus was inappropriate because the petitioner did not have a clear legal right to the relief sought. The court found that the act of approving a record major plan as to form was non-discretionary, but the crucial issue was whether the letter from
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868 So. 2d 686·
Fla. 5th DCA·
2004-04-02
Florida appellate court quashed a temporary injunction because the trial court failed to make the requisite factual findings supporting the four preliminary injunction criteria.
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Del. Ch.·
2003-07-02
The Court of Chancery granted DuPont's motion to dismiss for lack of subject matter jurisdiction. The court found that the plaintiff's claim, though labeled as negligent or innocent misrepresentation, was in substance a breach of contract or promissory estoppel claim, for which a
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829 So. 2d 963·
Fla. 3d DCA·
2002-10-30
Bacardi U.S.A. and MHW, Ltd. appealed a temporary injunction that mandatorily enforced an alleged oral agreement concerning New York State liquor distribution rights. The court reversed, holding that the purported contract was too indefinite to enforce, contrary to New York law,
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824 So. 2d 286·
Fla. 4th DCA·
2002-08-21
The court held that the trial court erred in denying a motion for temporary injunction based on procedural misinterpretations and an incorrect assessment of the adequacy of legal remedies.
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Del.·
2001-10-23
The Court of Chancery had jurisdiction to appoint a guardian for the minor child. The Court of Chancery's statutory authority to appoint guardians for disabled persons, as defined by age, is not divested by the Family Court's jurisdiction over child protection and medical consent
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765 So. 2d 823·
Fla. 4th DCA·
2000-08-09
Punie sought rescission of a real estate sales contract based on her unilateral mistake about the property being purchased, or alternatively, damages against the real estate agent. The trial court granted a directed verdict against the rescission claim while allowing a $22,000 da
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752 So. 2d 1225·
Fla. 4th DCA·
2000-02-16
The court held that the trial court did not err in granting a temporary injunction without notice or a bond, and in denying the motion to dissolve it.
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714 So. 2d 642·
Fla. 4th DCA·
1998-07-29
The appellate court reversed the summary judgment for Oviatt Marine, finding genuine issues of material fact, and dismissed the appeal as premature regarding other defendants.