Ex Parte Injunction

80 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Dixie Music Co., Inc. v. Pike
  135 Fla. 671· Fla.· 1938-12-28 ·cited 56×
  In this 1938 Florida case, the Supreme Court reviewed the trial court's ex parte appointment of a receiver and temporary restraining order against a defendant who had allegedly fraudulently transferred assets to a corporation to evade a creditor's judgment. The court affirmed the
• Savage v. Parker
  53 Fla. 1002· Fla.· 1907-01-01 ·cited 43×
  The Florida Supreme Court reversed an interlocutory injunction granted ex parte against an executor accused of mismanaging estate cattle. The court held that the plaintiff's showing was insufficient under applicable law and that the injunction was granted without proper statutory
• Lopez v. Hall
  233 So. 3d 451· Fla.· 2018-01-11 ·cited 42×
  The Florida Supreme Court held that attorney's fees may be awarded under section 57.105 in dating, repeat, and sexual violence injunction proceedings under section 784.046, resolving a conflict among district courts of appeal. The Court rejected the argument that the absence of f
• Allen v. Hawley
  6 Fla. 142· Fla.· 1855-01-01 ·cited 42×
  This case establishes that multiple owners of a merchant vessel hold their interests as partners in a copartnership rather than as tenants in common when the vessel is purchased with partnership funds and is subservient to a partnership business venture. The Florida Supreme Court
• Christine Thomas, M.D. v. Osler Med., Inc.
  963 So. 2d 896· Fla. 5th DCA· 2007-08-24 ·cited 30×
  Dr. Christine Thomas appeals the denial of her motion to dissolve a temporary injunction that barred her from practicing medicine within a 10-mile radius of her former employer's office for two years, enforcing a covenant not to compete. The court affirmed the injunction, holding
• BAY N Gulf, Inc. v. Anchor Seafood, Inc.
  971 So. 2d 842· Fla. 3d DCA· 2007-10-24 ·cited 27×
  Bay N Gulf appealed the trial court's dissolution of a temporary injunction preventing Anchor Seafood from conveying frozen seafood. The court affirmed, holding that a trial court has continuing discretion to dissolve a temporary injunction and that the trial court did not abuse
• Wise v. Schmidek
  649 So. 2d 336· Fla. 3d DCA· 1995-02-01 ·cited 27×
• Fla. High Sch. Activities Ass'n, Inc. v. Benitez
  748 So. 2d 358· Fla. 5th DCA· 1999-12-30 ·cited 25×
  The court held that the trial court erred in granting an ex parte temporary injunction without strict compliance with Florida Rule of Civil Procedure 1.610(a).
• Dade Cnty. Classroom Teachers' Ass'n, Inc. v. Rubin
  238 So. 2d 284· Fla.· 1970-07-29 ·cited 24×
  The Florida Supreme Court affirmed the denial of a motion to quash a contempt rule nisi against the Dade County Classroom Teachers' Association for violating a temporary injunction against a teacher work stoppage. The court held that public employees have no constitutional right
• Cardenas v. Maria Marta Colomer Caceres de Solis
  570 So. 2d 996· Fla. 3d DCA· 1990-09-11 ·cited 22×
  A Florida appellate court upheld a temporary injunction freezing half of a defendant's Miami bank accounts at the request of a Guatemalan family court in a marital property dispute between Guatemalan citizens. The court held that Florida comity principles permit enforcement of ce
• DeLISI v. Smith
  401 So. 2d 925· Fla. 2d DCA· 1981-07-29 ·cited 22×
  A party seeking to sustain an ex parte temporary injunction in a RICO forfeiture action bears the burden of proving sufficient facts at the first hearing directed to the propriety of the order, requiring prima facie proof that the restrained property was used in, intended for, de
• City OF Ormond Beach v. City OF Daytona Beach
  794 So. 2d 660· Fla. 5th DCA· 2001-07-20 ·cited 19×
  The City of Ormond Beach appealed the dissolution of a temporary injunction it had sought against the City of Daytona Beach's annexation of property. The court affirmed the dissolution, holding that municipalities cannot contract away their constitutional and statutory power to a
• Burtman v. Tech. Chems. & Prods., Inc.
  724 So. 2d 672· Fla. 4th DCA· 1999-01-20 ·cited 19×
  The court held that under Florida Statute section 678.401, a plaintiff may pursue both injunctive relief and damages for an issuer's failure to register a securities transfer, rejecting the argument that common law irreparable harm requirements apply to statutory injunctions unde
• Mohamed Shaheed Bacchus v. Heba Bacchus
  108 So. 3d 712· Fla. 5th DCA· 2013-03-01 ·cited 17×
  A husband appeals an order extending a temporary domestic violence injunction for one year. The court reverses, holding that the trial court improperly issued a series of temporary injunctions rather than conducting a full hearing on a permanent injunction, and remands for a prop
• Burtoff v. Alfred Tauber to Laszlo N. Tauber
  85 So. 3d 1182· Fla. 4th DCA· 2012-04-18 ·cited 16×
  Burtoff challenges an order denying his motion for an evidentiary hearing and to dissolve an injunction freezing his bank account. The Florida appellate court reversed because the injunction was issued without proper evidentiary hearing procedures and lacked required factual find
• Rodger Bookall v. Sunbelt Rentals, Inc.
  995 So. 2d 1116· Fla. 4th DCA· 2008-12-03 ·cited 16×
  The court held that an ex parte temporary injunction is invalid if it fails to state the reasons why notice was not required.
• Miller v. Miller
  691 So. 2d 528· Fla. 4th DCA· 1997-03-27 ·cited 16×
  Matthew Miller appeals an order granting a six-month injunction for protection against domestic violence that excluded him from his home and restricted his access to his minor child. The Fourth District Court of Appeal reversed, holding that the trial court violated due process b
• Fla. High Sch. Activities Ass'n, Inc. v. Marsonek
  805 So. 2d 868· Fla. 2d DCA· 2001-09-14 ·cited 14×
  The court held that the trial court erred by granting an ex parte injunction without satisfying the requirements of Florida Rule of Civil Procedure 1.610 regarding notice and findings of irreparable harm.
• Campbell v. Lizabeth Campbell
  584 So. 2d 125· Fla. 4th DCA· 1991-08-07 ·cited 14×
  Former husband appeals a non-final order granting former wife's temporary injunction petition filed under Florida Rule of Civil Procedure 1.610 to restrict his child visitation rights based on fear of domestic violence. The court affirms, holding that while section 741.30 of the
• M.I. Indus. USA Inc. v. Attorneys' Title Ins. Fund, Inc.
  6 So. 3d 627· Fla. 4th DCA· 2009-01-05 ·cited 12×
  M.I. Industries challenges an ex parte injunction freezing its bank accounts and assets pending litigation over alleged illegal land-flipping schemes involving a title insurance fund's member-agent. The court reverses, holding that injunctions freezing commingled bank accounts ar
• Soud v. Kendale, Inc.
  788 So. 2d 1051· Fla. 1st DCA· 2001-04-26 ·cited 12×
  The Florida First District Court of Appeal reversed a temporary injunction granted ex parte against the Jacksonville City Council, holding that the trial court failed to comply with Rule 1.610(a) of the Florida Rules of Civil Procedure, which requires certification of notice effo
• Hotel-Motel v. Black Angus OF Lauderhill, Inc.
  290 So. 2d 479· Fla.· 1974-02-20 ·cited 12×
  The Florida Supreme Court resolved a conflict between District Courts of Appeal regarding whether a party may appeal an ex parte temporary restraining order on labor dispute grounds without first moving to dissolve it. The Court held that such an interlocutory appeal is permissib
• Blackwood v. Anderson
  664 So. 2d 37· Fla. 5th DCA· 1995-12-01 ·cited 11×
  The trial judge lacked jurisdiction to transfer custody or enter a domestic violence injunction against the mother because paternity was not properly established and statutory requirements for injunctions were not met.
• Murray Bieda v. Mimi Bieda
  42 So. 3d 859· Fla. 3d DCA· 2010-08-11 ·cited 10×
  In this family law appeal, a former husband challenges temporary injunctions freezing his bank accounts and a final judgment for support arrearages entered ex parte without notice. The court reversed, finding the injunction orders legally insufficient under Florida Rule of Civil
• Utley v. Baez-Camacho
  743 So. 2d 613· Fla. 5th DCA· 1999-10-15 ·cited 10×
  The Florida appellate court reversed a permanent injunction for protection against repeat violence because the trial court failed to conduct a proper due process hearing on the merits, denying the defendant basic procedural protections including sworn testimony, witness examinati
• Simmons v. Simmons
  698 So. 2d 947· Fla. 4th DCA· 1997-09-17 ·cited 10×
  The appellate court vacated a temporary custody order because it was improperly issued without notice to the non-resident mother. The court found the father's emergency motion lacked sufficient grounds for an ex parte order, particularly regarding allegations of child abuse.
• Dietz v. Dietz
  127 So. 3d 1279· Fla. 1st DCA· 2013-12-17 ·cited 9×
  Matthew Dietz appeals an order extending a temporary domestic violence injunction for six months without a required showing of good cause for continuance. The Florida First District Court of Appeal reversed, holding that extending a temporary injunction requires statutory authori
• S. Fla. ART Theaters, Inc. v. State of Fla. ex rel. Marvin U. Mounts, Jr.
  224 So. 2d 706· Fla. 4th DCA· 1969-06-19 ·cited 9×
  A Florida court upheld an ex parte temporary restraining order against a movie theater operator allegedly showing an obscene film, rejecting constitutional challenges that the obscenity statute was vague and that the emergency injunction procedure violated free speech rights. The
• Kilgore Groves, Inc. v. Mayo
  136 Fla. 615· Fla.· 1939-03-08 ·cited 9×
  The Florida Supreme Court reviewed a lower court's dissolution of a temporary injunction and dismissal of a bill of complaint. The appellate court affirmed the dissolution of the injunction but reversed the dismissal, finding sufficient equity in the bill to proceed.
• Olson v. Olson
  260 So. 3d 367· Fla. 4th DCA· 2018-11-14 ·cited 8×
  A trial court cannot grant a temporary injunction based on an attorney's unsworn statements when a noticed, contested evidentiary hearing is held; sworn testimony or stipulation is required to establish the necessary factual findings.
• Dep't OF Child. & Families v. D.B.D.
  42 So. 3d 916· Fla. 4th DCA· 2010-08-25 ·cited 8×
  The Department of Children and Families (DCF) obtained an ex parte injunction against a father under section 39.504, Florida Statutes, based on allegations that largely mirrored claims the mother had previously made in a pending family court divorce case. The circuit court dismis
• Meyers v. The Club AT Crystal Beach Club, Inc.
  826 So. 2d 1086· Fla. 5th DCA· 2002-10-04 ·cited 8×
  Neil Meyers and his son Jared appealed a trial court's denial of their motion to dissolve a temporary injunction and the vacation of a stipulation in a corporate dispute involving timeshare companies. The Florida Fifth District Court of Appeal affirmed both orders, finding no abu
• Gust Dahlen v. Kramer Mach. & Eng'g Prods. Co.
  303 F.2d 293· 10th Cir.· 1961-06-27 ·cited 8×
  The court held that the order denying the motion to dismiss was not appealable because it was an interlocutory order and the prerequisites for an interlocutory appeal were not met, nor was it an order refusing to dissolve an injunction.
• Spencer v. Spencer
  898 So. 2d 225· Fla. 2d DCA· 2005-03-16 ·cited 6×
  Ronald Spencer appeals an ex parte injunction entered after his marriage was dissolved, which prohibited him from disposing of marital personal property. The appellate court reversed the injunction, holding that while courts retain inherent jurisdiction to enforce their orders, t
• Terence K. Wolfe v. Newton
  310 So. 3d 1077· Fla. 2d DCA· 2020-12-11 ·cited 5×
  The appellate court granted a writ of prohibition against a lower court's order requiring a man to testify at an evidentiary hearing before retrieving his firearms. The court found the lower court lacked jurisdiction to hold such a hearing after the underlying stalking petition w
• Hwy. 46 Holdings, LLC v. Myers
  114 So. 3d 215· Fla. 5th DCA· 2012-11-09 ·cited 4×
  Highway 46 Holdings and two of its members, the Myerses, appealed from an order refusing to dissolve a temporary injunction that had been entered after notice and hearing. The court affirmed the injunction's continuation but reversed the trial court's decision to forgo requiring
• In re Amendments to the Fla. Fam. Law Rules of Procedure
  95 So. 3d 126· Fla.· 2012-07-12 ·cited 4×
  The Florida Supreme Court adopted amendments to the Florida Family Law Rules of Procedure to implement new legislation creating a cause of action for injunctions for protection against stalking. The amendments update multiple rules to add stalking to existing references for domes
• Miryahya Adili v. Adili
  913 So. 2d 1240· Fla. 4th DCA· 2005-11-09 ·cited 4×
• P.T.S. Trading Corp. v. Habie
  673 So. 2d 498· Fla. 4th DCA· 1996-04-17 ·cited 4×
  The court held that the abuse of process action was without basis in law or fact and filed in bad faith, affirming the trial court's summary judgment.
• State OF Ga. v. City OF Chattanooga
  406 F.2d 830· 6th Cir.· 1969-02-06 ·cited 4×
  The court held that the district court erred in dismissing Georgia's complaint for lack of subject matter jurisdiction, as the seizure of property moving in interstate commerce raised substantial federal questions.
• Lerner v. DUM
  220 So. 3d 1202· Fla. 4th DCA· 2017-06-21 ·cited 3×
  A husband in a pending dissolution action appealed an ex parte temporary injunction prohibiting him from conducting specified financial transactions. The court affirmed the issuance of the injunction as legally sufficient but reversed and remanded regarding the trial court's fail
• Andrist v. Spleen
  142 So. 3d 950· Fla. 4th DCA· 2014-07-16 ·cited 3×
  In this defamation case, appellants (stand-up comedians) appealed an order limiting their damages from a wrongfully issued ex parte temporary injunction to the $100 bond amount. The court held that where an injunction is obtained ex parte without notice and the enjoined party pro
• Palma Plaza Owners' Ass'n, Inc. v. Cummings & Lockwood
  706 So. 2d 1376· Fla. 4th DCA· 1998-02-25 ·cited 3×
• Price v. Taylor
  298 So. 3d 654· Fla. 4th DCA· 2020-06-10 ·cited 2×
  When a domestic violence injunction is effectively entered ex parte because the opposing party did not have an opportunity to testify at the initial hearing through no fault of his own, he may challenge the initial grant of the injunction on a motion to dissolve and present evide
• Soldatich v. Gregory Jones O/B/O Raymond John Jones
  290 So. 3d 497· Fla. 4th DCA· 2020-01-22 ·cited 2×
  A trial court's oral pronouncement controls over its written order, and when a written order contains findings not included in the oral pronouncement and not consented to by the respondent, the order must be amended to strike those findings. The circuit court erred in entering fo
• Ralicki v. 998 SW 144 Court RD, LLC
  254 So. 3d 1155· Fla. 5th DCA· 2018-09-07 ·cited 2×
  Appellants Ralicki and Mawhinney challenged an ex parte emergency injunction granted to 998 SW 144 Court Rd, LLC to prevent their removal of property fixtures and access during a foreclosure proceeding. The Florida Fifth District Court of Appeal affirmed the injunction but remand
• Jamila Takiyak Hunter v. Booker
  133 So. 3d 623· Fla. 1st DCA· 2014-03-07 ·cited 2×
  Hunter sought a writ of prohibition to challenge a trial court order that dismissed her domestic violence injunction petition but nonetheless imposed a temporary parenting plan with rotating custody. The appellate court granted the petition for writ of certiorari, holding that th
• Porter v. Hoeft
  951 So. 2d 51· Fla. 2d DCA· 2007-03-07 ·cited 2×
  The Florida District Court of Appeal reversed a permanent repeat violence injunction issued against Shirley Porter, the paternal grandmother of the petitioner's child. The court held that the circuit court failed to conduct a proper full evidentiary hearing by refusing to allow P
• Kailin HU v. Haitian HU
  942 So. 2d 992· Fla. 5th DCA· 2006-12-01 ·cited 2×
  The Fifth District Court of Appeal reversed a trial court's grant of an ex parte temporary injunction in a business dispute between a father and daughter over their shared computer accessories distribution company. The court held that the plaintiff's pleadings were legally insuff
• Smith v. Crider
  932 So. 2d 393· Fla. 2d DCA· 2006-04-07 ·cited 2×
  Mother appealed an order denying her motion to dissolve an ex parte temporary injunction that modified a final dissolution judgment by awarding father temporary sole parental responsibility and prohibiting mother from removing the children from jurisdiction. The appellate court r