Injunction Bond

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

• Herschel Levy v. Gourmet Masters, Inc.
  214 So. 2d 82· Fla. 3d DCA· 1968-03-26 ·cited 14×
  In this corporate stockholder dispute, the court reversed a judicial sale of Gourmet Masters, Inc. assets for $4,500 due to inadequate price and failure to disclose the nature and amount of assets being sold. The court also reversed a temporary injunction issued against judgment
• Ruth v. United States Fid. & Guar. Co.
  83 So. 2d 769· Fla.· 1955-11-23 ·cited 14×
  The Florida Industrial Commission lacks jurisdiction to review a deputy commissioner's compensation order if the application for review is filed with the commission more than twenty days after copies of the order were mailed to the parties.
• Fuller v. Emory H. Cason
  26 Fla. 476· Fla.· 1890-06-01 ·cited 14×
  Fuller and others appeal an injunction granted by the lower court at the request of attorney Cason, who sought to prevent the sale and slaughter of cattle allegedly transferred fraudulently by his debtor Mary Fuller. The Florida Supreme Court reversed, holding that the injunction
• Jaffe v. Bank of Am., N.A.
  667 F. Supp. 2d 1299· S.D. Fla.· 2009-08-28 ·cited 13×
  The court held that the plaintiff failed to prove his claims against the bank for negligent misrepresentation, breach of fiduciary duty, and equitable estoppel, as the evidence did not support his allegations of oral assurances contrary to the written letter of credit.
• Nat'l Kidney Patients Ass'n v. Louis W. Sullivan, M.D.
  958 F.2d 1127· D.C. Cir.· 1992-03-13 ·cited 12×
  The court held that the district court lacked jurisdiction to issue the preliminary injunction because the plaintiff failed to exhaust administrative remedies as required by the Social Security Act, which governs Medicare appeals.
• Blumenthal v. Merrill Lynch
  910 F.2d 1049· 2d Cir.· 1990-08-08 ·cited 12×
  A district court has jurisdiction to issue a preliminary injunction pending arbitration, and if arbitrators later dissolve the injunction, it may be deemed 'wrongful,' allowing recovery on the injunction bond.
• Oakwood Manor, Inc. v. ECK
  358 So. 2d 585· Fla. 2d DCA· 1978-05-10 ·cited 12×
  Oakwood Manor appeals a judgment denying damages on an injunction bond posted by S & E Enterprises when S & E obtained a temporary injunction against Oakwood in 1971. The court reverses and remands, holding that the dismissal of S & E's underlying suit does not automatically esta
• Salim Tabsch v. Nojaim
  548 So. 2d 851· Fla. 3d DCA· 1989-09-12 ·cited 11×
  The court held that while an injunction was appropriate, the trial court erred in not allowing sufficient funds for corporate obligations and in failing to require an injunction bond.
• Seven-Up Bottling Co. OF Miami, Inc. v. George Constr. Corp.
  166 So. 2d 155· Fla. 3d DCA· 1964-07-07 ·cited 11×
  The court held that the summary final decree must be reversed because it was entered without the required ten-day notice for the summary judgment hearing and the attorney's fee was awarded without proper notice and testimony. The court also held that the denial of the motion to j
• Leibowitz v. The City OF Miami Beach
  683 So. 2d 204· Fla. 3d DCA· 1996-11-27 ·cited 10×
  The Leibowitzes obtained a temporary injunction against Miami Beach, but the city dissolved it and sought attorney's fees. The court upheld the award of fees exceeding the bond amount but reversed because the trial court improperly based the hourly rate on the city attorney's sal
• AOT, Inc. v. Hampshire Mgmt. Co.
  653 So. 2d 476· Fla. 3d DCA· 1995-04-12 ·cited 10×
  AOT, Inc. appealed the setting of an injunction bond in a case involving competing flea market operations in a shopping center. The court affirmed the temporary injunction but reversed the bond amount because the trial court failed to follow proper procedures by allowing both par
• Med. Facilities Dev., Inc. v. Little ARCH Creek Props., Inc.
  656 So. 2d 1300· Fla. 3d DCA· 1995-03-15 ·cited 10×
  Medical Facilities Development, Inc. filed a lis pendens against property owned by Little Arch Creek Properties, Inc. to preserve its claim in a specific performance action, preventing LACPI from completing a sale to another buyer. The Florida District Court of Appeal affirmed th
• Medtronic, Inc. v. Janss
  729 F.2d 1395· 11th Cir.· 1984-04-16 ·cited 10×
  The court affirmed the district court's finding that Janss violated the non-competition agreement and dismissed the appeal concerning post-injunction activity as moot.
• McGOVERN v. Amira
  328 So. 2d 862· Fla. 4th DCA· 1976-03-12 ·cited 10×
• Int'l Longshoremen's Ass'n, Local 1416, AFL-CIO v. E. S.S. Lines, Inc.
  206 So. 2d 473· Fla. 3d DCA· 1968-01-30 ·cited 10×
  The court held that it was error to cancel an injunction bond and release the surety while a separate appeal from the final decree making the injunction permanent was still pending.
• Solex Labs., Inc. v. Plastic Contact Lens Co.
  268 F.2d 637· 7th Cir.· 1959-06-24 ·cited 10×
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction against the patent owner for misrepresenting patent rights and harassing customers, nor in setting the bond amount.
• Bechik Prods., Inc. v. Flexible Prods., Inc.
  225 F.2d 603· 2d Cir.· 1955-08-09 ·cited 10×
  An injunction restraining the institution of suits against a patent infringer's customers may issue only on condition that the infringer furnish a bond to cover any pecuniary award to the patentee.
• Jacquelyn Pinder v. Pinder
  817 So. 2d 1104· Fla. 2d DCA· 2002-06-14 ·cited 9×
  In the second appeal of this dissolution of marriage case, the former wife challenged the trial court's interpretation of appellate instructions regarding lump sum alimony and a temporary restraining order on her out-of-state property. The appellate court held it lacked jurisdict
• Lorie v. C.L.N.
  757 So. 2d 610· Fla. 3d DCA· 2000-05-17 ·cited 9×
  The court held that a voluntary dismissal of a suit does not automatically entitle the plaintiff to the return of an injunction bond, and the defendant may recover damages from the bond if the injunction was wrongfully issued.
• Flickenger v. R.J. Fitzgerald & Co., Inc.
  732 So. 2d 33· Fla. 2d DCA· 1999-04-30 ·cited 9×
  Appellants challenge a temporary injunction enforcing restrictive covenants in their employment agreement with a commodities brokerage firm. The court affirms the injunction but reduces the three-year non-compete period to two years as presumptively unreasonable under Florida law
• Gaeta Cromwell, Inc. v. Banyan Lakes Vill.
  523 So. 2d 624· Fla. 4th DCA· 1988-03-02 ·cited 9×
  This appeal concerns whether "Congress Park" qualifies as a protected trade name under Florida's dilution statute. The court affirmed a temporary injunction preventing appellants from using the trade name "Congress Park" for their office complex, finding that appellees' prior use
• Cermesoni v. Maneiro
  144 So. 3d 627· Fla. 3d DCA· 2014-08-06 ·cited 8×
  In a family law matter where an Argentine court issued a freeze order on Miami bank accounts via letters rogatory, the Florida appellate court affirmed the trial court's denial of the defendant's motion to increase the injunction bond, holding that Florida's ancillary role in enf
• City OF Sunny Isles Beach v. Temple B'Nai Zion, Inc.
  43 So. 3d 904· Fla. 3d DCA· 2010-09-08 ·cited 8×
  The trial court abused its discretion by issuing a de facto injunctive order that failed to comply with the legal requirements of Rule 1.610 of the Florida Rules of Civil Procedure.
• Magdalena Santos v. Tampa Med. Supply
  857 So. 2d 315· Fla. 2d DCA· 2003-10-10 ·cited 8×
  Former employee Santos appealed a temporary injunction restraining her from competing against her former employer Tampa Medical Supply in violation of a noncompete agreement. The court affirmed the injunction's entry but remanded for proper findings of fact and bond setting, find
• Jones v. Sterile Prods. Corp. & Nat'l Fire Ins. Co. of Hartford
  658 So. 2d 1099· Fla. 5th DCA· 1995-07-14 ·cited 8×
  The affirmance of a temporary injunction does not, as a matter of law, preclude a subsequent claim for wrongful injunction, and an appeal of a permanent injunction order stays the discharge of the associated bond.
• Richardson v. Upchurch
  452 So. 2d 1117· Fla. 2d DCA· 1984-07-13 ·cited 8×
• Calder Race Course, Inc. v. Gaitan
  430 So. 2d 975· Fla. 3d DCA· 1983-05-10 ·cited 8×
  Attorneys' fees for wrongful injunction dissolution are recoverable only in a separate action on the injunction bond, but costs should generally follow the result of the litigation.
• Fireman's Fund Ins. Co. v. S. E. K. Constr. Co., Inc.
  436 F.2d 1345· 10th Cir.· 1971-01-12 ·cited 8×
  The court held that a surety cannot maintain an equitable action quia timet to prevent a bank from disposing of contract proceeds when the contractor was not in default, and that attorneys' fees are not recoverable under federal law for a wrongfully issued injunction bond in a di
• Dubner v. Ferraro
  242 So. 3d 444· Fla. 4th DCA· 2018-04-11 ·cited 7×
  A temporary mandatory injunction must comply with Florida Rule of Civil Procedure 1.610(c) by including specific findings for each element of the injunction standard, must include a bond absent recognized exceptions, and must be supported by evidence of irreparable harm and a sub
• Gray v. Gray
  958 So. 2d 955· Fla. 1st DCA· 2007-04-26 ·cited 7×
  Jimmy and Frances Gray appealed a temporary injunction entered without notice to freeze their assets, alleging procedural defects. The court dismissed the appeal as moot because the Grays filed a motion to dissolve, participated in an evidentiary hearing, and the injunction was m
• RAY v. Kehoe
  447 So. 2d 1038· Fla. 4th DCA· 1984-04-04 ·cited 7×
• Chicago Typographical Union v. Chicago Newspaper Publishers' Ass'n & Field Enters., Inc.
  620 F.2d 602· 7th Cir.· 1980-02-05 ·cited 7×
  The court held that attorney fees awarded under Section 7 of the Norris-LaGuardia Act are limited to the amount of the injunction bond posted, and since a zero bond was posted for the improperly issued TRO, no attorney fees could be awarded.
• Cent. Theatres, Inc. v. State of Fla. ex rel. Herbert Braren
  161 So. 2d 558· Fla. 2d DCA· 1964-02-21 ·cited 7×
  Central Theatres challenged a temporary restraining order issued without bond that prohibited showing the film "Blood Feast" as an alleged public nuisance. The court held that while courts have discretion regarding bond requirements, a bond must generally be required when the def
• The Reserve AT Wedgefield Homeowners' v. Dixon
  948 So. 2d 65· Fla. 5th DCA· 2007-01-12 ·cited 6×
  A homeowners' association appealed a trial court's order granting a homeowner emergency injunctive relief to prevent foreclosure proceedings on her property for alleged improper assessment of dues on multiple lots. The Fifth District Court of Appeal reversed, holding that the inj
• Archive Am., Inc. v. Variety Child's. Hosp.
  873 So. 2d 359· Fla. 3d DCA· 2004-03-24 ·cited 6×
  Archive America, a warehouseman holding medical records belonging to Miami Children's Hospital, claimed a possessory lien for unpaid warehousing charges. The court affirmed the trial judge's order conditioning release of the records on the hospital posting a bond of $446,290.89—l
• Petriccione v. Ocean Landings Condo. Ass'n, Inc.
  615 So. 2d 215· Fla. 5th DCA· 1993-03-05 ·cited 6×
  Petriccione appeals the trial court's denial of his motion to dissolve a temporary injunction issued by Ocean Landings Condominium Association, which had hired him to collect past due maintenance fees. The appellate court reversed, finding no basis to continue the injunction beca
• Dejong v. Dejong
  572 So. 2d 11· Fla. 2d DCA· 1990-12-21 ·cited 6×
• LA Gran Familia, Inc. v. Cuba Pharmacy, Inc.
  349 So. 2d 769· Fla. 3d DCA· 1977-08-30 ·cited 6×
• Byrne v. REC Ctrs., Inc.
  309 So. 2d 177· Fla. 4th DCA· 1975-03-14 ·cited 6×
  The court reversed a temporary injunction because the trial court failed to require the plaintiff to post bond as mandated by Rule 1.610(b) RCP, but allowed reinstatement upon proper bonding.
• Al Babuschkin v. Royal Standard Corp.
  305 So. 2d 253· Fla. 3d DCA· 1974-12-31 ·cited 6×
  Royal Standard Corporation obtained a temporary injunction without notice restraining sellers from using performance bonds related to a land sale contract dispute. The Third District Court of Appeal affirmed the denial of the sellers' motion to dissolve the injunction but remande
• Santona-Nervia Corp. v. Publix Mkt., Inc.
  146 So. 2d 394· Fla. 3d DCA· 1962-11-13 ·cited 6×
  The appellate court affirmed a lower court's order granting a temporary injunction, which was conditioned on the plaintiff posting a $50,000 bond. The court found no abuse of discretion in the bond amount and noted the appellant failed to provide a record of the lower court proce
• Shwab v. Doelz
  229 F.2d 749· 7th Cir.· 1956-02-09 ·cited 6×
  The denial of a motion to amend findings of fact and conclusions of law is not an appealable order, and the denial of leave to file a supplemental counterclaim for malicious prosecution was not an abuse of discretion.
• Eckman & Vetsburg v. Meriam
  32 Fla. 425· Fla.· 1893-06-01 ·cited 6×
  Eckman & Vetsburg appealed a decree awarding F. B. Meriam $1,000 from funds in the court registry as a constitutional homestead exemption. The Florida Supreme Court held that the appellants' filing of a bond did not automatically create a supersedeas because no money judgment was
• DG BF, LLC v. Ray
  2020 WL 3867123· Del. Ch.· 2022-06-27 ·cited 5×
  The Court of Chancery denied the defendants' motion to recover damages resulting from an improperly issued injunction, holding that it lacked subject matter jurisdiction to award such damages when no bond was posted to secure the injunction, due to a contractual waiver by the par
• Pendergraft v. C.H.
  225 So. 3d 420· Fla. 5th DCA· 2017-09-07 ·cited 5×
  The court affirmed an asset-freezing order in supplementary proceedings but reversed and remanded because the trial court failed to require the appellee to post an injunction bond as mandatorily required by law.
• Meadows v. Med. Optics, Inc.
  90 So. 3d 924· Fla. 4th DCA· 2012-06-20 ·cited 5×
  The court held that the trial court erred by failing to conduct an evidentiary hearing to determine the proper amount of the injunction bond.
• McMILLAN/Miami, LLC. v. Krystal Cap. Managers, LLC.
  1 So. 3d 312· Fla. 3d DCA· 2009-01-21 ·cited 5×
  McMillan/Miami appeals the denial of attorney's fees after Krystal Capital obtained a lis pendens on commercial property, then voluntarily dismissed its complaint. The court reverses, holding that a party may recover attorney's fees for wrongfully filing a lis pendens even when n
• FU Sheng Indus. Co., Ltd. v. T/F Sys., Inc.
  690 So. 2d 617· Fla. 4th DCA· 1997-02-26 ·cited 5×
  On appeal, the court reversed and remanded a trial court judgment awarding substantial delay damages ($12.5 million to T/F Systems and $419,000 to Malt) against appellants Fu Sheng, Southeast Capital, and PDC for violating an injunction during a pending appeal. The court found th
• Layne & Brill, P.A. v. Brill
  453 So. 2d 890· Fla. 3d DCA· 1984-08-07 ·cited 5×
• LB Judgment Holdings v. Boschetti
  271 So. 3d 115· Fla. 3d DCA· 2019-03-13 ·cited 4×
  This case involves a judgment creditor seeking to collect a large debt by filing notices of lis pendens against properties allegedly transferred fraudulently by the debtor. The appellate court reviewed several related orders, ultimately reversing the discharge of the lis pendens