Injunction Bond

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

• 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
• Cadicamo v. Alite
  4 So. 3d 699· Fla. 2d DCA· 2009-02-18 ·cited 4×
  The appellate court held that the temporary injunction was defective because it failed to require a bond and make specific findings regarding irreparable harm, adequate remedy at law, likelihood of success on the merits, and public policy considerations.
• Beatty v. Aher
  995 So. 2d 595· Fla. 5th DCA· 2008-11-14 ·cited 4×
  The Beattys appealed a temporary injunction preventing them from blocking their neighbor Aher's driveway access. The court reversed because the injunction violated Florida Rule of Civil Procedure 1.610 by failing to include required findings, date/time of entry, reasoning for ex
• Bradenton Grp., Inc. v. State
  970 So. 2d 403· Fla. 5th DCA· 2007-11-09 ·cited 4×
  The Florida Fifth District Court of Appeal reversed a civil RICO forfeiture judgment against bingo operators, holding that violations of Florida's Bingo Statute cannot form the basis for RICO liability and that collateral estoppel barred the relitigation of issues already decided
• Alliant Cap., Ltd. v. Singleton
  835 So. 2d 365· Fla. 5th DCA· 2003-01-24 ·cited 4×
  Alliant Capital challenged a temporary injunction that kept Singleton and his entities in management control of two senior housing projects. The Fifth District Court of Appeal reversed and remanded because the trial court failed to comply with procedural requirements for issuing
• City OF Treasure Island v. Provident Mgmt. Corp. & Laurence N. Belair
  738 So. 2d 357· Fla. 2d DCA· 1999-06-11 ·cited 4×
  On remand from the Florida Supreme Court, the Second District Court of Appeal addressed whether a municipality has liability for wrongful injunction and whether sovereign immunity applies. The court held that wrongful injunction is a tort claim subject to the statutory liability
• Anesthesia Grp. OF Miami, Inc. v. Charles Hyams, M.D.
  693 So. 2d 673· Fla. 3d DCA· 1997-05-07 ·cited 4×
  The court affirmed the temporary injunction, clarifying that it restrains the enforcement of the non-competition clause in the employment agreement.
• Hinsley v. Whited
  623 So. 2d 611· Fla. 5th DCA· 1993-09-03 ·cited 4×
  Former wife Hinsley appeals the trial court's continuation of a mutual restraining order that prevented either party from removing their children from Florida. The appellate court reversed and dissolved the restraining order because it was improperly extended after the case was h
• Md. Dep't OF Human Res. v. United States Dep't OF Agric.
  976 F.2d 1462· 4th Cir.· 1992-09-15 ·cited 4×
  The court vacated the preliminary injunction, but the concurring opinion argues against basing the decision on the Appropriations Clause.
• Seminole Park & Fairgrounds, Inc. v. Tropic Bank OF Seminole
  380 So. 2d 1335· Fla. 5th DCA· 1980-03-19 ·cited 4×
  Seminole Park appealed from an order granting a temporary injunction against a property sale. The court reversed because the trial court violated Florida Rules of Civil Procedure Rule 1.610 by granting the injunction ex parte, without notice to the defendant, without requiring a
• Muss v. Rosenberg
  353 So. 2d 203· Fla. 3d DCA· 1977-12-20 ·cited 4×
  A Florida appellate court reversed a trial court's denial of a motion to dissolve a temporary injunction that was issued without bond or notice. The court held that absent evidence and findings that the plaintiff lacked sufficient assets to post a bond, the trial court erred in r
• Donner v. Margo Donner
  313 So. 2d 456· Fla. 3d DCA· 1975-06-03 ·cited 4×
  Charles Donner appealed from a temporary injunction order that restrained him from transferring assets or stock in Muncie Construction Corporation during divorce proceedings. The Florida appellate court affirmed the injunction but narrowed its scope to restrain only Donner's indi
• Graham v. Battey
  347 So. 3d 515· Fla. 5th DCA· 2022-09-16 ·cited 3×
  A temporary injunction must be affirmed only to the extent that each of the four required elements—irreparable harm, inadequacy of legal remedy, substantial likelihood of success on the merits, and public interest—is supported by specific factual findings; portions lacking these
• 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
• Polymer Tech. Corp. v. Emile Mimran
  975 F.2d 58· 2d Cir.· 1992-09-11 ·cited 3×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction against the sale of products by a distributor.
• Colonial Press OF Miami, Inc v. Indus. Med. Publ'g Co., Inc
  199 So. 2d 494· Fla. 3d DCA· 1967-05-31 ·cited 3×
  The Third District Court of Appeal of Florida affirmed the lower court's denial of a motion to dismiss an action on an injunction bond. The court found that the case was distinguishable from precedent that would have allowed dismissal, and the appellee should have an opportunity
• Marion Cnty. v. Ray
  107 Fla. 715· Fla.· 1932-12-13 ·cited 3×
  Marion County sought to enjoin landowners Ray and Davidson from obstructing an alleged public road. The trial court dismissed the bill, finding insufficient evidence of an existing public road at the disputed location. The Florida Supreme Court affirmed, holding that equity will
• Leposky v. EGO
  Fla. 4th DCA· 2022-10-14 ·cited 2×
  George Leposky appealed a nonfinal order freezing his bank accounts issued by a guardianship court in response to an unverified motion filed by his wife's court-appointed guardian. The Fourth District Court of Appeal reversed the asset freeze order because the guardian's motion l
• Phelan v. Trifactor Solutions, LLC
  312 So. 3d 1036· Fla. 2d DCA· 2021-03-05 ·cited 2×
  The appellate court reversed a temporary injunction because the trial court failed to make specific factual findings to support the injunction and did not hold an evidentiary hearing to determine the bond amount. The court emphasized the strict procedural requirements for tempora
• Pledger Tr. Series 28, LLC v. Apeiron Holdings Miami, LLC
  306 So. 3d 1115· Fla. 3d DCA· 2020-08-19 ·cited 2×
  The appellate court affirmed the trial court's decision to grant a preliminary injunction but reversed the decision regarding the lack of a bond. The court found that a bond is required to protect the enjoined party from damages if the injunction is later found to be wrongful.
• Palm Beach Polo Holdings, Inc. v. G & G Marine, Inc.
  889 So. 2d 173· Fla. 4th DCA· 2004-12-15 ·cited 2×
• City OF Gainesville v. Watson Constr. Co., Inc.
  815 So. 2d 785· Fla. 1st DCA· 2002-05-13 ·cited 2×
  The City of Gainesville appealed a trial court's grant of temporary injunctive relief against enforcement of a development permit moratorium. The appellate court affirmed the injunction on the merits but remanded for the trial court to address the bond requirement mandated by rul
• Image Data, L.L.C. v. Sullivan
  739 So. 2d 725· Fla. 5th DCA· 1999-09-10 ·cited 2×
  Image Data appealed an ex parte temporary injunction that prohibited it and the Florida Department of Highway Safety and Motor Vehicles from disseminating driver license information. The Fifth District Court of Appeal reversed the injunction, finding it violated multiple procedur
• Davis v. Davis
  736 So. 2d 123· Fla. 4th DCA· 1999-06-23 ·cited 2×
  In this dissolution of marriage case, the Fourth District Court of Appeal reversed two temporary relief orders that transferred marital assets to the wife without requiring an injunction bond and without proper consideration of the husband's co-equal interest in the property. The
• Diaz v. John Adcock Ins. Agency, Inc.
  729 So. 2d 465· Fla. 2d DCA· 1999-03-19 ·cited 2×
  The appellate court considered whether a contract provision waiving the bond requirement for a temporary injunction is enforceable, holding that such a waiver is generally not permissible under Florida Rule of Civil Procedure 1.610(b).
• Tuttle's Design-Build, Inc. v. Caple
  712 So. 2d 1213· Fla. 3d DCA· 1998-06-24 ·cited 2×
  Tuttle's Design-Build appealed an order requiring it to make interim interest payments under Florida Statute section 702.10(2) during a mortgage foreclosure proceeding. The court held that section 702.10(2) is facially unconstitutional because it deprives mortgagors of due proces
• Clark v. K-Mart Corp.
  979 F.2d 965· 3d Cir.· 1992-11-17 ·cited 2×
  The appeal is dismissed as moot because the preliminary injunction has been complied with and the plaintiff will not receive the treatment again, rendering both the injunction and bond issues moot.
• Dist. 29 v. NEW Beckley Mining Corp.
  895 F.2d 942· 4th Cir.· 1990-02-08 ·cited 2×
  The dissenting judge believes the controversy does not constitute a 'labor dispute' under the Norris-LaGuardia Act, and therefore an injunction was improperly issued.
• Multicredit, Inc. v. Ecoban Cap. Ltd.
  555 So. 2d 1249· Fla. 3d DCA· 1989-11-21 ·cited 2×
  The dissenting opinion argues that a defendant's guilty plea to first-degree murder was valid, even though the defendant was not informed of the mandatory twenty-five-year parole restriction, because the defendant was aware of the direct consequences of the plea.
• In re Dickie Joe Ladner v. Dickie Joe Ladner
  799 F.2d 1023· 5th Cir.· 1986-09-15 ·cited 2×
  A party cannot recover damages for a wrongfully issued injunction unless a bond or security was posted by the party seeking the injunction, even if damages were sustained.
• Intertrack Transp., Inc. v. B & G Horse Transp., Inc.
  403 So. 2d 1058· Fla. 3d DCA· 1981-09-08 ·cited 2×
  Intertrack Transportation and its parent companies appealed from a judgment denying them damages on an injunction bond for a temporary injunction that restrained them from transporting horses without proper certification. The court reversed, finding the temporary injunction was w
• Tri-Plaza Corp. & Don T. Davis v. Field
  382 So. 2d 330· Fla. 4th DCA· 1980-01-23 ·cited 2×
  Tri-Plaza Corporation and Don T. Davis appealed a trial court order granting a temporary mandatory injunction that appointed a trustee to manage promissory note payments in a real estate dispute. The Fourth District Court of Appeal reversed, finding the trial court abused its dis
• Levenson v. Barnett Bank OF Miami & Barnett Winston Inv. Tr.
  330 So. 2d 192· Fla. 3d DCA· 1976-04-06 ·cited 2×
  Levenson and Revitz, as trustees, appealed interlocutory orders striking evidence of a lender's financial inability to perform a $6 million loan commitment. The court held that evidence of the lender's inability to perform is relevant to determine whether the lender complied with
• Am. Tel. & Tel. Co. v. Weiland
  18 Fla. Supp. 4· Duval Cty. Cir. Ct.· 1961-07-06 ·cited 2×
  This case involves a dispute over a telephone company's right-of-way easement across private property. The court granted a permanent injunction against the property owners, restraining them from interfering with the telephone company's facilities and maintenance activities.
• Yates et ux. v. Gulf Oil Corp.
  182 F.2d 286· 5th Cir.· 1950-05-12 ·cited 2×
• Castillo Grand Residences Condo. Assoc. Inc. v. Stern
  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
• Howell v. Orange Lake Country Club, Inc.
  303 So. 3d 1009· Fla. 5th DCA· 2020-10-01 ·cited 1×
  The trial court was required to conduct an evidentiary hearing before granting a temporary injunction, even after striking the appellants' pleadings.
• Kaiser v. Onlymoso USA Corp.
  45 Fla. L. Weekly D74· Fla. 4th DCA· 2020-02-19 ·cited 1×
  A trial court lacks jurisdiction to modify or reimpose an injunction bond order while a stay pending appellate review is in effect.
• Data Payment Sys. v. Caso
  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
• Orange Cnty. v. Fla. Ass'n FOR Constitutional Officers, Inc.
  229 So. 3d 867· Fla. 5th DCA· 2017-10-13 ·cited 1×
  The court held that the trial court's order granting a temporary injunction without notice was improper because it failed to comply with Florida Rule of Civil Procedure 1.610.
• Mossucco v. Aventura Tennis, LLC, Inc.
  147 So. 3d 88· Fla. 3d DCA· 2014-07-30 ·cited 1×
  Appellants sought damages from an injunction bond after the plaintiff voluntarily dismissed its lawsuit seeking to enforce non-compete agreements. The court held that a voluntary dismissal does not automatically constitute a determination that the defendants were wrongfully enjoi
• Fla. Ga. Grove, LLP v. Collier Cnty.
  95 So. 3d 948· Fla. 2d DCA· 2012-08-10 ·cited 1×
  The court held that the circuit court erred in setting a bond amount for a temporary injunction without first holding an evidentiary hearing to determine the appropriate amount.
• Ille Vasar Parnama v. Parnama
  908 So. 2d 541· Fla. 4th DCA· 2005-07-27 ·cited 1×
• Broward Yachts, Inc. v. Yachting Promotions, Inc.
  889 So. 2d 911· Fla. 4th DCA· 2004-12-08 ·cited 1×
  Attorney's fees awarded to the prevailing party under the Florida Deceptive and Unfair Trade Practices Act are not limited by the amount of the injunction bond.
• Fisher Island Holdings, Inc. v. Korman
  854 So. 2d 288· Fla. 3d DCA· 2003-09-17 ·cited 1×
• Resil v. Resil
  755 So. 2d 186· Fla. 3d DCA· 2000-04-12 ·cited 1×
• Penner v. Y.M.C.A.
  20 Fla. Supp. 106· Dade Cty. Cir. Ct.· 1962-06-08 ·cited 1×
  The court held that the Y.M.C.A.'s profit from selling the stock on the open market was the proper measure of damages for its breach of contract, and denied the Y.M.C.A.'s claim for damages on the injunction bond.
• Miller v. Global Elec. Testing Servs.
  M.D. Fla.· 2026-01-06
  The court held that the movant failed to establish a substantial likelihood of irreparable injury, a necessary prerequisite for a preliminary injunction.
• Janelle v. Veterans Villas II Homeowners Ass'n, Inc.
  Fla. 2d DCA· 2025-04-23
  A trial court errs in granting a preliminary injunction without including factual findings in support thereof and without addressing the bond requirement, conducting an evidentiary hearing thereon, or explaining reasons for waiving the bond.
• Perdomo v. In re Est. of Luis Rubi
  Fla. 3d DCA· 2025-03-26
  Flora Ines Perdomo appeals a nonfinal order granting an amended preliminary injunction in an estate matter. The Third District Court of Appeal reversed because the trial court failed to follow mandatory procedural requirements for issuing a preliminary injunction, including the f