5,622 Florida cases classified under this topic, plus 6,126 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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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
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The trial court's final domestic violence injunction was supported by competent, substantial evidence where the wife testified to physical abuse, threats, controlling behavior involving substance abuse, and prior violence, demonstrating her objectively reasonable fear of imminent
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Dr. Tarantola challenges a civil contempt order for allegedly violating a preliminary injunction related to a non-compete agreement. The court granted certiorari and quashed the contempt order, finding that the trial court sanctioned Dr. Tarantola for conduct that did not clearly
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Bautista REO U.S., LLC appeals a trial court's order granting a temporary injunction that required it to release a $250,000 collateral mortgage. The Fourth District Court of Appeal reversed, finding that ARR Investments failed to establish irreparable harm and that an adequate re
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Larry Brinson appeals a postconviction court order banning all of his pro se filings in the circuit court. The appellate court reversed the order as overbroad, holding that while the court could prohibit pro se filings attacking his specific criminal judgment, the blanket ban on
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196 So. 3d 515·
Fla. 2d DCA·
2016-07-15
·cited 7×
Two attorneys, Raymond Haas and Dorothy DiFiore, were convicted of indirect criminal contempt for alleged violations of court orders protecting confidential documents in underlying litigation. The Florida District Court of Appeal reversed their convictions, holding that the prose
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Williams appeals an order freezing settlement funds held in her attorney's trust account to preserve assets for a quantum meruit claim by former counsel. The court reverses, holding that the trial court committed legal error by granting a temporary injunction without sufficient f
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181 So. 3d 548·
Fla. 4th DCA·
2015-12-02
·cited 7×
TransUnion Risk and Alternative Data Solutions appealed the denial of a preliminary injunction to enforce a non-compete agreement against former employee James Reilly. The Fourth District Court of Appeal reversed and remanded, holding that the trial court misapplied the statutory
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165 So. 3d 824·
Fla. 4th DCA·
2015-06-03
·cited 7×
A Florida appellate court reversed a trial court's award of attorney's fees to a corporate defendant in a non-compete contract dispute because the corporate defendant was not a party to any contract. The court also reversed and remanded the award of fees to individual defendants
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160 So. 3d 97·
Fla. 1st DCA·
2015-03-16
·cited 7×
Sherry Corrie appeals an injunction for protection against repeat violence issued against her by her neighbor David Lee Keul. The Florida First District Court of Appeal reversed the injunction, holding that Keul failed to present competent, substantial evidence of repeat violence
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Appellant challenges an injunction for protection against domestic violence entered on behalf of his minor granddaughter. The court reverses, finding insufficient evidence that the granddaughter was either a victim of domestic violence or in imminent danger of becoming one, and t
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Foster's Pub, a leaseholder operating an after-hours bar, challenged the Village of North Palm Beach's enforcement of its liquor sales ordinance (prohibiting alcohol sales between 2:00 a.m. and 7:00 a.m.) after the property was voluntarily annexed into the Village. The trial cour
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A commercial landlord-tenant dispute was resolved by settlement agreement requiring the landlord to repair the restaurant's air conditioning system. When the landlord failed to adequately comply, the circuit court awarded the tenant $28,000 (the cost of repairs) despite finding t
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39 So. 3d 309·
Fla.·
2010-06-10
·cited 7×
William Sumner Scott was disciplined for professional misconduct arising from his representation of multiple parties with directly adverse interests in a commodities fraud scheme. The Florida Supreme Court approved the referee's guilt findings but increased the recommended suspen
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An insured homeowner seeking a statutorily-mandated premium discount for windstorm mitigation must first pursue administrative remedies with the Office of Insurance Regulation before filing a court action against the insurer.
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23 So. 3d 822·
Fla. 3d DCA·
2009-12-02
·cited 7×
The court held that an order compelling a bank to pay condominium maintenance fees during a foreclosure action, or face sanctions, was an improperly granted injunction.
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The terms of a bankruptcy court's 1986 injunction barring claims related to insurance policies bar subsequent state-law actions against the insurer for its own alleged misconduct, and the finality of those orders prevents collateral attack on the bankruptcy court's jurisdiction.
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The court held that a party is not entitled to injunctive relief if they have not exhausted their legal remedies.
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The court held that the first sale doctrine does not apply to copyrighted works manufactured abroad, and therefore, the importation and distribution of such works without authorization constitutes copyright infringement.
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The Eleventh Circuit affirmed that EchoStar Communications did not violate a permanent nationwide injunction under the Satellite Home Viewer Act (SHVA) by leasing its satellite transponder to National Programming Service (NPS) to retransmit distant network programming to eligible
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Gordon Johnston, a season ticket holder for Tampa Bay Buccaneers games, challenged the Tampa Sports Authority's pat-down search policy instituted at the NFL's mandate as violating the Fourth Amendment and Florida Constitution. The Eleventh Circuit reversed the district court's pr
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Mary Wolf appeals the trial court's final judgment of dissolution of her 36-year marriage, challenging the equitable distribution of marital assets. The appellate court affirmed the distribution of four properties but reversed and remanded regarding omitted rental income from two
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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
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953 So. 2d 700·
Fla. 5th DCA·
2007-04-05
·cited 7×
The court held that the trial court erred by denying the appellant procedural due process, specifically lacking an impartial decision-maker and the opportunity to present his case.
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H & M Hearing Associates appeals the trial court's denial of a temporary injunction against former employee Nobile for violating a covenant not to compete. The court reverses and remands because the trial court failed to address whether Nobile's ongoing financial support and guar
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The court held that the magistrate judge did not err in finding an enforceable settlement agreement existed, as the parties reached a meeting of the minds and counsel had clear authority to settle.
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The court granted in part and denied in part the defendant's motions to dismiss, allowing certain claims to proceed while dismissing others.
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890 So. 2d 410·
Fla. 5th DCA·
2004-12-23
·cited 7×
The court held that non-compete agreements contained in personal service contracts are not assignable without the employee's consent, and the sale agreement did not demonstrate such consent.
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Wolf, a veterinary ophthalmologist, signed a restrictive covenant with his employer Barrie, P.A. in 1992. After Barrie sold its veterinary ophthalmology practice to another entity and exited that business line, Wolf opened his own practice. The court reversed the trial court's in
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783 So. 2d 1213·
Fla. 4th DCA·
2001-05-02
·cited 7×
The appellate court held that the trial court has the authority to determine if a city's selected alternative site for a religious feeding program complies with the intent and requirements of its remedial order and the Florida Religious Freedom Restoration Act.
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Joseph Kopelovich appealed three domestic violence injunctions entered against him by a trial court, arguing they were improperly issued without sufficient evidence of immediate and present danger of domestic violence. The Second District Court of Appeal reversed all three injunc
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Florida's Parental Notice of Abortion Act requires physicians to notify a parent or guardian 48 hours before performing an abortion on a minor, with limited exceptions and a judicial bypass procedure. The court upheld the Act as facially constitutional, finding it serves a compel
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773 So. 2d 1245·
Fla. 4th DCA·
2000-12-13
·cited 7×
The Town of Lauderdale-by-the-Sea appealed a summary judgment that granted the Meretskys a 'permissive use' of a public right-of-way to construct a wall enclosure for their swimming pool. The court reversed, holding that the Town Commission lacked authority to grant such use beca
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Deltran sought a preliminary injunction to prevent Wal-Mart from using the trademark "BATTERY TENDER" on battery chargers, alleging trademark infringement, false designation, dilution, and unfair competition. The court denied the preliminary injunction, finding that Deltran faile
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705 So. 2d 704·
Fla. 3d DCA·
1998-02-11
·cited 7×
Jose Lisboa, a legal immigrant with pending political asylum status classified as PRUCOL (permanently residing under color of law), appealed the denial of his homestead tax exemption. The Florida Third District Court of Appeal held that PRUCOL status satisfies the permanent resid
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The court held that it had jurisdiction to consider the class action complaint and granted a temporary restraining order, finding that the plaintiffs had established a substantial likelihood of success on the merits, irreparable harm, and that the injunction would serve the publi
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691 So. 2d 1174·
Fla. 3d DCA·
1997-04-23
·cited 7×
A servient estate owner may erect gates across an easement if they do not unreasonably interfere with the right of passage, and a locked gate that causes significant inconvenience and access issues constitutes unreasonable interference.
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682 So. 2d 1234·
Fla. 5th DCA·
1996-11-22
·cited 7×
The court held that a temporary injunction was improper because it exceeded the scope of relief sought by the movant and granted relief that would typically be awarded only after a final hearing.
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The court held that the defendant's vodka packaging infringed upon the plaintiff's trade dress, and granted a preliminary injunction.
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A temporary injunction may be issued for threatened misappropriation of trade secrets under the Uniform Trade Secrets Act, even without proof of actual use, but cannot prohibit customer solicitation absent a non-compete agreement or proof of trade secret use for solicitation.
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655 So. 2d 209·
Fla. 3d DCA·
1995-05-24
·cited 7×
U.S. 1 Office Corp. appeals from a trial court order granting Falls Home Furnishings, Inc. a temporary injunction preventing U.S. 1 from interfering with Falls' advertising sign on U.S. 1's building. The appellate court affirmed, finding the trial court did not abuse its discreti
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The court held that a loss of business alone is insufficient to establish irreparable harm, a necessary element for a temporary injunction.
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643 So. 2d 688·
Fla. 3d DCA·
1994-10-12
·cited 7×
Florida appellate court reversed a temporary injunction against Industrial Waste Services for failure to specify reasons as required by procedural rule.
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Burger King Corporation sought a preliminary injunction to prevent terminated franchisees from continuing to operate restaurants and use Burger King trademarks without authorization. The defendants, former franchisees whose franchises were terminated for nonpayment of royalties a
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602 So. 2d 617·
Fla. 3d DCA·
1992-07-07
·cited 7×
Property owners appealed a trial court order that enjoined them from removing a garbage bin from their property, which neighboring defendants claimed to have a right to use via an easement. The appellate court reversed, holding that the order constituted a temporary injunction th
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The dissenting judge believes the trial court correctly denied the motion to dismiss the declaratory judgment action and properly stayed state court proceedings related to the limitation of liability action.
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The court held that the random visual body-cavity search policy at NWSCF was reasonably related to legitimate penological interests and thus not an unreasonable regulation under the Fourth Amendment.
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The court held that it had jurisdiction over the case, both through extraterritorial application of the Lanham Act and because the infringing goods passed through a U.S. foreign trade zone, and affirmed the preliminary injunction.
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The court held that DOE's policy rates were a reasonable basis for calculating prejudgment interest, the preliminary injunction order controlled fund allocation overriding the United States Rule, and Chevron could not retroactively alter property designations to minimize liabilit