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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The court denied Defendants' motion to enjoin prosecution, finding insufficient evidence of FTC spoliation of evidence in bad faith.
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50 So. 3d 662·
Fla. 3d DCA·
2010-11-24
·cited 6×
The court held that the four-year statute of limitations bars challenges to the establishment of a downtown development authority and its boundaries, but not to an annual tax levy for its operations enacted within the limitation period. The non-claim statute also applies to the a
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47 So. 3d 925·
Fla. 3d DCA·
2010-11-10
·cited 6×
The court held that the trial court erred in dismissing the action sua sponte because the complaint alleged a cognizable claim for breach of contract.
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Sandra Ruiz, a term-limited Doral City Council member, challenged a mandatory injunction declaring her ineligible to run for the Florida House of Representatives under Florida's 'resign-to-run' law because she did not resign from her council position. The Third District Court of
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36 So. 3d 148·
Fla. 2d DCA·
2010-05-26
·cited 6×
In a dissolution of marriage case, the trial court granted the wife's emergency ex parte motion for exclusive use and possession of the marital home and ordered the husband to return personal property within 24 hours. The appellate court reversed, holding that the motion and orde
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40 So. 3d 775·
Fla. 3d DCA·
2010-05-12
·cited 6×
Joseph Bessard challenged a trial court's dismissal of a complaint seeking to void a power of attorney allegedly signed by his father Jacob Bessard, and its award of attorney's fees to the appellees (Joseph's mother and sisters). The court affirmed both the dismissal as moot and
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20 So. 3d 412·
Fla. 3d DCA·
2009-10-14
·cited 6×
Sacred Family Investments appeals from an order temporarily enjoining construction of a bank building on leased parking spaces and ordering restoration of the parking lot. The court affirmed the injunction against further construction but reversed the order requiring restoration
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The court held that the plaintiff was entitled to a preliminary injunction compelling the Sheriff's Office to engage in alternative dispute resolution as per the contract, but denied other injunctive relief against the Sheriff's Office and DSI/ITI due to failure to meet the likel
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The court granted plaintiffs' motion for a preliminary injunction, finding that the Amended Law likely violates the First Amendment by chilling protected speech and association.
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989 So. 2d 667·
Fla. 4th DCA·
2008-07-23
·cited 6×
Parents appealed an injunction for protection against repeat violence entered against their minor child in favor of their neighbor. The court affirmed, holding that the minor child's pattern of harassing, threatening, and intimidating conduct constituted stalking under Florida la
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586 F. Supp. 2d 1323·
S.D. Fla.·
2008-06-25
·cited 6×
The court granted the defendant's motion to enjoin the plaintiff from making future filings without prior court approval due to his history of frivolous litigation and personal attacks.
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The court held that a change in circumstances, specifically the licensee's failure to cure violations after notice, required the trial court to dissolve the temporary injunction.
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968 So. 2d 635·
Fla. 2d DCA·
2007-10-26
·cited 6×
Four consolidated injunction cases where the trial court issued final injunctions for protection against repeat violence without conducting an evidentiary hearing or allowing witnesses to testify. The appellate court reversed, holding that due process requires a full evidentiary
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Edwards challenges a temporary injunction enforcing a covenant not to compete against his former employer Harris. The appellate court reversed, finding the trial court failed to make adequate factual findings and the injunction was broader than necessary to protect Harris's legit
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The court granted summary judgment for the United States, finding no genuine issue of material fact regarding defendants' fraudulent filings and mail fraud.
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The court held that the trial court did not err in denying the motion to modify or dissolve the temporary injunction, affirming the order.
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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
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885 So. 2d 884·
Fla. 4th DCA·
2004-09-01
·cited 6×
Daiwa Products sought to enjoin payment on a letter of credit after discovering the beneficiary (SAAT) fraudulently misrepresented that goods had been shipped. The trial court found United Mizrahi Bank, which financed SAAT's operations and presented the draft for payment, was a h
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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
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In a dissolution of marriage appeal, the Florida Third District Court of Appeal reversed the trial court's award of a special equity in the wife's non-marital property to the husband and the award of attorney's fees under section 57.105, while affirming the award of attorney's fe
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823 So. 2d 798·
Fla. 3d DCA·
2002-05-01
·cited 6×
The City of Sweetwater violated Florida's competitive bidding statutes by awarding a public works contract to United Engineering Corporation instead of Solo Construction Corporation, the lowest responsive and responsible bidder. The trial court issued a writ of mandamus and injun
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Lawrence Hill II appealed a temporary domestic violence injunction entered against him in Pasco County, challenging venue. The court reversed because the petition for domestic violence injunction was filed in the wrong county under Florida's general venue statute, and remanded fo
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The court held that a preliminary injunction was warranted to prevent former employees from soliciting clients and using confidential customer information, as the plaintiff demonstrated a likelihood of success on the merits, irreparable harm, a favorable balance of harms, and tha
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778 So. 2d 360·
Fla. 1st DCA·
2001-01-11
·cited 6×
A Florida church corporation sought to recover assets allegedly wrongfully converted by its former ministerial officers, the Millers. The court held that purported amendments to the corporate articles of incorporation and dissolution were ultra vires and void because they lacked
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Registered voters in Florida challenged the constitutionality of Florida Statute § 102.166(4) governing manual ballot recounts during the 2000 presidential election recount, seeking an injunction to prevent manual recounts and certification of results containing recounts. The Ele
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The court held that the defendant willfully violated a substantial condition of his probation by harassing his former wife, even if his interpretation of contact allowed for visitation arrangements.
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763 So. 2d 555·
Fla. 4th DCA·
2000-08-02
·cited 6×
The City of Dania Beach appealed a temporary injunction order requiring it to reopen an alleyway behind the Konschniks' property. The trial court granted the injunction despite finding no irreparable harm, reasoning that the alleyway's reopening was necessary for the appellees' b
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760 So. 2d 998·
Fla. 4th DCA·
2000-06-14
·cited 6×
Commercial property owners challenged a special assessment levied by the City of North Lauderdale to fund an integrated fire rescue program including fire suppression, first-response medical aid, and emergency medical services (EMS). The court held that while fire protection serv
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Anil Bansal appeals from a trial court order granting his wife Lata a temporary injunction restraining him from transferring marital assets and a custody order awarding her sole temporary custody of their two minor children and enjoining him from pursuing a dissolution suit in In
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752 So. 2d 540·
Fla.·
1999-06-24
·cited 6×
The Florida Bar sought to enjoin Paula and Ronald Eubanks from engaging in the unlicensed practice of law after they advertised legal document preparation services and provided legal advice on bankruptcy, divorce, and adoption matters. The Florida Supreme Court upheld a default j
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The court held that specialized training provided by an employer constitutes a legitimate business interest that can support a covenant not to compete under Florida law.
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724 So. 2d 684·
Fla. 5th DCA·
1999-01-22
·cited 6×
Pelican Bay Homeowners Association obtained an injunction against homeowners from parking commercial limousines in violation of deed restrictions. The trial court granted the injunction but denied the association's request for attorney's fees as the prevailing party. The appellat
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The court held that the Satellite Home Viewers Act's definition of 'unserved household' relies on an objective FCC standard for signal intensity, not subjective subscriber reports of picture quality. PrimeTime 24's reliance on subscriber self-reporting is insufficient to comply w
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698 So. 2d 321·
Fla. 3d DCA·
1997-08-06
·cited 6×
The appellate court held that the trial court lacked the authority to issue an injunction prohibiting a non-party from discussing information obtained independently of court records.
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697 So. 2d 501·
Fla.·
1997-07-17
·cited 6×
The Florida Bar disciplined Robert Hughes for engaging in the unlicensed practice of law by drafting legal documents and providing legal advice regarding land trusts and real estate transactions without being licensed to practice law in Florida. The Supreme Court affirmed the ref
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696 So. 2d 888·
Fla. 5th DCA·
1997-06-13
·cited 6×
The Florida Department of Environmental Protection appealed an award of attorney's fees to a property owner who defeated DEP's efforts to access his land for petroleum contamination investigation. The court held that DEP's administrative order and injunction petition did not cons
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The federal settlement agreement did not affect the noncompete agreement executed as consideration for the sale of assets, and thus the injunction should not have been dissolved.
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687 So. 2d 1366·
Fla. 4th DCA·
1997-02-19
·cited 6×
Federal Vending sought an injunction against Steak & Ale for breach of an equipment lease, which was dismissed. Federal Vending then amended to seek damages, but Steak & Ale moved to arbitrate pursuant to the lease agreement. The court affirmed dismissal of the damages complaint
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The court affirmed the domestic violence injunction but reversed provisions regarding child custody and passport retention, remanding for a hearing on German court orders and international law.
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The Florida Supreme Court upheld a district court decision denying a petition for writ of prohibition that sought to prevent prosecution for indirect criminal contempt based on violation of a repeat violence injunction. The Court applied its prior holding in Walker v. Bentley tha
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Americas Homes appealed the denial of a temporary injunction to remove a sign posted by homeowners (the Eslers) on their property warning of local flooding. The court affirmed, holding that the sign constituted constitutionally protected free speech under the First Amendment and
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A prescriptive easement granted for 'access, ingress and egress, roadway purposes' over a 25-foot strip reserves the entire 25-foot width for the dominant tenement owner's use, and the servient tenement owner may not place permanent structures anywhere within that full width.
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Southeast Mechanical Contractors appealed an order it characterized as granting relief from judgment, but the court dismissed the appeal as premature because the underlying order was neither final nor appealable. The trial court's grant of summary judgment on an indemnity clause
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The court held that the plaintiff failed to demonstrate a substantial likelihood of success on the merits for its claims of trademark infringement and breach of contract, thus denying the motion for preliminary and permanent injunction.
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The court held that section 741.30 does not require proof of an actual assault to obtain an injunction for protection against domestic violence, only reasonable cause to believe one is imminent.
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The court held that the Endangered Species Act's standard for preliminary injunctions does not permit balancing of economic and social interests against the protection of endangered species; such balancing is reserved for the Secretary of the Interior.
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658 So. 2d 658·
Fla. 1st DCA·
1995-08-01
·cited 6×
Michael Judkins appeals an indirect criminal contempt order finding him guilty of violating an injunction by discharging firearms in the presence of Randy Ross. The Florida appellate court reversed because the contempt order failed to specify the facts constituting the violation
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A condominium association sought to collect unpaid dock usage fees from a unit owner who refused to pay after a fee increase, claiming the Condominium Act prohibited such charges. The court held that while the association had statutory authority to charge exclusive-use fees for c
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A former wife appealed a temporary injunction requiring her to return her children to Florida after she moved them to Minnesota in violation of a dissolution decree. The court reversed because the motion for temporary injunction and the resulting order violated Florida procedural