5,622 Florida cases classified under this topic, plus 6,128 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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47 Fla. 327·
Fla.·
1904-01-01
·cited 6×
Residents of Plant City, Florida sought an injunction to prevent county commissioners from granting a liquor sales permit in precinct No. 19, where a local option election had prohibited such sales. The Florida Supreme Court affirmed the trial court's dissolution of the temporary
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37 Fla. 237·
Fla.·
1896-01-01
·cited 6×
The Pensacola Wharf Company sued W. L. Wittich to enjoin him from constructing buildings and filling in navigable waters between two wharves owned by the company. The court affirmed the dissolution of the temporary injunction due to the complainants' extraordinary delay and lache
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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
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The Florida Supreme Court vacated a supersedeas bond granted in an appeal from an order dissolving a temporary injunction against a railroad company's street railway construction. The Court held that one of the two required sureties on the appeal bond was insufficient, lacking th
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25 Fla. 608·
Fla.·
1889-06-01
·cited 6×
This case involves a motion to vacate a supersedeas order that had stayed an injunction dissolving a previous injunction. The court considered whether to continue the stay pending appeal of the order dissolving the injunction.
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21 Fla. 584·
Fla.·
1885-06-01
·cited 6×
This case involves a dispute over land ownership where the complainants sought an injunction to prevent a foreclosure sale they believed would cloud their title. The court dissolved the injunction and dismissed the bill, finding the complainants failed to establish a valid title
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15 Fla. 308·
Fla.·
1875-06-01
·cited 6×
The court held that a homeowner could not use a new lawsuit to challenge a prior foreclosure decree, even if the property was a homestead, because the issue should have been raised in the original foreclosure proceedings or on appeal. This case reinforces the principle of res jud
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13 Fla. 390·
Fla.·
1869-01-01
·cited 6×
This case concerns whether an injunction was properly granted before a lawsuit was officially commenced. The court found that the injunction was improperly issued because the underlying lawsuit had not yet been filed, and therefore the court lacked jurisdiction.
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The court held that it would stay the proceedings pending the outcome of a related appeal before the Eleventh Circuit to prevent inconsistent rulings and conserve judicial resources.
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361 So. 3d 356·
Fla. 4th DCA·
2024-02-28
·cited 5×
When a water meter fails, the city may bill for past unbilled usage calculated by averaging the 12 months immediately preceding the meter failure, and the trial court must properly calculate that average before enforcing collection.
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2023 WL 5104895·
M.D. Fla.·
2023-10-25
·cited 5×
The court denied the petitioner's motions because the ad interim stipulation was deficient in its language regarding security.
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A trial court properly denies a temporary injunction when the movant fails to establish all four required elements: substantial likelihood of success on the merits, unavailability of an adequate remedy at law, irreparable harm absent the injunction, and that the injunction serves
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Diana Robinson was convicted of criminal contempt for violating a 2017 injunction that TASER obtained against Phazzer Electronics, which had prohibited the sale of certain stun guns. The Eleventh Circuit vacated Robinson's conviction, holding that the government failed to prove R
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360 So. 3d 399·
Fla. 4th DCA·
2023-04-26
·cited 5×
The appellate court reversed a summary judgment, finding that genuine issues of material fact remained regarding whether a compiled list of suppliers and customers constituted a trade secret. The court also noted that summary judgment was premature due to ongoing discovery.
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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
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339 So. 3d 1070·
Fla. 1st DCA·
2022-05-27
·cited 5×
The appellate court reviewed a circuit court's decision to vacate a stay on a temporary injunction. The court found the temporary injunction unlawful because it granted affirmative relief rather than preserving the status quo, which is the sole purpose of such injunctions. The ca
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The appellate court reversed a trial court's order modifying a father's timesharing with his daughter. The modification order was flawed because it did not explicitly state the required findings of a substantial change in circumstances and that the modification was in the child's
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The trial court erred in denying the preliminary temporary injunction motion because intrusion upon seclusion does not require publication of recorded material, and the Jackmans established a reasonable expectation of privacy in their fenced backyard that was violated by the Swar
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The appellate court reversed a domestic violence injunction, finding that the alleged acts of abuse were too remote in time and not supported by sufficient evidence of imminent danger. The court emphasized that past incidents alone, without recent threats or a reasonable fear of
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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
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282 So. 3d 889·
Fla. 3d DCA·
2019-08-14
·cited 5×
The appellate court reversed a lower court's decision that found three state statutes unconstitutional and a city ordinance valid. The court held that the state statutes were constitutional and expressly preempted the city's ordinance banning polystyrene containers.
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271 So. 3d 1232·
Fla. 1st DCA·
2019-05-13
·cited 5×
Sumners appeals a trial court's issuance of a one-year injunction for protection against dating violence sought by Thompson after he persistently contacted her following their breakup and made an unannounced visit to her home. The appellate court affirmed the existence of a datin
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A party seeking to dissolve a domestic violence injunction must show a change in circumstances such that the scenario underlying the injunction no longer exists and continuation would serve no valid purpose. Where the movant established geographic separation, six years without co
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260 So. 3d 478·
Fla. 3d DCA·
2018-12-05
·cited 5×
The temporary injunction against the City's vacation rental ban was reversed as overbroad because Miami 21, which predated the state preemption statute's June 1, 2011 cutoff, is not preempted and permits short-term rentals as long as the property's predominant use remains permane
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The court held that the trial court correctly denied the request for a temporary injunction because the appellant failed to establish the necessary elements, including irreparable harm and a substantial likelihood of success on the merits.
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A trial court's order granting a permanent injunction for protection against stalking must be affirmed when the appellant fails to provide a hearing transcript on appeal, precluding appellate review of the evidentiary support for the order.
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A temporary injunction cannot be granted to preserve assets for satisfaction of a money judgment when the plaintiff has an adequate remedy at law through monetary damages. Irreparable injury requires harm that cannot be cured by money damages.
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243 So. 3d 467·
Fla. 5th DCA·
2018-02-02
·cited 5×
Homeowners appealed a summary judgment that denied their request to remove neighbors' dock and boathouse from property they claimed to own. The court reversed, holding that the homeowners have fee simple title to the canal and drainage easement as abutting landowners to a common
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237 So. 3d 1149·
Fla. 3d DCA·
2018-01-31
·cited 5×
Summary judgment in fraudulent transfer cases is available only in extraordinary circumstances and is improper when genuine issues of material fact exist concerning the debtor's intent. The determination of credibility and the weighing of conflicting evidence is for the trier of
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237 So. 3d 381·
Fla. 4th DCA·
2018-01-24
·cited 5×
Unit owners are entitled to use a portion of the dock based on the quitclaim assignment executed by the property owner, but are not entitled to an easement by necessity to access the dock because alternative practicable means of access exist.
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The Florida Supreme Court adopted amendments to the Florida Family Law Rules of Procedure and forms for the 2017 regular cycle, with certain modifications. The Court approved changes to rules addressing documents supporting pleadings, case management conferences, confidentiality
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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.
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225 So. 3d 336·
Fla. 3d DCA·
2017-07-26
·cited 5×
Mid-Continent Casualty Company appealed a trial court order granting summary judgment in favor of Flora-Tech, declaring that MCC had a duty to defend Flora-Tech against third-party claims. The Third District Court of Appeal dismissed the appeal for lack of jurisdiction, holding t
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219 So. 3d 172·
Fla. 1st DCA·
2017-05-09
·cited 5×
The First District Court of Appeal reversed a trial court order invalidating the Florida Office of Insurance Regulation's approval of a 14.5% workers' compensation insurance rate increase. The court held that the National Council on Compensation Insurance (NCCI) did not violate F
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214 So. 3d 726·
Fla. 1st DCA·
2017-03-07
·cited 5×
Dr. Cristina Tarantola appealed a temporary injunction enforcing a covenant not to compete in her employment contract with Dr. William Henghold. The court affirmed the injunction's core restriction on Mohs surgery services but reversed and remanded because the trial court's injun
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199 So. 3d 1102·
Fla. 3d DCA·
2016-09-07
·cited 5×
Arthur Linde, as temporary guardian of his father Barrett Linde, appealed the trial court's order restoring his father's full legal capacity. The appellate court affirmed, rejecting the temporary guardian's challenges to an injunction limiting his communications with the independ
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183 So. 3d 1189·
Fla. 3d DCA·
2016-01-13
·cited 5×
Residents of a mobile home park challenge a settlement agreement between their municipality and the park's owners that would result in park closure. The court reverses the dismissal, holding that the residents stated a meritorious claim under Florida Statute § 723.083, which proh
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David Jacquot appealed the denial of his motion for relief from a final judgment of injunction for protection against domestic violence, claiming the motion was moot because the injunction had expired. The Fifth District Court of Appeal reversed, holding that expired domestic vio
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Larry Niekamp appealed an amended final judgment dissolving his marriage to Susan Niekamp, challenging custody, asset distribution, and support determinations. The Florida Second District Court of Appeal reversed on multiple grounds and remanded, finding the trial court improperl
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The court held that an order granting a temporary injunction must specify the reasons for its entry and contain clear findings of fact supporting the four elements of an injunction, and that purely monetary injury is not irreparable.
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187 So. 3d 221·
Fla. 3d DCA·
2015-05-27
·cited 5×
Bruce Matheson challenged a Miami-Dade County referendum approving construction of permanent structures at Crandon Park Tennis Center and modification of the International Players Championship agreement, arguing the ballot language violated Florida law by failing to disclose the
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Planned Parenthood appeals a temporary injunction prohibiting it from performing abortions at a medical park property in violation of a restrictive covenant. The Fifth District Court of Appeal reversed the portion of the injunction prohibiting sonograms for lack of proper pleadin
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141 So. 3d 723·
Fla. 1st DCA·
2014-07-07
·cited 5×
The Florida Fish and Wildlife Conservation Commission successfully appealed a trial court judgment that enjoined enforcement of constitutional and regulatory provisions prohibiting gill nets and entangling nets in Florida waters. The appellate court reversed, holding that the tri
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Anarkali Boutique appealed a circuit court's denial of a temporary injunction against a former worker who allegedly violated a non-compete/non-solicitation agreement. The company argued the court misinterpreted the agreement by finding the non-compete period began running when th
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The court held that the trial court erred by failing to conduct an evidentiary hearing to determine the proper amount of the injunction bond.
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Margaret and Michelle Grasso appealed a circuit court's order granting their motion to dismiss for lack of jurisdiction and a temporary injunction prohibiting them from disposing of trust assets. The appellate court dismissed the appeal of the dismissal order as non-final and aff
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The Fongs appealed the denial of their motion to dissolve a temporary injunction issued by the trial court regarding their property. Although the appellate court agreed the trial court abused its discretion in granting the injunction, it affirmed the denial of the motion to disso
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The appellate court affirmed the trial court's order quieting title to property but reversed and remanded the order granting a permanent injunction due to insufficient reasoning provided by the trial court.
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61 So. 3d 428·
Fla. 1st DCA·
2011-04-15
·cited 5×
Leo Gregory Horne appeals a no contact order issued against him under Florida's injunction against repeat violence statute. The court reversed, holding that the trial court lacked statutory authority to issue the order because the evidence did not establish the required elements
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The court granted summary judgment for the SEC against Monterosso and Vargas, finding they participated in a fraudulent scheme to generate fictitious revenue for GlobeTel.