Injunction

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

• Fuccio v. Palma Durso
  48 So. 3d 1013· Fla. 5th DCA· 2010-12-03 ·cited 5×
  Luigi Fuccio appealed a permanent injunction for protection against domestic violence entered against him. The appellate court reversed because the appellee failed to prove the statutory requirement that the parties resided together in the same dwelling unit, and the trial court
• McQUADE v. Fla. Dep't OF Corr.
  51 So. 3d 489· Fla. 1st DCA· 2010-11-30 ·cited 5×
  Robert McQuade, a correctional officer, appealed his dismissal arguing that the Department of Corrections violated the Law Enforcement Officers' Bill of Rights by not completing its investigation within 180 days. The First District Court of Appeal affirmed the Public Employees Re
• Reynaldo Garcia v. Dumenigo
  46 So. 3d 1085· Fla. 3d DCA· 2010-10-27 ·cited 5×·via Preliminary Injunction
  The court held that the trial court abused its discretion by granting a preliminary injunction that went beyond preserving the status quo pending final resolution of the underlying dispute.
• Tracfone Wireless, Inc. v. Anadisk LLC
  685 F. Supp. 2d 1304· S.D. Fla.· 2010-02-18 ·cited 5×·via Permanent Injunction
  The court held that defendants infringed TracFone's trademarks and breached contract by reselling altered phones, and granted default judgment and permanent injunction.
• Chick-Fil-A, Inc. v. Cft Dev., LLC
  652 F. Supp. 2d 1252· M.D. Fla.· 2009-09-03 ·cited 5×·via Permanent Injunction
  The court held that the restrictive covenant prohibiting quick-service restaurants deriving 25% or more of gross sales from chicken is enforceable against Panda Express.
• Degirmenci v. Sapphire-Fort Lauderdale, LLLP
  642 F. Supp. 2d 1344· S.D. Fla.· 2009-07-28 ·cited 5×
  The court held that claims seeking to enforce the 15% deposit return provision under the ILSFDA are time-barred, fraud claims lack particularity, and the ILSFDA does not preclude specific performance clauses in contracts.
• LaROSE v. A.K.
  32 So. 3d 77· Fla. 2d DCA· 2009-07-24 ·cited 5×·via Injunction Enforcement
  The University of Tampa and a faculty member appealed an order enforcing a temporary injunction against the university. The appellate court reversed, holding that the enforcement order improperly granted permanent injunctive relief by requiring the university to drop a course fro
• Weiss v. Weiss
  5 So. 3d 758· Fla. 5th DCA· 2009-03-06 ·cited 5×
  In a dissolution of marriage dispute, the trial court granted an attorney's motion for fees and a charging lien, and also entered an order enjoining the client from making allegedly defamatory statements about the attorney online. The appellate court affirmed the charging lien bu
• McMILLAN/Miami, LLC. v. Krystal Cap. Managers, LLC.
  1 So. 3d 312· Fla. 3d DCA· 2009-01-21 ·cited 5×·via Injunction Bond
  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
• ABC Charters, Inc. v. Bronson
  591 F. Supp. 2d 1272· S.D. Fla.· 2008-10-01 ·cited 5×·via Preliminary Injunction
  The court held that the Florida Sellers of Travel Act Amendments likely violate the Supremacy Clause and Commerce Clause, and denied the motion to dismiss.
• Moore v. Pattin
  983 So. 2d 663· Fla. 4th DCA· 2008-05-28 ·cited 5×·via Domestic Violence Injunction
  A father appeals an injunction for protection against domestic violence issued after he repeatedly spanked his ten-year-old daughter with a belt and shoe while forcing her to remove her clothing. The court affirmed the injunction, holding that the father's conduct constituted exc
• Morrell v. Chadick
  965 So. 2d 1277· Fla. 2d DCA· 2007-10-17 ·cited 5×
  Charles Morrell appeals a final judgment granting an injunction for protection against sexual violence filed by his former supervisor and former lover, Cheryl Chadick. The appellate court reversed, finding insufficient evidence to support a finding of sexual violence under Florid
• The Reserve AT Wedgefield Homeowners' v. Dixon
  948 So. 2d 65· Fla. 5th DCA· 2007-01-12 ·cited 5×
  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
• Hidden BAY Master Ass'n, Inc. v. Miami-Dade Cnty. Dep't OF Prop. Appraisal
  938 So. 2d 599· Fla. 3d DCA· 2006-09-27 ·cited 5×
  Hidden Bay Master Association appeals a trial court's dismissal of its challenge to property tax assessments on condominium common areas, arguing the Property Appraiser violated Florida law by assessing common elements at full market value rather than proportionately. The Third D
• Gleicher v. Claims Verification Inc.
  908 So. 2d 560· Fla. 4th DCA· 2005-08-10 ·cited 5×
  The Fourth District Court of Appeal dismissed an appeal of a circuit court order that found the plaintiffs entitled to a preliminary injunction but deferred its entry pending a second hearing to determine the scope of the injunction. The court held that the order was not appealab
• Kenyon v. Polo Park Homeowners Ass'n, Inc.
  907 So. 2d 1226· Fla. 2d DCA· 2005-07-08 ·cited 5×·via Permanent Injunction
  The trial court erred in granting summary judgment on the homeowners' claims and in granting the Association's motion for a permanent injunction because the Association failed to meet its burden of proof and because the jury found selective enforcement.
• Miami-Dade Cnty. v. Fernandez
  905 So. 2d 213· Fla. 3d DCA· 2005-05-11 ·cited 5×·via Temporary Injunction
  Miami-Dade County appealed the denial of a preliminary injunction against landowners operating commercial party businesses on properties zoned for agriculture without the required certificates of use. The court reversed, holding that when a government entity seeks an injunction t
• Keeton v. Bryant
  877 So. 2d 922· Fla. 5th DCA· 2004-07-23 ·cited 5×
  Florence Keeton appealed the dismissal of her petition for an injunction for protection against repeat violence and a contempt order. The court reversed the contempt order due to procedural failures in following Florida Rule of Criminal Procedure 3.830, including lack of proper n
• Nat'l Advertising Co. v. City of Miami
  287 F. Supp. 2d 1349· S.D. Fla.· 2003-09-25 ·cited 5×·via Preliminary Injunction
  The court held that National Advertising Company lacks standing to challenge provisions of the City's Zoning Ordinance that restrict noncommercial speech because its interest in noncommercial speech is de minimis (2%).
• Hoffman v. State
  842 So. 2d 895· Fla. 2d DCA· 2003-02-12 ·cited 5×·via Injunction For Protection
  Judy Hoffman appeals her conviction for violating an injunction for protection, arguing the State presented insufficient evidence. The Florida appellate court agrees and reverses, finding the State failed to prove both alleged violations beyond a reasonable doubt.
• Koziara v. City of Casselberry
  239 F. Supp. 2d 1245· M.D. Fla.· 2002-12-10 ·cited 5×
  The court held that the doctrine of res judicata barred the plaintiffs' federal claims because the issues raised could have been litigated in prior state court proceedings.
• Banyan Lakes Home Owners Ass'n, Inc. v. Sch. Dist. OF Palm Beach Cnty.
  823 So. 2d 247· Fla. 4th DCA· 2002-08-07 ·cited 5×·via Temporary Injunction
  The court held that the trial court did not abuse its discretion in denying a motion for a temporary injunction.
• Boyles v. Tiefenthaler
  810 So. 2d 1041· Fla. 2d DCA· 2002-03-13 ·cited 5×
• Stevens v. Bryan
  805 So. 2d 881· Fla. 2d DCA· 2001-09-14 ·cited 5×·via Modification Of Injunction
  The appellate court affirmed a permanent injunction against repeat violence but remanded the case to correct scrivener's errors in the injunction's wording and to clarify restrictions on the enjoined party.
• Cent. Fla. Invs., Inc. v. Orange Cnty. Code Enf't Bd.
  790 So. 2d 593· Fla. 5th DCA· 2001-08-03 ·cited 5×·via Temporary Injunction
  Central Florida Investments and affiliated entities appealed the dismissal of their lawsuit against Orange County for failure to exhaust administrative remedies before challenging the County's denial of their amendment request to operate motorized boats and jet skis on Big Sand L
• Fla. Dep't OF Agric. & Consumer Servs. v. Miami-Dade Cnty.
  790 So. 2d 555· Fla. 3d DCA· 2001-07-20 ·cited 5×
  The Florida Department of Agriculture appealed two temporary injunctions blocking its citrus canker eradication program. The court reversed, holding that Miami-Dade County and the City of North Miami lacked standing to bring a constitutional challenge to the program, as only indi
• Tortoise Island Homeowners Ass'n, Inc. v. Tortoise Island Realty, Inc.
  790 So. 2d 525· Fla. 5th DCA· 2001-07-13 ·cited 5×
  Tortoise Island Homeowners Association appealed a judgment denying it relief in a trade name infringement and dilution suit against Tortoise Island Realty, Inc. The court reversed, holding that the name "Tortoise Island" is protectable as an arbitrary trade name without proof of
• 421 Northlake BLVD. Corp. v. Vill. OF N. Palm Beach
  753 So. 2d 754· Fla. 4th DCA· 2000-03-22 ·cited 5×
  A Florida appellate court affirmed a trial court's injunction prohibiting a nightclub from operating as an adult entertainment establishment, holding that the Village of North Palm Beach's zoning ordinance constitutionally restricts such uses under the First Amendment because it
• Sears Termite & Pest Control, Inc. v. Arnold
  745 So. 2d 485· Fla. 1st DCA· 1999-11-22 ·cited 5×
  The First District Court of Appeal of Florida reversed a lower court's denial of a temporary injunction, finding that a non-compete agreement remained enforceable after a stock purchase and that the former employees' solicitation of customers constituted a breach. The court empha
• Univ. Books & Videos, Inc. v. Metro. Dade Cnty.
  33 F. Supp. 2d 1364· S.D. Fla.· 1999-01-19 ·cited 5×·via Preliminary Injunction
  The court granted plaintiffs' motion for a preliminary injunction, finding a substantial likelihood of success on their First Amendment claim regarding the zoning ordinance's limitations on adult entertainment establishments.
• Patterson v. Simonik
  709 So. 2d 189· Fla. 3d DCA· 1998-04-29 ·cited 5×
  The court held that extensions of injunctions for repeat violence are not automatic and require a showing of continuing reasonable fear, consistent with prior case law on domestic violence injunctions.
• Harley-Davidson Motor Co. v. Iron Eagle of Cent. Fla., Inc.
  973 F. Supp. 1421· M.D. Fla.· 1997-08-01 ·cited 5×·via Permanent Injunction
  The court held that Defendant's use of "Iron Eagle" and related logos constituted trademark infringement and false designation of origin, and that the case was exceptional, warranting attorney's fees.
• RAE v. John F. Flynn, M.D.
  690 So. 2d 1341· Fla. 3d DCA· 1997-03-19 ·cited 5×
  Martha Rae appealed orders denying her an injunction against repeat violence and granting her neighbor, Dr. John Flynn, a permanent injunction prohibiting her from housing pets outdoors due to excessive dog barking. The court affirmed, finding that Rae's dogs constituted an enjoi
• FU Sheng Indus. Co., Ltd. v. T/F Sys., Inc.
  690 So. 2d 617· Fla. 4th DCA· 1997-02-26 ·cited 5×·via Injunction Bond
  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
• Speer v. Evangelisto
  662 So. 2d 1340· Fla. 2d DCA· 1995-11-15 ·cited 5×·via Dissolution Of Injunction
  Speer and Saliu appealed an injunction ordering return of restaurant and bar equipment that had been removed from Florida premises. The court reversed the injunction, holding that because the property had already been removed from the state and the appellees could be fully compen
• THE Florida BAR v. Elida Becerra
  661 So. 2d 299· Fla.· 1995-10-12 ·cited 5×
  The Florida Bar charged Elida Becerra with the unlicensed practice of law. The parties reached a stipulation, which the court approved, permanently enjoining Becerra from providing legal advice on immigration matters and requiring her to take specific affirmative steps, including
• Reynolds v. Cnty. OF Volusia
  659 So. 2d 1186· Fla. 5th DCA· 1995-08-18 ·cited 5×
  Property owners in a beachfront subdivision sought inverse condemnation against Volusia County after the County regulated public use of sandy beach in front of their lots. The court affirmed denial of the inverse condemnation claim, holding that the original 1889 plat dedication
• Callaway Golf Co. v. Golf Clean, Inc.
  915 F. Supp. 1206· M.D. Fla.· 1995-08-08 ·cited 5×·via Preliminary Injunction
  The court granted a preliminary injunction, finding that the defendant's golf clubs were confusingly similar to the plaintiff's trade dress and likely infringed upon the plaintiff's trademarks and trade dress rights under the Lanham Act.
• Lopez v. Paredes
  653 So. 2d 472· Fla. 3d DCA· 1995-04-12 ·cited 5×·via Injunction Requirements
  In a joint venture dispute, the trial court issued a non-final order restricting Lopez's ability to write checks and make unilateral managerial decisions without satisfying the procedural requirements for injunctive relief. The court reversed, holding that such restrictions const
• Forrester v. John H. Phipps, Inc.
  643 So. 2d 1109· Fla. 1st DCA· 1994-09-07 ·cited 5×
  Pamela Forrester appealed the dismissal of her complaint alleging retaliatory discharge under Florida's whistleblower statute (sections 448.101-105). The First District Court of Appeal affirmed the dismissal, holding that the statute protects employees who refuse to participate i
• One World One Family Now v. City of Key W.
  852 F. Supp. 1005· S.D. Fla.· 1994-05-03 ·cited 5×·via Preliminary Injunction
  The court held that the sale of expressive T-shirts from portable tables on public sidewalks constitutes protected First Amendment activity, and the City's permit scheme was likely unconstitutional due to unbridled discretion.
• Sec. & Exch. Comm'n v. Maxwell C. Huffman, Jr.
  996 F.2d 800· 5th Cir.· 1993-08-02 ·cited 5×
  An order of disgorgement by the SEC is not a 'debt' under the Federal Debt Collection Procedures Act of 1990, and therefore state property law exemptions incorporated into the Act do not apply to its collection.
• Sierra Club v. Fed. Deposit Ins. Corp.
  992 F.2d 545· 5th Cir.· 1993-06-08 ·cited 5×·via Preliminary Injunction
  The court held that the district court had jurisdiction to enjoin the FDIC, but vacated the injunction because the plaintiffs had not yet shown entitlement to relief and the district court failed to enter required findings of fact and conclusions of law.
• Clark v. Clark
  984 F.2d 272· 8th Cir.· 1993-01-28 ·cited 5×
  A federal court cannot relitigate issues already decided by state courts if the plaintiff had a full and fair opportunity to litigate those issues in state court.
• In re Colonial Realty Co. v. Hal M. Hirsch
  980 F.2d 125· 2d Cir.· 1992-11-20 ·cited 5×
  The court held that the FDIC's action to recover fraudulently transferred assets is subject to the automatic stay of 11 U.S.C. § 362, as it constitutes an action to recover a claim against the debtor, and the FDIC's statutory rights do not implicitly repeal or limit the automatic
• Merrill Lynch v. Hagerty
  808 F. Supp. 1555· S.D. Fla.· 1992-10-27 ·cited 5×·via Preliminary Injunction
  The court held that the plaintiff demonstrated a likelihood of success on the merits, irreparable harm, and that the balance of harms and public interest favored granting a preliminary injunction.
• T-Marc, Inc. v. Pinellas Cnty.
  804 F. Supp. 1500· M.D. Fla.· 1992-10-07 ·cited 5×·via Preliminary Injunction
  The court held that while most of the challenged ordinance provisions were likely constitutional, certain employee disclosure requirements were overly intrusive and not substantially related to the stated government interests, warranting an injunction.
• NEW England Braiding Co., Inc. v. A.W. Chesterton Co.
  970 F.2d 878· Fed. Cir.· 1992-07-28 ·cited 5×·via Preliminary Injunction
  The court held that the district court did not abuse its discretion in denying NEBCO's motion for a preliminary injunction, as NEBCO failed to demonstrate a likelihood of success on the merits regarding the patent's inventorship.
• O'Donnell Constr. Co. v. Dist. OF Columbia
  963 F.2d 420· D.C. Cir.· 1992-05-05 ·cited 5×·via Preliminary Injunction
  The court held that the District of Columbia Minority Contracting Act, as applied, likely violates the Fifth Amendment's equal protection clause because it lacks a strong basis in evidence to support its racial classifications and is not narrowly tailored.
• Hayden v. Beese
  596 So. 2d 1207· Fla. 4th DCA· 1992-04-08 ·cited 5×
  Tenants appealed the denial of a temporary injunction to prevent eviction under Florida's summary procedure statute. The court upheld the constitutionality of the summary eviction statute and the delegation of rulemaking authority to the legislature, affirming the denial of the i