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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69 Fla. 462·
Fla.·
1915-04-20
·cited 5×
Seaboard Air Line Railway sought to enjoin landowners from constructing a private tram road across its railroad track. The Florida Supreme Court held that the railroad company retained an implied right of way over the land it previously conveyed, and that absent legislative autho
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57 Fla. 374·
Fla.·
1909-01-01
·cited 5×
The City of Jacksonville appealed from a circuit court decision granting Southern Bell Telephone and Telegraph Company an injunction against enforcement of a municipal ordinance fixing maximum telephone rates. The Florida Supreme Court affirmed the injunction, holding that the ci
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Appellants Winborne and Camp Manufacturing Company appealed interlocutory orders granting and refusing to dissolve an injunction in a bill filed by appellee Hughey. The Supreme Court affirmed a related circuit court decree that canceled Hughey's tax deed as a cloud on appellants'
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23 Fla. 478·
Fla.·
1887-06-01
·cited 5×
William W. Willingham, imprisoned for life, sought an injunction to prevent his wife's sale of his cattle to Ziba King. The Florida Supreme Court affirmed dismissal of the bill, holding that the suit was improperly brought and that the matter was one for common law remedy, not eq
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The Eleventh Circuit affirmed the district court's grant of a preliminary injunction, finding that the protégé (Threat Tec) likely breached its fiduciary duty to the mentor (Yorktown) by attempting to use a subcontract termination clause to steal the mentor's workshare on a gover
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The Eleventh Circuit held that Ibrahim Almagarby violated the Securities Exchange Act by operating as an unregistered securities dealer in penny-stock transactions involving the rapid purchase and resale of convertible debt at steep discounts, and affirmed the district court's di
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An order freezing assets in a guardianship proceeding is a temporary injunction subject to rule 1.610, and must include clear, definite factual findings supporting all four elements of the temporary injunction test: (1) likelihood of irreparable harm, (2) lack of adequate remedy
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A domestic violence injunction must be reversed when the petitioner fails to prove the respondent's conduct constitutes harassment or stalking as defined by statute, specifically where the alleged conduct was not directed at the petitioner and served a legitimate purpose.
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Paragraph 5 of the 2010 Settlement Agreement is unambiguous and clearly reserves to BCE perpetual ownership rights in any upland areas necessary to maintain its beach concession licenses. The trial court properly reformed the 2013 special warranty deed by mutual mistake to reserv
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A domestic violence injunction must be supported by competent, substantial evidence demonstrating that the petitioner has an objectively reasonable fear of imminent danger. Threats made more than one year before filing the petition are too remote in time to support an injunction
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The appellate court affirmed a trial court's order granting a temporary injunction to remove a trustee. While the trial court improperly applied the Florida Trust Code, the injunction was permissible under common law principles for land trusts.
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A trial court's order granting a temporary injunction must explicitly relate factual findings to each of the four required elements and provide sufficient factual or legal basis for any affirmative obligations imposed, as strict compliance with Florida Rule of Civil Procedure 1.6
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The Eleventh Circuit affirmed the district court's grant of a preliminary injunction, finding the inmate had standing and was likely to succeed on his ADA claim regarding a reasonable accommodation for his cognitive and reading disabilities in electing an execution method.
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333 So. 3d 289·
Fla. 3d DCA·
2022-01-19
·cited 4×
This case involves a dispute over ownership interests in foreign corporations, with allegations of fraudulent divestment and conspiracy. The appellate court affirmed the lower court's denial of motions to dismiss for lack of personal jurisdiction and forum non conveniens, finding
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Fla. 4th DCA·
2021-09-15
·cited 4×
A trial court's decision to deny, dissolve, or modify an injunction will not be disturbed on appeal unless a clear abuse of discretion is demonstrated.
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327 So. 3d 872·
Fla. 3d DCA·
2021-09-01
·cited 4×
Violation of an enforceable restrictive covenant creates a statutory presumption of irreparable injury; when a party presents unrebutted evidence of such violation, a trial court abuses its discretion in denying a temporary injunction based on the availability of monetary damages
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326 So. 3d 83·
Fla. 4th DCA·
2021-08-18
·cited 4×
When a motion for rehearing alleges facts that suggest excusable neglect, the trial court must either conduct a limited evidentiary hearing on the motion or grant the requested relief.
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Fla. 3d DCA·
2021-06-23
·cited 4×
TV 109, LLC and TV 111, LLC appealed a trial court's denial of their motion to dissolve an arbitrator's injunction prohibiting them from using their condominium units as a synagogue, allegedly in violation of the Declaration of Condominium. The Third District Court of Appeal affi
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315 So. 3d 1223·
Fla. 4th DCA·
2021-04-21
·cited 4×
Former business partners disputed control of certain clients under a dissolution agreement. The movant filed a motion for temporary injunction without first filing a complaint, and the trial court granted the injunction without making specific factual findings. The appellate cour
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The appellate court affirmed a domestic violence injunction and temporary time-sharing plan against a husband residing in Kuwait. The court found sufficient personal jurisdiction over the husband due to his presence in Florida when served and a past incident of domestic violence
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JM Field Marketing sued Mapei Corporation and Southeastern Printing Company for misappropriating its proprietary All In View (AIV) software system in violation of trade secret law and a confidentiality agreement. The circuit court granted a temporary injunction preventing further
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A party moving to dissolve a domestic violence injunction must demonstrate that the circumstances underlying the injunction no longer exist so that continuation would serve no valid purpose, and the court must find that the victim no longer reasonably maintains a continuing fear
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299 So. 3d 481·
Fla. 3d DCA·
2020-02-26
·cited 4×
The appellate court affirmed a trial court's order for a mandatory injunction. The injunction required appellants to return $19.5 million to an escrow account and prohibited further transfers, pending a determination of the appellee's ownership interest in the funds.
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Picture It Sold Photography appeals the denial of a temporary injunction to enforce a non-solicitation and non-compete agreement against former independent contractor Scott Bunkelman. The trial court found the restrictive covenants reasonable and that Bunkelman violated them, but
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This case involves a judgment creditor seeking to collect a large debt by filing notices of lis pendens against properties allegedly transferred fraudulently by the debtor. The appellate court reviewed several related orders, ultimately reversing the discharge of the lis pendens
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Fratangelo petitions for certiorari to review a non-final trial court order denying his motion for entry of final judgment and reconsideration after a bench trial in a complex business dispute with Olsen over missing assets from LLCs. The appellate court dismisses the petition be
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The Florida Supreme Court authorized amendments to seven standard jury instructions in criminal cases, primarily adding the concept of "possession" to various property crime offenses and updating statutory citations to reflect repealed statutes.
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An injunction for protection against domestic violence may be issued under section 741.30 based on a minor child's direct testimony of sexual battery committed by a parent, without requiring the petitioning parent to be an eyewitness or provide direct physical evidence, as sectio
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259 So. 3d 893·
Fla. 3d DCA·
2018-08-15
·cited 4×
An injunction requiring deposit of funds into the court registry is proper where the funds are clearly identifiable, were never the property of the enjoined party, belong to either the plaintiff or a third party, and were intended for a specific purpose in a foreclosure action. T
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An appeal of an expired injunction for protection against stalking is moot when none of the three exceptions to the mootness rule—questions of great public importance, likelihood of recurrence, or collateral legal consequences—apply.
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The injunction against stalking was properly granted, but the 500-foot buffer zone provision was overbroad and violated the appellant's constitutional property rights because it prevented him from accessing his own residence and property. The court reversed the buffer zone provis
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Rabih Youssef appealed the trial court's grant of a temporary domestic violence injunction against him, arguing the court lacked personal jurisdiction. The Second District Court of Appeal agreed, finding that Youssef's minimal contacts with Florida—vacations, family residence, an
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In a dissolution of marriage case, the trial court awarded the former wife only partial attorney's fees despite her need and the former husband's ability to pay, based on her litigation misconduct including false abuse allegations. The appellate court affirmed, holding that a tri
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The Florida First District Court of Appeal reversed a domestic violence injunction entered against a former husband, holding that the trial court violated due process by entering a final injunction without providing the defendant an opportunity to be heard and without receiving a
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Sean Hall appealed a trial court's denial of his motion for attorney's fees under Florida Statute 57.105 in a repeat violence injunction action. The First District Court of Appeal reversed, holding that section 57.105 attorney's fees are not prohibited in actions under section 78
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The court held that the plaintiff established a likelihood of success on the merits of its trademark infringement claim, justifying a preliminary injunction.
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The court held that a delay in litigation should not cause a valid non-compete period to expire before the merits of the injunction can be decided.
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Amanda Pryor appeals an order extending a temporary injunction for domestic violence protection that had already expired by the time of appeal. The court vacates the extension order and the temporary injunction itself, dismissing the appeal as moot while acknowledging the collate
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118 So. 3d 896·
Fla. 1st DCA·
2013-07-19
·cited 4×
The court held that the trial court misconstrued the evidence and controlling precedent regarding boundary retracement by surveyors.
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The court held that the trial court abused its discretion by refusing to dissolve an ex parte temporary custody order because the father failed to present sufficient evidence to support it.
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The court held that competent substantial evidence supported the trial court's judgment establishing paternity, ordering shared parental responsibility, and awarding majority time-sharing, and thus affirmed the judgment.
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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
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The appellate court reversed a domestic violence injunction against Francis M. Johns because the trial court failed to conduct a full evidentiary hearing as required by statute, depriving her of procedural due process. The court held that both parties must have a reasonable oppor
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The Florida Supreme Court adopted amendments to the Florida Family Law Rules of Procedure to implement new legislation creating a cause of action for injunctions for protection against stalking. The amendments update multiple rules to add stalking to existing references for domes
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95 So. 3d 262·
Fla. 4th DCA·
2012-06-13
·cited 4×
Sun Harbor Homeowners' Association appealed a bench trial judgment in favor of homeowner Bonura, who claimed his fiancée's dog qualified as a reasonable accommodation under federal and state fair housing laws despite the community's no-dogs policy. The court reversed, holding tha
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79 So. 3d 213·
Fla. 2d DCA·
2012-02-15
·cited 4×
The court held that a lis pendens was not authorized because the plaintiffs' action, based on deed restrictions, did not affect title to or right of possession of the subject property.
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Lazaro Rangel appealed a permanent injunction for protection against repeat violence issued by the trial court. The appellate court reversed, finding that the petitioner failed to meet the statutory legal requirements for such an injunction under Florida law.
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71 So. 3d 144·
Fla. 5th DCA·
2011-08-26
·cited 4×
Melbourne Ocean Club Condominium Association and its managing agent Tinimar appealed a trial court order requiring them to provide independently audited financial statements to unit owners. The court affirmed the order as to MOCCA but reversed as to Tinimar, holding that the unit
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The court held that the plaintiff's claims were either moot because the alleged ADA violations had been remedied or failed to state a claim because the alleged barriers did not violate the ADA. The court also granted sanctions against the plaintiff.