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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65 So. 3d 1066·
Fla. 4th DCA·
2010-10-20
·cited 4×
Appellants sought a temporary mandatory injunction to regain possession of an apartment after the appellees allegedly changed the locks in violation of Florida's landlord-tenant statute. The trial court denied the injunction, finding the appellants failed to prove the existence o
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710 F. Supp. 2d 1274·
M.D. Fla.·
2010-09-01
·cited 4×
An 'obey-the-law' injunction is unenforceable and violates Rule 65(d), constitutional rights, and separation of powers, and thus cannot be issued in an SEC enforcement action.
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The court held that the plaintiff is likely to succeed on its claims under the Lanham Act and ACPA for trademark infringement and cybersquatting due to the defendant's unauthorized use of domain names incorporating the plaintiff's VASER and VASER LIPO marks.
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The court held that the plaintiff demonstrated a substantial likelihood of success on the merits of his copyright infringement claim, establishing a prima facie case and refuting the defendant's defenses.
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Appellants sought a temporary injunction to halt the sale of refunding bonds by Miami-Dade County pending resolution of their lawsuit challenging a stadium financing agreement. The court dismissed the appeal as moot because the bonds had been sold to third parties before the appe
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The Florida Supreme Court adopted amendments to civil and family law procedural forms and rules in response to comments received on proposed amendments to manage complex litigation cases. The Court modified the Civil Cover Sheet (Form 1.997), Final Disposition Form (Form 1.998),
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17 So. 3d 1265·
Fla. 4th DCA·
2009-09-23
·cited 4×
The court held that the circuit court has subject matter jurisdiction over injunctions regardless of the amount in controversy, and a dispute over a special assessment levy is not subject to mandatory arbitration under the Condominium Act.
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Michael Reiss appealed a trial court's dismissal of his petition for an injunction for protection against domestic violence against his brother David Reiss. The court affirmed the dismissal, holding that the trial court did not abuse its discretion in finding insufficient evidenc
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4 So. 3d 699·
Fla. 2d DCA·
2009-02-18
·cited 4×
The appellate court held that the temporary injunction was defective because it failed to require a bond and make specific findings regarding irreparable harm, adequate remedy at law, likelihood of success on the merits, and public policy considerations.
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The court found that the defendants failed to prove by clear and convincing evidence that the asserted patent claims were inherently anticipated or barred by prior sale. The court also found that the defendants stipulated to infringement.
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The Beattys appealed a temporary injunction preventing them from blocking their neighbor Aher's driveway access. The court reversed because the injunction violated Florida Rule of Civil Procedure 1.610 by failing to include required findings, date/time of entry, reasoning for ex
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989 So. 2d 660·
Fla. 2d DCA·
2008-07-16
·cited 4×
A former husband appealed a trial court order denying his motion to enforce a marital settlement agreement provision allowing him to travel outside the United States with his minor children. The appellate court reversed, finding that the trial court improperly relied on unadmitte
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988 So. 2d 660·
Fla. 3d DCA·
2008-07-16
·cited 4×
Lennar Homes sought injunctive relief to prevent payment on a letter of credit posted to secure its performance under an option contract to purchase real property from V Ventures. The court affirmed the trial court's denial of the injunction, holding that V Ventures' certificatio
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The prosecution of a felony battery charge is not barred by double jeopardy principles, even if the defendant was previously held in criminal contempt for violating a domestic violence injunction based on the same underlying battery.
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971 So. 2d 165·
Fla. 5th DCA·
2007-12-21
·cited 4×
Glenn Storm appeals a final injunction for protection against repeat violence issued by the trial court. The appellate court reversed the injunction, finding that Storm was denied due process when the trial court refused to continue the final hearing to allow Storm and his attorn
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The Florida Fifth District Court of Appeal reversed a civil RICO forfeiture judgment against bingo operators, holding that violations of Florida's Bingo Statute cannot form the basis for RICO liability and that collateral estoppel barred the relitigation of issues already decided
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The court held that the defendant's senior triplex offerings constituted investment contracts and therefore securities, as they met the Howey test's criteria for an investment of money, a common enterprise, and an expectation of profits derived from the efforts of others.
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Gulf Bay Land Investments and Parcel J-I Development appealed a trial court's permanent injunction blocking construction of the Cap d'Antibes residential condominium project in Collier County, Florida. The appellate court affirmed the injunction, finding that the defendants faile
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The court held that a writ of replevin can only be issued for tangible personal property capable of specific identification and manual seizure, not for intangible assets like bank accounts or accounts receivable.
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The appellate court reviewed an order compelling a party to perform maintenance and repairs on condominium units. The court treated the petition as a nonfinal appeal of an injunction and reversed the order because it was entered without an evidentiary hearing, lacking a factual b
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The court denied the defendant's motion to modify the preliminary injunction to allow access to frozen funds for legal defense costs, finding his arguments lacked merit and he had waived his right to challenge the freeze by agreeing to it twice.
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2005 WL 3359113·
Del. Ch.·
2006-06-19
·cited 4×
The court granted the defendants' motion for summary judgment, finding that Section 81 of the Bond Bill was a constitutional exercise of legislative authority that did not violate separation of powers principles or the one-subject rule. The court further held that the alleged int
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931 So. 2d 977·
Fla. 3d DCA·
2006-05-31
·cited 4×
Citizens for Reform sought to place a referendum on the Miami-Dade County ballot proposing to transfer administrative powers from the County Manager to the Mayor. The circuit court enjoined the ballot measure as unconstitutional, concluding it effectively removed the County Commi
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917 So. 2d 268·
Fla. 5th DCA·
2005-12-16
·cited 4×
A father sought an injunction for protection against domestic violence on behalf of his minor children against his parents (the children's grandparents) who attempted to remove the children from school. The trial court declined jurisdiction without hearing evidence on whether the
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916 So. 2d 891·
Fla. 4th DCA·
2005-11-09
·cited 4×
Sheriff Raulerson appealed a trial court order granting injunctive relief to inmates Marshall and Milton Mitchell regarding conditions of confinement at the Okeechobee County Jail. The appellate court reversed, finding that the Mitchells failed to establish the clear legal right
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The Former Wife appealed the trial court's order suspending the Former Husband's child support obligation and life insurance requirement based on the child's failure to establish a meaningful relationship with him. The Florida District Court of Appeal reversed, holding that the c
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The court granted in part and denied in part the plaintiff's motion for a preliminary injunction, finding that the non-compete restrictive covenant was enforceable against Defendant Rodriguez, who had intentionally breached it, and that there was a presumption of irreparable harm
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The dissenting judge argues that the federal statute (12 U.S.C. § 1831d(a)) expressly preempts Georgia's law that attempts to regulate interest rates charged by out-of-state banks through in-state agents. The dissent contends that the term "any loan" in the federal statute means
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The court held that the trial court abused its discretion by modifying 'no contact' provisions sua sponte and by suspending child support without sufficient evidence of a permanent and involuntary change in circumstances.
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870 So. 2d 930·
Fla. 5th DCA·
2004-04-23
·cited 4×
Sutron Corporation appeals a summary judgment denying its request for an injunction to compel the Lake County Water Authority to award it a public contract despite being the lowest responsive bidder. The Authority rejected all bids after learning that Sutron had participated in d
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871 So. 2d 113·
Fla.·
2004-03-25
·cited 4×
The Court approved amendments to Florida Supreme Court Approved Family Law Forms by deleting Form 12.980(a) (fee-waiver form), creating three new forms for sexual violence protection (Forms 12.980(q), (r), (s)), and amending numerous existing domestic and repeat violence forms to
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867 So. 2d 1172·
Fla. 4th DCA·
2004-02-18
·cited 4×
The court held that the evidence was sufficient to support the injunction and the trial court did not abuse its discretion in limiting cross-examination.
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859 So. 2d 1271·
Fla. 4th DCA·
2003-11-26
·cited 4×
Reuter Recycling challenged a trial court's refusal to enjoin arbitration of claims that were time-barred under the parties' arbitration agreement. The Fourth District Court of Appeal reversed, holding that the arbitration agreement clearly excluded time-barred claims and that th
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852 So. 2d 358·
Fla. 5th DCA·
2003-08-15
·cited 4×
The City of Cocoa Beach appeals a summary judgment invalidating two charter amendments imposing density and height restrictions on development. The court reverses, holding that citizen-initiated charter amendments that indirectly repeal conflicting zoning ordinances are not subje
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The court held that a dispute over access to LLC records is an arbitrable issue under the operating agreement, and the party seeking arbitration did not waive this right.
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The Florida Supreme Court adopted and amended family law forms addressing domestic violence, repeat violence, and dating violence to comport with 2002 legislative amendments that modified statutory definitions, required recording of proceedings, added prohibited conduct violation
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Ronald Gaspard was convicted of aggravated stalking after violating a domestic violence injunction. The court reversed his conviction, holding that knowledge of the injunction's existence is an essential element of the offense that must be submitted to the jury, and the trial cou
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836 So. 2d 1106·
Fla. 2d DCA·
2003-02-12
·cited 4×
Ralph Gianni appeals a permanent injunction for repeat violence issued under Florida Statute § 784.046. The court reversed the injunction, holding that the petitioner failed to establish two incidents of violence as required by statute—only one incident of actual violence occurre
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835 So. 2d 365·
Fla. 5th DCA·
2003-01-24
·cited 4×
Alliant Capital challenged a temporary injunction that kept Singleton and his entities in management control of two senior housing projects. The Fifth District Court of Appeal reversed and remanded because the trial court failed to comply with procedural requirements for issuing
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317 F.3d 1314·
11th Cir.·
2003-01-13
·cited 4×
The dissenting judge argues that the Eleventh Circuit's prior decision in Weng v. U.S. Atty. Gen., which applied the "clear and convincing evidence" standard of 8 U.S.C. § 1252(f)(2) to temporary stay orders pending appeal, was wrongly decided. The dissent contends that the plain
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829 So. 2d 1006·
Fla. 2d DCA·
2002-11-15
·cited 4×
Panamericano sought certiorari review of a trial court order requiring a $4 million bond to maintain a lis pendens. The Florida appellate court affirmed the bond requirement despite the trial court's erroneous finding that the action was founded on a duly recorded instrument, bec
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The court held that a trial court cannot issue directives for exclusive use of a residence and no contact between parties after dismissing a domestic violence injunction for lack of evidence.
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827 So. 2d 365·
Fla. 2d DCA·
2002-10-09
·cited 4×
The court reversed an injunction for protection against repeat violence because the petitioner failed to establish the statutorily required two incidents of violence or stalking. Although one incident involving a gun and physical contact was sufficient to constitute violence, the
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827 So. 2d 322·
Fla. 5th DCA·
2002-09-19
·cited 4×
Florida Power Corporation appealed a trial court's grant of an injunction requiring it to pay a previously-negotiated 6% franchise fee to the City of Winter Park after the franchise agreement expired. The court affirmed, holding that a franchisee remaining in possession after the
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The trial court reversed a domestic violence injunction and modified custody of a minor child based on a modification request the husband had no notice of and no opportunity to address, violating basic procedural due process. The appellate court reversed because the trial court f
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Sheldon Rosenthal appealed a domestic violence injunction entered against him by his sister, Jacqueline Roth, arising from a physical altercation at their mother's hospital. The court affirmed the injunction, holding that siblings related by blood fall within Florida's domestic v
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805 So. 2d 1068·
Fla. 4th DCA·
2002-01-30
·cited 4×
The court held that the injunction for repeat violence was improperly granted because the facts did not establish two separate incidents of violence as required by statute.