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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801 So. 2d 252·
Fla. 4th DCA·
2001-12-12
·cited 4×
Homeowners Craig and Lucille Black appealed the denial of contractually mandated attorney's fees in their dispute with their homeowners association over property rights and easements. The court reversed, holding that the Blacks were the prevailing party on all four counts brought
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796 So. 2d 1283·
Fla. 5th DCA·
2001-10-19
·cited 4×
This case concerns whether a "cruise to nowhere" gambling operation in Florida violated state law. The court held that the operation was legal because it complied with federal law (the Johnson Act) and a specific state statute that exempted registered operators who did not displa
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789 So. 2d 497·
Fla. 5th DCA·
2001-07-13
·cited 4×
The court held that the trial court erred in finding the children dependent as to the father because there was insufficient competent substantial evidence to support a finding of prospective neglect or abuse.
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The court held that the trial court erred by dismissing a domestic violence injunction without affording the wife due notice and an opportunity to be heard, violating her statutory and due process rights.
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The court affirmed a temporary injunction in a medical staff dispute but remanded for a hearing on bond amount after finding the trial court failed to allow appellants to address the bond.
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Judicial Watch petitioned for review of a trial court order requiring the Supervisor of Elections to provide statutory notice to all candidates before allowing inspection of ballots cast in the November 2000 election in Broward County. The appellate court denied the petition, fin
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Federal courts should not enjoin manual vote recounts authorized by state law absent a showing of systematic discrimination or constitutional violation.
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Injunctive relief is appropriate to protect the res in a claim for constructive trust.
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The appellate court affirmed the trial court's denial of a temporary injunction, finding the plaintiff failed to demonstrate immediate danger of significant loss or meet public policy requirements.
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Appellant Davis challenges the trial court's denial of attorney's fees under Florida Statute § 57.105 after she was voluntarily dismissed from a lawsuit filed by her husband's employer based on allegations of embezzlement. The court reversed, holding that filing a lawsuit without
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97 F. Supp. 2d 1134·
M.D. Fla.·
2000-05-10
·cited 4×
The court held that certain provisions of the Pinellas County Code governing adult entertainment establishments, specifically those requiring continuous monitoring of patrons and imposing vicarious liability without scienter, are unconstitutional.
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We're Associates VI appealed orders restricting its access to operating funds held in a Dean Witter account during mortgage foreclosure proceedings. The Fourth District reversed, holding that the trial court lacked authority to impose such restrictions absent a properly requested
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734 So. 2d 1168·
Fla. 2d DCA·
1999-06-18
·cited 4×
Dorothy Leach-Wells appealed a summary judgment dismissing her Sunshine Law claim against the City of Bradenton, arguing that an ad-hoc committee violated Florida's open-meeting law by failing to hold a public meeting before short-listing three contractors. The appellate court co
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The court held that one week of residing together in the same single dwelling unit is sufficient to meet the statutory requirements for issuing a domestic violence injunction.
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The court held that the trial court erred in awarding exclusive use of the marital home to the wife without provisions for its upkeep, given the parties' financial inability to maintain it and pending foreclosure.
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On remand from the Florida Supreme Court, the Second District Court of Appeal addressed whether a municipality has liability for wrongful injunction and whether sovereign immunity applies. The court held that wrongful injunction is a tort claim subject to the statutory liability
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The Florida Supreme Court issued amendments to the Florida Family Law Rules of Procedure, modifying several rules based on comments received following an October 1998 opinion. The amendments address confidentiality of records, expert witness procedures, injunctions for domestic a
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The court held that state officials are not immune from suit under the Eleventh Amendment for prospective injunctive relief to enforce Medicaid law, and that certain Medicaid provisions create an enforceable private right of action under 42 U.S.C. § 1983.
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The court held that the investments offered were securities under federal law and granted the SEC's motion for a preliminary injunction, denying defendants' motions to dismiss and vacate the TRO.
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The court granted the plaintiff's motion for a preliminary injunction, asset freeze, accounting, and expedited discovery, finding that the defendants violated federal law by manufacturing and selling unauthorized cable television decoder devices.
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The court held that the plaintiffs were likely to succeed on the merits of their claim that the defendant's refusal to deliver food to the predominantly African-American community of American Beach, while delivering to the predominantly Caucasian community of Amelia Island Planta
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The court held that the entry of a temporary injunction was error due to procedural and substantive defects, including lack of required findings and bond.
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The court held that an order determining liability for affirmative relief, but leaving causation and damages for trial, is not immediately appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv).
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The Florida District Court of Appeal reversed a trial court's order granting a temporary injunction that prohibited disclosure of investigative materials compiled by state agencies during a regulatory investigation into Prudential Insurance's sales practices. The court held that
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The district court lacks subject matter jurisdiction to grant the requested injunctive relief because the Commodity Exchange Act vests exclusive review of CFTC orders in the court of appeals.
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The court affirmed the temporary injunction, clarifying that it restrains the enforcement of the non-competition clause in the employment agreement.
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The court held that the successive monthly assignments of county court judges to hear domestic violence injunctions are lawful temporary assignments, not an unlawful usurpation of circuit court jurisdiction.
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The court held that the abuse of process action was without basis in law or fact and filed in bad faith, affirming the trial court's summary judgment.
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670 So. 2d 1106·
Fla. 2d DCA·
1996-03-27
·cited 4×
Xavier J. Fernandez, P.A., a non-party to supplementary proceedings to enforce a judgment, appeals a temporary injunction that prohibited asset transfers. The court reversed because the written injunction order was inconsistent with the trial court's oral pronouncement that it wo
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667 So. 2d 892·
Fla. 4th DCA·
1996-02-07
·cited 4×
The civil provisions of section 784.046, Florida Statutes, apply to juvenile respondents, and the circuit court has jurisdiction to consider a petition for injunction against repeat violence involving a juvenile.
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661 So. 2d 295·
Fla.·
1995-10-12
·cited 4×
The Court held that respondents engaged in the unlicensed practice of law and are therefore enjoined from specific activities related to legal practice in Florida.
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The court affirmed the Magistrate Judge's Report and Recommendation, granting summary judgment for the FTC and denying the defendants' motion, finding their direct mail solicitations were deceptive and warranted injunctive relief and consumer redress.
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MediTek Therapy, Inc., an exclusive distributor, appeals a temporary injunction granted without notice, alleging it breached a confidentiality agreement by allowing Korean representatives to inspect and photograph a patented chiropractic treatment table. The appellate court rever
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656 So. 2d 581·
Fla. 1st DCA·
1995-06-20
·cited 4×
The court held that the trial judge erred in determining a regulatory taking occurred and that the City could not issue permits inconsistent with its comprehensive plan.
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The court held that a tenant stated a valid cause of action for negligent misrepresentation against a landlord, even though the lease itself was unenforceable due to statutory non-compliance.
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The court held that an attorney's transfer of client funds in violation of a temporary restraining order, even if done in good faith belief of ownership, constitutes contempt of court.
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The court affirmed a temporary injunction restricting fund transfers from a limited partnership by the general partner but reversed the bond amount determination because the trial court improperly denied the defendants an opportunity to present evidence on the bond.
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177 B.R. 1000·
S.D. Fla.·
1995-01-27
·cited 4×
The court affirmed the Bankruptcy Court's order, holding that the Sipes were not denied due process and that their homesite purchase agreement was an executory contract subject to rejection under the Bankruptcy Code.
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The Florida Third District Court of Appeal denies the State's motion to transfer a contempt appeal to circuit court, holding that the circuit court properly exercised jurisdiction over indirect criminal contempt proceedings for violations of domestic violence injunctions under se
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651 So. 2d 97·
Fla. 4th DCA·
1994-11-30
·cited 4×
The contempt finding and $1,700,000 fine must be reversed because the trial court failed to follow the procedural requirements of Rule 3.840 for indirect criminal contempt proceedings, and even if proper procedures had been followed, the fine was statutorily excessive absent spec
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The court held that an association lacked standing to sue on behalf of its members because individualized proof was required for ADA violations and relief, and that plaintiffs lacked standing to seek an injunction for the city's non-compliance with administrative regulations as i
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644 So. 2d 86·
Fla.·
1994-10-20
·cited 4×
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The United States sought a preliminary injunction against maritime salvors (the Fishers) to prevent them from using prop wash deflectors in the Florida Keys National Marine Sanctuary, which destroys seagrass and damages the marine ecosystem. The court held that the Florida Keys S
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638 So. 2d 544·
Fla. 2d DCA·
1994-05-13
·cited 4×
The Howells appeal a summary judgment that enjoined them from interfering with the Millers' use of a recorded easement across their property by erecting a fence. The court upheld the injunction but remanded the case for resolution of the Howells' counterclaim regarding the scope
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637 So. 2d 292·
Fla. 5th DCA·
1994-04-29
·cited 4×
Spencer Pest Control sought an injunction to enforce a noncompete agreement against its former manager Lewis Smith. The trial court denied the temporary injunction for lack of showing of irreparable injury, and the appellate court affirmed, holding that irreparable injury cannot
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Roger Shields was convicted of indirect criminal contempt for allegedly violating a domestic violence injunction by placing a personal notice in a newspaper. The appellate court reversed, finding insufficient evidence that Shields actually placed the notice.
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In this child custody appeal, the Florida District Court of Appeal affirmed a trial court's decision to assume jurisdiction over a custody dispute and award temporary custody to the mother, despite the family's residence in Southeast Asia. The court held that while an Indonesian
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Former wife Hinsley appeals the trial court's continuation of a mutual restraining order that prevented either party from removing their children from Florida. The appellate court reversed and dissolved the restraining order because it was improperly extended after the case was h
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The court held that the lower court erred in finding the covenants and restrictions unambiguous and in refusing to defer to the architectural review committee's approval of the Sweeneys' construction plans.