5,622 Florida cases classified under this topic, plus 6,142 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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A husband in a pending dissolution action appealed an ex parte temporary injunction prohibiting him from conducting specified financial transactions. The court affirmed the issuance of the injunction as legally sufficient but reversed and remanded regarding the trial court's fail
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227 So. 3d 160·
Fla. 2d DCA·
2017-05-19
·cited 3×
Florida appellate court affirmed the trial court's order granting equal time sharing and an injunction preventing removal of the child from the state, but reversed the child support determination for failure to include specific income findings and a child support guidelines works
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213 So. 3d 1104·
Fla. 1st DCA·
2017-03-20
·cited 3×
The Florida Office of Insurance Regulation appealed a trial court order granting State Farm Florida Insurance Company's request to keep its QUASR data confidential as a trade secret. The appellate court affirmed, holding that competent substantial evidence supported the finding t
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189 So. 3d 227·
Fla. 2d DCA·
2016-03-16
·cited 3×
Robert Blinn appealed an award of attorney's fees to Florida Power & Light Company (FP&L) under section 57.105(1) after Blinn voluntarily dismissed his trespass and nuisance claims regarding eight electric meters on his home's exterior wall. The court reversed, holding that Blinn
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A father appeals orders suspending his time-sharing with minor children and denying a joint motion to vacate a domestic violence injunction. The court partially affirmed the suspension but reversed it in part for failure to specify reinstatement steps, and reversed the denial of
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Stephen Mantell appeals a domestic violence injunction issued against him. The court reverses the injunction because the appellee presented no evidence at the hearing to support her petition, and even if she had testified about two drive-bys and statements made 5.5 years after a
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Florida appellate court reversed the denial of a motion to dissolve a 14-year-old domestic violence injunction where the appellant had never violated it, had no contact with the appellee, and the underlying circumstances no longer existed.
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The court held that an arrest is valid if probable cause exists for any offense, even if the arresting officer believed probable cause existed for a different offense.
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The Fourth District Court of Appeal reversed a domestic violence injunction, holding that a daughter's unwillingness to see or interact with her mother, absent evidence of actual domestic violence or imminent danger, does not constitute sufficient grounds for a protective order.
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The court denied the plaintiff's motion for an expedited hearing on a preliminary injunction, finding insufficient threat of irreparable harm. However, the court granted the motion in part by scheduling a two-day trial on the merits within 90-120 days to definitively resolve the
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The court held that the appeal of a temporary injunction is moot once the injunction expires by its own terms.
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147 So. 3d 675·
Fla. 3d DCA·
2014-09-24
·cited 3×
Former condominium tenants sought a writ of prohibition to prevent the circuit court from adjudicating an injunction claim brought by their condominium association after they had vacated the unit. The court denied the petition, holding that the circuit court had subject matter ju
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In this defamation case, appellants (stand-up comedians) appealed an order limiting their damages from a wrongfully issued ex parte temporary injunction to the $100 bond amount. The court held that where an injunction is obtained ex parte without notice and the enjoined party pro
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The appellate court held that the trial court erred in granting a temporary injunction without specifying the reasons for its entry, as required by rule.
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133 So. 3d 634·
Fla. 1st DCA·
2014-03-12
·cited 3×
The court reversed a permanent injunction for protection against repeat violence issued against Cannon, holding that Florida Statute § 784.046(2) unambiguously requires proof of two acts of violence, not one, even when a parent seeks the injunction on behalf of a minor child. Alt
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The trial court erred in denying a petition for an injunction for protection against domestic violence without holding an evidentiary hearing.
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Citizens for Sunshine appealed the denial of a temporary injunction against Martin County School Board members who visited an adult education school without providing public notice. The Fourth District Court of Appeal affirmed the denial, holding that while the unnoticed visit vi
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The former husband sought certiorari review of an ex parte emergency order that prohibited all contact with his three minor children for ninety days following a residential treatment program in California. The appellate court granted the petition in part, quashing the ninety-day
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The appellate court affirmed the trial court's denial of a temporary injunction, finding no abuse of discretion because the appellant failed to demonstrate irreparable harm.
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100 So. 3d 1161·
Fla. 2d DCA·
2012-09-28
·cited 3×
A late-filed appeal is not the proper procedure to seek relief from a void order, and the time to file an appeal is not extended even if the order is void ab initio.
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The court held that the petitioner failed to prove he was a family or household member as defined by statute, thus lacking standing to seek a domestic violence injunction.
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86 So. 3d 1252·
Fla. 1st DCA·
2012-05-04
·cited 3×
The appellate court affirmed the trial court's dissolution judgment, finding no abuse of discretion in its rulings on alimony, injunctions, and continuances, while also affirming the award of military retired pay to the former wife.
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83 So. 3d 1011·
Fla. 5th DCA·
2012-03-30
·cited 3×
Ross Clevens appealed a nonfinal order enforcing portions of a settlement agreement (the "Deal Points") between himself and OMNI Healthcare. The Florida Fifth District Court of Appeal dismissed the appeal for lack of jurisdiction, holding that the order was not an appealable nonf
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85 So. 3d 1117·
Fla. 1st DCA·
2012-03-12
·cited 3×
The court held that section 784.046, Florida Statutes, authorizes a parent to seek an injunction for protection against sexual violence on behalf of a minor child based on the parent's sworn petition and reasonable belief, even if the petition contains hearsay statements from the
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The court held that a party seeking a temporary injunction must present sufficient evidence to satisfy all four required elements, not just conclusory allegations or a verified complaint alone.
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The court held that a new domestic violence injunction cannot be issued based solely on a prior incident from years ago and misinformation about an existing injunction, especially when there is no current threat or objectively reasonable fear of imminent danger.
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The Hirchert Family Trust appealed a Florida trial court judgment that refused to enforce a California court's order directing the appellee to convey her Florida homestead property to satisfy a constructive trust imposed for breach of fiduciary duty. The appellate court held that
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62 So. 3d 700·
Fla. 2d DCA·
2011-06-10
·cited 3×
The court held that the evidence did not support a finding of two incidents of violence as required by statute, thus reversing the injunction.
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788 F. Supp. 2d 1363·
S.D. Fla.·
2011-04-25
·cited 3×
The court held that genuine issues of material fact preclude summary judgment on several breach of contract claims, including failure to pay amounts owed, failure to provide documentation (as to damages), failure to pay out insurance proceeds, inflated warehouse costs, sham trans
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Miami-Dade County appealed a trial court's temporary injunction ordering restoration of power to Wilson's nightclub property. The appellate court reversed, holding that Wilson failed to exhaust administrative remedies and received adequate notice of the administrative hearing des
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737 F. Supp. 2d 1364·
M.D. Fla.·
2010-09-02
·cited 3×
The court held that the plan's definition of 'Employer' encompassed Unitrin and its affiliates, meaning pension benefits accrued under a former owner were deductible. The court adopted Florida's contract interpretation rules and the doctrine of contra proferentem for ERISA cases.
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41 So. 3d 386·
Fla. 1st DCA·
2010-07-30
·cited 3×
A law firm sought public records from the Florida Attorney General regarding documents produced by Rodale, Inc. pursuant to investigatory subpoenas. The court held that most documents qualified as trade secrets exempt from disclosure, but reversed regarding customer complaints an
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The court affirmed a trial court's decision to pierce the corporate veil between parent company Wavestone Properties and its subsidiary 17315 Collins Avenue, LLC, allowing a judgment creditor's lien to attach to the subsidiary's real property. The court found that Wavestone impro
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33 So. 3d 742·
Fla. 2d DCA·
2010-04-07
·cited 3×
In this class action challenging occupational license taxes, the Florida District Court of Appeal affirmed the trial court's application of the home venue privilege to exclude non-Hillsborough County municipalities and counties from the defendant class. The court held that unname
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25 So. 3d 1283·
Fla. 3d DCA·
2010-01-27
·cited 3×
The Florida Department of Agriculture and Consumer Services' appeal of a stay order in an inverse condemnation action for citrus canker tree destruction was treated as a petition for certiorari and denied.
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The court held that a special jury instruction defining "maliciously" as disregarding an injunction effectively removed an element of aggravated stalking, thereby prejudicing the defendant.
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The court granted the FTC's motion for summary judgment, finding no genuine issues of material fact regarding the defendant's violations of the Telemarketing Sales Rule and the FTC Act.
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The court held that a prevailing party under the Copyright Act can be eligible for attorney's fees under 17 U.S.C. § 505 and § 412(2) even if they elect to receive actual damages instead of statutory damages.
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The court held that the statute compelling businesses to allow customers to store guns in vehicles is unconstitutional due to an irrational distinction between businesses, while the portion compelling employees with permits to do so is valid.
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973 So. 2d 614·
Fla. 3d DCA·
2008-01-23
·cited 3×
Briceño appeals the denial of his motion for a temporary injunction to preserve accrued interest on funds he claims are subject to a constructive trust. The court affirms, holding that the res of an alleged constructive trust is limited to the principal funds, not accrued interes
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965 So. 2d 1268·
Fla. 4th DCA·
2007-10-10
·cited 3×
The Shereses purchased a home in an HOA community without knowledge of restrictive covenants contained in an unrecorded declaration that prohibited altering the property's walls and windows. When the Genenders objected to the Shereses' removal of an alcove wall, the Shereses sued
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963 So. 2d 297·
Fla. 5th DCA·
2007-08-10
·cited 3×
Florida appellate court affirmed that attorney's fees cannot be awarded in domestic violence injunction proceedings under section 741.30, regardless of allegedly false statements by the opposing party.
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The court adopted the Magistrate Judge's recommendation to grant a preliminary injunction, finding a substantial likelihood of success on the merits for trademark and trade dress infringement and dilution claims.
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949 So. 2d 1086·
Fla. 4th DCA·
2007-02-07
·cited 3×
The court held that the trial court erred in prohibiting future pro se filings without notice and an opportunity to be heard, but affirmed the dismissal of most claims in the motion to correct illegal sentence.
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The appellate court affirmed the trial court's non-final order temporarily granting sole parental responsibility and limiting visitation, finding no abuse of discretion.
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Mr. Costanzo appealed the trial court's denial of his motion to dissolve a domestic violence injunction obtained by his sister, Ms. Costanzo. The court affirmed, holding that siblings related by blood who have resided together in the past qualify as family or household members un
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940 So. 2d 593·
Fla. 1st DCA·
2006-10-31
·cited 3×
School boards challenged the 2004-2005 General Appropriations Act's adoption of a new amenity-adjusted wage-based methodology for calculating the Florida Price Level Index (FPLI), which reduced their K-12 funding compared to the traditional market-basket approach. The appellate c
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The appellate court reversed and quashed an injunction because the trial court failed to comply with Florida Rule of Civil Procedure 1.610's requirements for issuing injunctions, even though the order was merely intended to preserve the status quo.
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The court held that the Third-Party Voter Registration Law unconstitutionally discriminates by exempting political parties and imposes unconstitutional fines that chill First Amendment rights.
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The court granted plaintiffs' motion for a preliminary injunction, enjoining defendants from removing books from school libraries pending further proceedings.