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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932 So. 2d 1255·
Fla. 5th DCA·
2006-07-14
·cited 3×
The court held that the appeal was untimely as to all appellants because the notice of appeal was filed more than 30 days after the order denying injunctive relief, and the motion for rehearing did not toll the time for appeal.
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The court affirmed the trial court's judgment in favor of the City on all of Vavrus' claims and also affirmed the denial of the City's claim for a permanent injunction.
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Catherine Louise Waler sought an injunction for protection against dating violence under Florida law. The trial court dismissed her petition after an ex parte hearing, but the appellate court reversed, finding Waler's allegations sufficient to warrant a temporary injunction and a
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906 So. 2d 316·
Fla. 1st DCA·
2005-06-13
·cited 3×
Petitioner challenged the Department of Highway Safety and Motor Vehicles' authority to require installation of an ignition interlocking device after his sentence was completed, despite the trial court's failure to impose it. The court held that only trial courts, not the Departm
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The court held that the exclusionary effects of the Abbott-Geneva Agreement exceeded the exclusionary potential of the '207 patent, rendering the agreement a per se violation of Section One of the Sherman Act.
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840 So. 2d 1122·
Fla. 3d DCA·
2003-03-26
·cited 3×
The court held that the trial court violated the appellant's due process rights by granting her time to obtain new counsel while simultaneously denying a continuance, forcing her to proceed pro se.
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The court held that it has the authority under the All Writs Act to enjoin CIGNA from proceeding with a settlement in another federal court that threatens the jurisdiction and integrity of this multidistrict litigation.
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834 So. 2d 278·
Fla. 5th DCA·
2002-12-06
·cited 3×
Larry Squires appealed an injunction for protection against repeat violence issued under Florida Statutes § 784.046, claiming he was denied due process by not having a full evidentiary hearing. The appellate court affirmed because Squires failed to provide a proper record of the
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The court held that the trial court erred in denying the motion to dissolve the temporary injunction because the plaintiffs failed to establish the likelihood of irreparable injury and the lack of an adequate remedy at law.
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The court held that a preliminary injunction should be granted because the defendants were not customers of the plaintiff under NASD rules, thus no agreement to arbitrate existed. Compelling arbitration without an agreement constitutes irreparable harm.
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803 So. 2d 869·
Fla. 5th DCA·
2002-01-04
·cited 3×
The City of Cocoa appeals a trial court judgment finding that it did not own patent rights to a bacterial water treatment process invented by city employee Glynn Leffler and his team. The court affirmed, holding that the City failed to prove the employee was hired for the specifi
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779 So. 2d 598·
Fla. 3d DCA·
2001-02-21
·cited 3×
The Florida District Court of Appeal reversed a trial court's dismissal of an action by a property owners association seeking to enforce deed restrictions, holding that deed restrictions arise from contractual equitable rights among property owners and are not interests in real e
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776 So. 2d 1039·
Fla. 1st DCA·
2001-02-02
·cited 3×
Brian McMath appeals a final judgment granting an injunction for protection against repeat violence issued by the trial court. The appellate court reverses, finding that the two incidents cited by the appellee do not meet the statutory definition of repeat violence under Florida
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The court affirmed the denial of a temporary injunction sought by a homeowners association to prevent homeowners from using lap siding, finding the association failed to demonstrate irreparable harm or lack of adequate legal remedy.
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761 So. 2d 1053·
Fla.·
2000-06-08
·cited 3×
The court held that the respondents engaged in the unlicensed practice of law by conducting ecclesiastical court proceedings, issuing legal documents, and filing legal papers on behalf of others and the church.
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The court held that the federal Defendant (Secretary of the Interior) is entitled to summary judgment because its decision to issue an Incidental Take Permit was not arbitrary, capricious, or contrary to law under the Administrative Procedure Act.
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766 So. 2d 301·
Fla. 4th DCA·
2000-03-01
·cited 3×
St. Lucie County Radiation Oncology appealed the trial court's order granting a preliminary injunction in favor of three physicians and their professional corporation, permitting them continued use of appellant's radiation treatment facility. The appellate court affirmed, holding
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Appellants sought to conduct demonstrations outside a veterinary center to gather discovery evidence for their battery lawsuit defense, but the trial court issued a protective order prohibiting demonstrations within 300 yards of the facility. The appellate court dismissed the app
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755 So. 2d 668·
Fla. 4th DCA·
1999-06-23
·cited 3×
The court held that the 1998 amendment to the ordinance, which redefined prohibited nudity, rendered the plaintiffs' challenge to the prior ordinance moot and that the amended ordinance did not constitute a total ban on nudity, thus passing constitutional muster.
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PrimeTime failed to meet its burden of proving its subscribers qualify as 'unserved households' under the Satellite Home Viewers Act, as its methods for determining eligibility were insufficient and its evidence unreliable.
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721 So. 2d 1224·
Fla. 5th DCA·
1998-12-18
·cited 3×
Phyllis Garvin, Vice Mayor of Daytona Beach Shores, appealed the trial court's denial of her injunction to halt a recall election. The court affirmed, holding that one legally sufficient ground for recall (violation of the city charter's manager form of government) was sufficient
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The court held that Florida's Partial-Birth Abortion Ban Act (HB 1227) is unconstitutional because it places an undue burden on a woman's right to an abortion, lacks a sufficient health exception, and is void for vagueness.
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717 So. 2d 601·
Fla. 3d DCA·
1998-09-16
·cited 3×
The City of Miami and its Nuisance Abatement Board appeal a summary judgment finding them liable for compensating motel owners for a temporary taking when the Board ordered closure of their property for six months due to drug and prostitution activities. The court reverses, holdi
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Frederick Heck appeals a temporary injunction entered against him based on allegations of elder abuse and financial improprieties by his mother, Victoria Heck. The court affirms the injunction while dismissing the portion of the appeal concerning financial awards as outside its j
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American Residential Services and David Prince appealed a temporary injunction enforcing a non-competition agreement. The Florida appellate court affirmed the injunction, holding that the trial court properly applied the applicable non-competition statute and that the record supp
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706 So. 2d 70·
Fla. 1st DCA·
1998-02-17
·cited 3×
The court held that the appellant was not entitled to credit for time served in New Jersey custody during his control release, as that time was not related to his Florida crimes.
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Douglas Sharpe appeals a domestic violence injunction granted to his sister-in-law, Michelle Sharpe. The court reverses, holding that the statutory definition of domestic violence requires that the parties reside or have resided in the same dwelling unit, and because Michelle fai
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The court held that the plaintiff sufficiently alleged claims for First and Fourth Amendment violations under 42 U.S.C. § 1983, and that certain defendants' actions could constitute causation, but dismissed claims against two defendants for lack of specific allegations.
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947 F. Supp. 1580·
M.D. Fla.·
1996-11-25
·cited 3×
The court granted summary judgment for the defendant on federal claims, dismissing the procedural and substantive due process and equal protection claims, and remanded the state law claims.
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The court held that the defendants willfully infringed upon the plaintiffs' copyrights by renting counterfeit videocassette tapes, and were in contempt of prior court orders, warranting substantial statutory damages and permanent injunction.
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The Florida First District Court of Appeal reversed an ex parte injunction prohibiting attorney J. Layne Smith from contacting clients of his former law firm employer, holding that the former employer lacked standing to enforce violations of Florida Bar ethics rules through priva
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The court held that the trial court erred by denying the appellant due process and failing to fully consider the best interests of the child when awarding temporary custody to the paternal grandmother.
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670 So. 2d 983·
Fla. 4th DCA·
1996-01-30
·cited 3×
The court held that a writ of ne exeat cannot be used as a substitute for other enforcement remedies like contempt or injunction to force a party to post security or produce assets to satisfy a judgment.
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The court held that the Judicial Nominating Commission's (JNC) questions concerning physical and mental health are overinclusive and violate the Americans with Disabilities Act (ADA).
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899 F. Supp. 624·
S.D. Fla.·
1995-09-22
·cited 3×
The court held that the extradition statute, 18 U.S.C. § 3184, is constitutional as applied to the petitioner, and thus denied his petition for a writ of habeas corpus.
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The court held that Florida's Midwifery Practice Act is constitutional, not violating free exercise of religion, free speech, or being unconstitutionally vague or overbroad.
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Northbrook Property and Casualty Company sought a writ of prohibition to prevent a trial court from exercising jurisdiction over a pending motion regarding an injunction issued in connection with a fraudulent medical malpractice settlement. The Fourth District Court of Appeal gra
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This case involves an appeal of a temporary restraining order enjoining the appellant from disposing of four pieces of jewelry and limiting the appellee's bond. The appellate court affirmed the order, finding the jewelry to be unique and the appellee to have no adequate remedy at
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619 So. 2d 12·
Fla. 5th DCA·
1993-04-30
·cited 3×
The court held that the construction of a dock was not contemplated within the express terms of the easement, which was limited to pedestrian access.
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The court held that loading MAI software into RAM constitutes copyright infringement and that soliciting MAI customers using information from MAI's customer database constitutes trade secret misappropriation.
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The court held that the "affiliate exception" in 19 C.F.R. § 133.21(c)(2) is inconsistent with the Lanham Act's section 42 for physically different goods, but vacated the nationwide injunction as overbroad.
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979 F.2d 1338·
9th Cir.·
1992-11-17
·cited 3×
A non-proprietor municipality is preempted from regulating airport runways and taxiways, as such regulation directly interferes with aircraft operations and is thus invalid on its face.
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The court held that the district court did not abuse its discretion in denying a preliminary injunction against the sale of products by a distributor.
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A temporary restraining order, even if labeled as such and extended by agreement, is not an appealable order under 28 U.S.C. § 1292(a)(1).
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961 F.2d 368·
2d Cir.·
1992-04-09
·cited 3×
The court held that the district court did not err in enjoining Dominick from filing a bankruptcy petition on behalf of Rosedale, as Dominick's prior agreement significantly limited his right to do so.
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ERISA does not affirmatively mandate assignability of welfare benefit plan payments when the plan expressly prohibits such assignments.
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586 So. 2d 1228·
Fla. 3d DCA·
1991-09-17
·cited 3×
The appellate court affirmed the dismissal of a lawsuit seeking to enjoin the issuance of an election certificate. The court held that the plaintiff lacked standing to bring the action under the relevant statute, as the statute's enforcement provisions were intended for governmen
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583 So. 2d 810·
Fla. 4th DCA·
1991-08-14
·cited 3×
Appellant Breslof appeals from a final judgment entered in favor of the condominium association after the trial court had already entered a contradictory final judgment in his favor. The appellate court reversed, holding that the trial court lacked authority to enter a second inc