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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The appellate court reversed an injunction for protection against domestic violence because the trial court erroneously failed to consider a police report. The police report contained a statement from the petitioner that omitted a key detail about the alleged assault, which could
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40 F.4th 1320·
11th Cir.·
2022-07-20
·cited 2×
The Eleventh Circuit held that following Dobbs, Georgia's prohibition on abortions after fetal heartbeat detection is constitutional under rational basis review, and the redefinition of 'natural person' to include unborn children is not unconstitutionally vague on its face.
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The appellate court reversed a trial court's denial of a temporary injunction, finding that the medical practice, Joseph Spine, P.A., was entitled to a presumption of irreparable harm due to a former physician's (Dr. Moulton) violation of restrictive covenants in his employment a
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342 So. 3d 249·
Fla. 1st DCA·
2022-02-16
·cited 2×
The appellate court reversed a lower court's denial of a motion to dissolve a temporary injunction. The court held that a state statute, which allows homeowners to remove dangerous trees with documentation from a certified arborist, preempts local ordinances requiring permits for
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A mother sought a writ of prohibition to prevent a Florida trial court from exercising jurisdiction in a paternity action, arguing that New Jersey was the child's home state under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The Third District Court of App
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327 So. 3d 889·
Fla. 5th DCA·
2021-09-02
·cited 2×
The appellate court affirmed the trial court's denial of a permanent injunction against stalking. The court found that the appellant had only proven one instance of statutorily defined stalking, while two instances are required for an injunction.
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Appellant challenges a 2020 final judgment granting a domestic violence injunction against him and awarding his ex-wife 100% timesharing and sole decision-making authority over their two minor children. The court affirmed the issuance of the DV injunction based on competent, subs
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The appellate court reversed a lower court's denial of a temporary injunction against Alachua County's mask mandate. The court held that the mandate implicated the fundamental right to privacy under the Florida Constitution and therefore required strict scrutiny, which the lower
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312 So. 3d 1036·
Fla. 2d DCA·
2021-03-05
·cited 2×
The appellate court reversed a temporary injunction because the trial court failed to make specific factual findings to support the injunction and did not hold an evidentiary hearing to determine the bond amount. The court emphasized the strict procedural requirements for tempora
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Executive Order 20-244 does not expressly preempt local government curfews because the order's prohibition on measures that "prevent an individual from working or from operating a business" applies only to enactments that prohibit or shut down businesses altogether, not to time-o
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The appellate court affirmed the trial court's decision to grant a preliminary injunction but reversed the decision regarding the lack of a bond. The court found that a bond is required to protect the enjoined party from damages if the injunction is later found to be wrongful.
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When a domestic violence injunction is effectively entered ex parte because the opposing party did not have an opportunity to testify at the initial hearing through no fault of his own, he may challenge the initial grant of the injunction on a motion to dissolve and present evide
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The appellate court reversed a domestic violence injunction against Kent Yaklin, finding that his ex-wife Ashley failed to present sufficient evidence of current or imminent danger. The court emphasized that past allegations were too remote and unsubstantiated, and a recent incid
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296 So. 3d 536·
Fla. 1st DCA·
2020-05-08
·cited 2×
The appellate court reversed a final judgment of dissolution of marriage, holding that a general magistrate should not have presided over the case after the appellant timely objected to the referral. The court emphasized that a magistrate's authority is limited and requires party
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296 So. 3d 528·
Fla. 1st DCA·
2020-05-06
·cited 2×
The appellate court affirmed a trial court's injunction against domestic violence, finding sufficient evidence of stalking to meet the statutory definition. The court also upheld the firearm prohibition and temporary child timesharing provisions.
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299 So. 3d 505·
Fla. 3d DCA·
2020-03-04
·cited 2×
This case involves a dispute over a "hold harmless" provision in a mediated settlement agreement (MSA) incorporated into a divorce judgment. The appellate court reversed the trial court's denial of a wife's motion for indemnification, finding that the husband was obligated to cov
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A trial court's oral pronouncement controls over its written order, and when a written order contains findings not included in the oral pronouncement and not consented to by the respondent, the order must be amended to strike those findings. The circuit court erred in entering fo
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Communications to court administrators and the State Attorney regarding legitimate concerns about school enrollment and alleged fraud do not constitute stalking or harassment sufficient to support an injunction for protection against domestic violence, even if they cause emotiona
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286 So. 3d 900·
Fla. 1st DCA·
2019-12-16
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The appellate court reversed a domestic violence injunction against a father, finding that the trial court improperly admitted hearsay statements from the child without first determining their reliability under Florida's child hearsay exception statute. The court held that withou
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282 So. 3d 937·
Fla. 3d DCA·
2019-09-25
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The appellate court affirmed a permanent injunction against a former nanny who engaged in stalking behavior after her termination. The court found sufficient evidence that the nanny's actions caused severe emotional distress and fear, meeting the statutory requirements for stalki
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The court held that while the trial court correctly granted summary judgment for specific performance and found the requirements for a mandatory injunction were met, the injunction order was facially defective for failing to state the reasons for its entry.
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Gonzalez-Barrera and Garcia appeal a permanent injunction issued against Garcia by Majorca Towers Condominium Association. The court affirmed the injunction prohibiting Garcia from residing in a separate unit from Gonzalez-Barrera without Association approval, but reversed the in
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264 So. 3d 219·
Fla. 2d DCA·
2018-12-21
·cited 2×
Jennifer Miley appeals the trial court's denial of her motion to modify a 2007 injunction for protection against sexual violence entered on behalf of her son J.A.M. against Jessica Dunn. The injunction prohibited Dunn from coming within 250 feet of J.A.M.'s school, but the addres
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259 So. 3d 869·
Fla. 4th DCA·
2018-11-21
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Southern Specialties appealed a trial court judgment finding its unjust enrichment claim time-barred and awarding attorney's fees to Farmhouse based on a rejected offer of judgment. The appellate court affirmed the statute of limitations ruling but reversed the attorney's fees aw
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256 So. 3d 1300·
Fla.·
2018-10-25
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The ballot title and summary for Amendment 6 comply with statutory requirements and reasonably inform voters of the chief purpose of the proposal without misleading them regarding its scope and effect. The amendment's text does not restrict or subordinate any existing defendants'
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Florida appellate court reversed a temporary injunction granted without an evidentiary hearing, holding that trial courts must conduct an evidentiary hearing and make factual findings before granting injunctive relief.
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An unsworn motion for injunctive relief requires an evidentiary hearing before the trial court may grant a temporary injunction, and the trial court must enter factual findings to permit meaningful appellate review.
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Appellants Ralicki and Mawhinney challenged an ex parte emergency injunction granted to 998 SW 144 Court Rd, LLC to prevent their removal of property fixtures and access during a foreclosure proceeding. The Florida Fifth District Court of Appeal affirmed the injunction but remand
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The trial court abused its discretion by relying on website screenshots not introduced into evidence to extend the non-compete injunction, and even if the website existed when alleged, it did not constitute improper advertising under the agreement since it contained only biograph
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253 So. 3d 699·
Fla. 3d DCA·
2018-08-08
·cited 2×
A lease renewal provision that specifies rent as "the then prevailing market rate for comparable commercial office properties" is unenforceable because it does not constitute a definite procedure for establishing rent; the provision leaves too many open questions regarding the id
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A temporary injunction enforcing restrictive covenants in a physician employment agreement was properly granted where the employer demonstrated legitimate business interests in existing patients, substantial investment in developing patient goodwill in a specific geographic area,
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A contempt fine that imposes a flat, unconditional penalty without a purge provision and is not supported by findings of actual loss constitutes a criminal sanction requiring compliance with Rule 3.840; noncompliance with Rule 3.840 constitutes fundamental error requiring reversa
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221 So. 3d 691·
Fla. 4th DCA·
2017-07-12
·cited 2×
Outreach Housing and its principal Blair Wright appealed a summary judgment finding them liable for unfair and deceptive trade practices under Florida's FDUTPA in connection with foreclosure relief services, along with an $880,643 restitution judgment and $7,450,000 civil penalty
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208 So. 3d 331·
Fla. 1st DCA·
2017-01-17
·cited 2×
The Florida District Court of Appeal reversed a permanent injunction that enjoined the Nippers from operating a skydiving business on their agricultural property in Walton County. The court held that Walton County failed to demonstrate a clear legal right to injunctive relief, pa
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The court affirmed the final judgments but remanded to strike surplus language from the findings of fact and conclusions of law regarding a guaranty.
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The Florida Second District Court of Appeal enforced its prior mandate requiring the trial court to grant a temporary injunction prohibiting a former employee from violating a restrictive covenant. The trial court had failed to comply with the appellate court's clear instructions
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198 So. 3d 1040·
Fla. 1st DCA·
2016-08-15
·cited 2×
FAMU Board of Trustees appealed a trial court's order enjoining a student government election, arguing the court lacked subject-matter jurisdiction. The appellate court reversed, holding that Florida Statutes Section 1004.26(5) requires a violation of state or federal law as a pr
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206 So. 3d 739·
Fla. 3d DCA·
2016-07-13
·cited 2×
A trial court does not abuse its discretion by enjoining an alleged continuing trespass, even if the injunction disturbs, rather than preserves, the status quo.
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Florida appellate court reversed summary denial of motion to dissolve dating violence protective injunction, holding that due process requires a hearing when incarceration may render the injunction's purpose moot.
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Betty Dowdy appealed a temporary injunction requiring her to deposit $100,000 in court proceeds from a trust property sale. The court reversed, holding that Michael Dowdy, her stepson and alleged co-trustee, had no likelihood of success on the merits because he did not become a s
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183 So. 3d 449·
Fla. 5th DCA·
2015-12-31
·cited 2×
Carla Hiles appeals a temporary injunction granted to her former employer Americare Home Therapy to enforce restrictive covenants in her employment agreement. The Fifth District Court of Appeal reversed in part, holding that referral sources do not constitute a legitimate busines
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182 So. 3d 738·
Fla. 2d DCA·
2015-12-30
·cited 2×
The Lake Hamilton Lakeshore Owners Association appealed a dismissal of its nuisance complaint against an airboat tour operator, arguing that commercial airboat noise constituted a private nuisance. The court reversed, holding that state law does not preempt nuisance claims and th
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FDHS and Dr. Colina's LLC challenged a trial court's partial denial of a temporary injunction to enforce a restrictive covenant against Dr. Colina's employment with IMG, a large multi-physician medical group. The Florida appellate court reversed the trial court's refusal to enfor
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175 So. 3d 389·
Fla. 1st DCA·
2015-10-12
·cited 2×
Samuel Parise appeals a permanent injunction for protection against repeat violence issued by the trial court. The appellate court reverses and remands because Parise was denied a full hearing—specifically, he was not permitted to present testimony from a law enforcement officer
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CashCall and related entities challenged a trial court's temporary injunction freezing loan proceeds and requiring a $1 million reserve pending resolution of a Deceptive and Unfair Trade Practices Act action. The Court reversed, holding that the Attorney General failed to establi
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162 So. 3d 246·
Fla. 4th DCA·
2015-02-25
·cited 2×
The court held that the trial court erred in denying the tenant's eviction claim and in awarding $100,000 for unjust enrichment due to insufficient evidence.
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The court held that a temporary injunction order must specify the reasons for its entry and be supported by clear, definite, and unequivocally sufficient factual findings for each of the four necessary criteria.
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Jason Konoski appealed from a final judgment of injunction for protection against domestic violence, arguing the judgment lacked evidentiary support and that the trial court improperly excluded his cross-examination testimony. The Florida District Court of Appeal affirmed the inj