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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141 So. 3d 729·
Fla. 1st DCA·
2014-07-07
·cited 2×
An order granting a temporary injunction must contain clear, definite factual findings supporting each of the four necessary elements, and failure to do so requires reversal and remand.
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Stacy Smith appealed the dismissal of her petition for a domestic violence injunction against Philip Manno. The trial court dismissed the petition without holding an evidentiary hearing, citing pending criminal charges against Manno with bond conditions already protecting Smith.
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Richland Towers appealed the denial of a temporary injunction to enforce restrictive covenants and confidentiality provisions in employment agreements with former employees Denton and West. The court reversed, holding that the restrictive covenants were enforceable independent co
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Hunter sought a writ of prohibition to challenge a trial court order that dismissed her domestic violence injunction petition but nonetheless imposed a temporary parenting plan with rotating custody. The appellate court granted the petition for writ of certiorari, holding that th
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The Florida Supreme Court adopts amendments to the Florida Rules of Judicial Administration and Family Law Rules of Procedure to implement the unified family court model, ensuring that related family cases are properly coordinated, all parties receive notice of related proceeding
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123 So. 3d 98·
Fla. 3d DCA·
2013-09-25
·cited 2×
Casino Investment appeals a summary judgment and permanent injunction prohibiting it from constructing a building on its property within a shopping center. The appellate court reversed, holding that the Declaration of Easement's provisions do not, as a matter of law, bar Casino's
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The court held that a permanent modification of the parenting plan was improper when the trial court orally stated it was temporary, and attorney's fees for domestic violence injunction cases cannot be awarded under the statute.
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103 So. 3d 932·
Fla. 1st DCA·
2012-11-13
·cited 2×
The court held that the lower court erred by denying a motion to dissolve an injunction without providing the movant an opportunity to be heard.
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113 So. 3d 870·
Fla. 2d DCA·
2012-07-11
·cited 2×
The court held that a case management order broadly restricting parties' communication regarding litigation issues constitutes an injunction and an impermissible prior restraint on speech absent necessary findings.
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86 So. 3d 1240·
Fla. 5th DCA·
2012-05-04
·cited 2×
Tucker appeals from a temporary injunction preventing her from relocating her minor child more than 50 miles from their current residence without the child's father's consent or court approval. The dispute centers on whether the 50-mile distance restriction in their Mediated Pate
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65 So. 3d 645·
Fla. 4th DCA·
2011-07-27
·cited 2×
William Rudge appeals a trial court order modifying a temporary injunction that allowed the City of Stuart to enter his property to abate code enforcement violations and clean up a public nuisance. The Fourth District affirms the injunction, holding that the city has a clear lega
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Florida appellate court affirmed a permanent domestic violence injunction, rejecting the appellant's claims that he lacked notice and that the injunction exceeded statutory duration limits.
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The court held that the denial of Vertex's application was supported by substantial evidence in the written record, and thus did not violate the Telecommunications Act of 1996.
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Sergio Sanchez appeals a domestic violence injunction issued in favor of his estranged wife, Mirna Sanchez. The appellate court reversed the injunction, finding that the evidence was insufficient to demonstrate that Mirna had reasonable cause to believe she was in imminent danger
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67 So. 3d 251·
Fla. 2d DCA·
2010-11-10
·cited 2×
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39 So. 3d 487·
Fla. 4th DCA·
2010-07-07
·cited 2×
Property owners challenged Boynton Beach's special assessment for an integrated fire rescue department, arguing the assessment was unlawful because it funded non-benefiting services, used an arbitrary apportionment methodology, and improperly funded EMS. The trial court upheld th
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37 So. 3d 986·
Fla. 4th DCA·
2010-06-30
·cited 2×
Florida appellate court reversed an injunction against repeat violence because the evidence established only one act of violence (battery), not the two required instances under § 784.046.
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The court found that defendants infringed TracFone's trademarks and copyrights, and breached their contract by unlocking and reselling TracFone phones, leading to a default judgment.
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Miami-Dade police officers Avila and Perez sought injunctive relief to prevent their termination, claiming the county violated a 180-day statutory notice requirement for disciplinary action. The trial court and appellate court rejected this challenge, holding that the 180-day per
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The court held that the plaintiff failed to demonstrate a substantial likelihood of success on the merits or irreparable harm, thus denying the motion for a preliminary injunction.
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Leah Muse appeals a domestic violence injunction entered against her on behalf of minor children. The court reversed the injunction, holding that the petitioner's subjective fear of potential harm without evidence of actual domestic violence or imminent danger is insufficient und
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The court affirmed the magistrate judge's report and recommendation, granting summary judgment for the defendants and dismissing the plaintiff's claims.
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The court held that the five-year statute of limitations under Fla. Stat. § 95.11(2)(a) does not apply to the registration of a foreign judgment and issuance of a writ of garnishment, and that genuine issues of material fact exist regarding alter-ego liability, thus denying the m
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The court granted in part and denied in part defendants' motion for attorneys' fees and costs, awarding $4,263.70 in taxable costs but denying sanctions under Rule 11 and 28 U.S.C. § 1927.
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The court held that the plaintiff failed to establish a substantial likelihood of success on the merits for its copyright, trademark, or false advertising claims, and therefore denied the motion for a preliminary injunction.
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The court held that plaintiffs have established a likelihood of success on their breach of contract claim based on defendants' financial defaults, justifying a preliminary injunction.
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The court granted the receiver's motion for an anti-suit injunction, enjoining the defendant from proceeding with foreign civil litigation that interferes with the receivership proceedings and the court's jurisdiction.
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A physician appeals a temporary injunction enforcing a non-compete provision in his employment agreement with his former employer. The trial court granted the injunction, finding sufficient evidence of the doctor's breach of the restrictive covenant, and the appellate court affir
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993 So. 2d 605·
Fla. 2d DCA·
2008-10-31
·cited 2×
The Florida District Court of Appeal reversed a trial court's dismissal of claims against the Southwest Florida Water Management District, holding that sovereign immunity does not bar inverse condemnation claims and that the complaint stated a viable cause of action for injunctiv
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The court held that service by mail on a nonparty bound by an injunction, to multiple addresses and counsel, was sufficient to establish personal jurisdiction for contempt proceedings, and thus the contempt judgment was not void.
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989 So. 2d 1267·
Fla. 2d DCA·
2008-09-12
·cited 2×
A proposed Hillsborough County Charter amendment to replace an appointed Administrator with an elected County Mayor was removed from the 2008 ballot because the ballot summary was misleading. The amendment contained date-specific language requiring the Mayor's first election in 2
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The court held that the Travel Act's restrictions on nonstate funds, and nominal state funds for administration, impermissibly sanction designated countries and obstruct federal objectives, but the restrictions on state funds are constitutional.
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The court held that the statute compelling businesses to allow workers with concealed-carry permits to store guns in their vehicles in parking lots is constitutional, but the provision compelling businesses to allow customers to store guns in vehicles is unconstitutional due to a
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Fortune Development Sales Corporation obtained a judgment against Wavestone Properties for breach of an exclusive real estate listing agreement and sought to enforce it through proceedings supplementary. The trial court granted a temporary injunction freezing condominium sale pro
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964 So. 2d 813·
Fla. 4th DCA·
2007-09-19
·cited 2×
A minority shareholder challenged a trial court order requiring him to post an $8.5 million bond as a condition of maintaining two counts in his complaint challenging a corporate asset sale. The court held that requiring a bond unrelated to a lis pendens violates a shareholder's
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The court held that the trial court erred in issuing an injunction for protection against domestic violence due to insufficient evidence of domestic violence or imminent danger.
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The Eleventh Circuit reversed a district court's preliminary injunction against the Tampa Sports Authority's pat-down search policy at Raymond James Stadium, holding that a season ticket holder voluntarily consented to the searches through his knowledge of the policy, multiple op
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511 F. Supp. 2d 1263·
M.D. Fla.·
2007-05-14
·cited 2×
The court held that the Williams defendants are entitled to summary judgment as they are private citizens not acting under color of state law, but denied summary judgment for the officer defendants on the illegal entry claim due to genuine issues of material fact regarding qualif
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954 So. 2d 659·
Fla. 5th DCA·
2007-04-05
·cited 2×
The Florida Department of Corrections appealed a trial court injunction prohibiting the automatic violation of sex offender probation for those unable to provide a compliant residence address before release from incarceration. The appellate court reversed the injunction on proced
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951 So. 2d 51·
Fla. 2d DCA·
2007-03-07
·cited 2×
The Florida District Court of Appeal reversed a permanent repeat violence injunction issued against Shirley Porter, the paternal grandmother of the petitioner's child. The court held that the circuit court failed to conduct a proper full evidentiary hearing by refusing to allow P
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947 So. 2d 533·
Fla. 1st DCA·
2006-12-21
·cited 2×
Foster Cullum appealed a trial court judgment finding him in default under a commercial lease and thus unable to enforce a companion non-compete agreement. The appellate court reversed the default finding, holding that Cullum had timely tendered the property tax payment and that
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The Fifth District Court of Appeal reversed a trial court's grant of an ex parte temporary injunction in a business dispute between a father and daughter over their shared computer accessories distribution company. The court held that the plaintiff's pleadings were legally insuff
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Court affirmed dismissal of petition for mandatory injunction to remove judicial candidate from ballot because plaintiff failed to name indispensable parties (election officials) as defendants.
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927 So. 2d 1005·
Fla. 4th DCA·
2006-04-19
·cited 2×
Appellants Iannazzo and Schweizer appealed a Florida trial court's order enforcing New York court judgments against them regarding ownership of Florida real estate. The Fourth DCA affirmed the enforcement but reversed the portion of the injunction that froze Schweizer's unrelated
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Mother appealed an order denying her motion to dissolve an ex parte temporary injunction that modified a final dissolution judgment by awarding father temporary sole parental responsibility and prohibiting mother from removing the children from jurisdiction. The appellate court r
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The mother appeals a trial court's amendment to a domestic violence injunction order that was entered without notice to her. The appellate court reversed, holding that injunction orders cannot be amended ex parte without notice and opportunity to be heard, relying on binding prec
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922 So. 2d 367·
Fla. 3d DCA·
2006-03-01
·cited 2×
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The court held that the final domestic violence injunction must be reversed because the respondent did not receive reasonable notice of the final hearing.
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407 F. Supp. 2d 1304·
S.D. Fla.·
2005-12-05
·cited 2×
The court held that the defendants engaged in fraudulent solicitations by misrepresenting profit potential, downplaying risks, and failing to disclose their poor track record, violating the Commodity Exchange Act and CFTC regulations.
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The district court erred in holding that the doctrine of equitable estoppel does not apply where the plaintiff did not know about the cause of action until after the statute of limitations expired, as this conflicts with prior Supreme Court precedent in cases involving unique cir