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
-
The court granted plaintiffs' motion for a permanent injunction, enjoining FEMA from issuing flood insurance for new development in critical habitats until compliance with the ESA and APA is demonstrated.
-
The court held that a trial court lacks jurisdiction to grant exclusive use and possession of a marital residence under section 741.30, Florida Statutes, after denying the petition for a domestic violence injunction.
-
The Florida Fourth District Court of Appeal reversed a trial court's decision permitting a former wife to relocate with minor children from Broward County to Brevard County, holding that the trial court failed to properly consider the six statutory factors required under Florida
-
The Fourth District affirmed the trial court's denial of a temporary injunction to enforce a non-compete covenant because the appellant failed to establish an adequate remedy at law, an essential prerequisite for injunctive relief.
-
906 So. 2d 1112·
Fla. 3d DCA·
2005-05-11
·cited 2×
Prime West and the Condominium Association appealed a trial court order requiring removal of a fence blocking the Camargos' access to their property via a fifty-foot strip of land called N.W. 16th Street, and declaring that strip a public road. The appellate court affirmed the fe
-
Shands at Lake Shore, Inc. appealed a trial court's grant of an emergency temporary injunction in favor of Dr. Frank Ferrero, who sought to enjoin the hospital from interfering with his medical staff privileges. The appellate court reversed, holding that Dr. Ferrero failed to dem
-
A local government can continue to impose a franchise fee on an electric utility during a holdover period after the franchise agreement expires, while parties negotiate a new arrangement or buyout.
-
Sherri Lynn Schmitz appeals a temporary injunction for domestic violence protection and custody order, arguing she was denied due process when the trial court allowed the psychologist to testify based on a 35-page custody evaluation report delivered to her attorney only one day b
-
The court granted the plaintiff's motion for a preliminary injunction, finding a substantial likelihood that defendants violated the FDCA and federal fraud statutes through deceptive practices in marketing an unapproved drug.
-
The trial court erred in applying a "special damages" standard to determine irreparable injury for a temporary injunction, as this standard is relevant to standing, not the irreparable harm element.
-
-
887 So. 2d 1268·
Fla.·
2004-11-18
·cited 2×
The Florida Supreme Court held that a gubernatorial pardon does not eliminate an adjudication of guilt and therefore does not entitle a pardoned individual to a certificate of eligibility for criminal record expungement under Florida Statutes § 943.0585(2)(e). The Court resolved
-
Harrison appeals the trial court's summary denial of his motion to tax costs after his former wife voluntarily dismissed a domestic violence injunction petition. The court reversed, holding that the trial court must hold an evidentiary hearing to determine which costs are taxable
-
The City of Cocoa Beach appeals a contempt order imposing sanctions for violating an injunction that stayed enforcement of voter-approved referendum amendments restricting building height and density. The appellate court reversed, holding that the injunction only prohibited enfor
-
873 So. 2d 530·
Fla. 4th DCA·
2004-05-19
·cited 2×
Anthony Delopa appeals a final judgment of injunction for protection against repeat violence under Florida law. The court reversed, holding that the evidence failed to establish two incidents of violence as required by statute to constitute "repeat violence."
-
The court granted the Special Master's motion to quash a subpoena duces tecum, finding that compliance would impose an undue burden and violate protective orders from a state court.
-
A temporary injunction dissolved for lack of jurisdiction is considered wrongfully issued, entitling the enjoined party to damages against the injunction bond.
-
The court held that the federal government's power to enforce the Internal Revenue Code is an enumerated power, not a residual power, and therefore does not require a "notice of acceptance" of jurisdiction over land.
-
P.M. Realty appeals a permanent injunction against its adult use business in Ybor City, which the trial court granted based on the 'law of the case' doctrine from a prior preliminary injunction ruling. The court reverses, holding that a preliminary injunction does not establish b
-
The court held that the trial court erred in its equitable distribution scheme by omitting assets and failing to make findings, and in dismissing a domestic violence injunction request without a hearing.
-
858 So. 2d 1222·
Fla. 4th DCA·
2003-11-12
·cited 2×
The appellate court affirmed the final judgment of garnishment because the appeal from the June 14, 2002 order denying the motion to dissolve the injunction was untimely filed, depriving the court of jurisdiction to review the merits.
-
The court held that the State failed to prove beyond a reasonable doubt that the defendant intentionally violated the domestic violence injunction by being terminated from a batterer's intervention program.
-
854 So. 2d 676·
Fla. 2d DCA·
2003-07-11
·cited 2×
Skyway Trap & Skeet Club appeals a trial court order that converted a temporary injunction into a permanent injunction prohibiting it from depositing expended shot on adjacent water management district property. The court reversed, holding that the permanent injunction was improp
-
The court held that EchoStar infringed on Plaintiffs' copyrights by retransmitting distant network signals to "served" households, violating the Satellite Home Viewer Act (SHVA) and its amendments.
-
844 So. 2d 804·
Fla. 4th DCA·
2003-05-14
·cited 2×
The court held that the evidence was insufficient to support an injunction for protection against repeat violence because the appellee's own testimony did not establish the required elements.
-
Clara Cortina appealed a trial court's order granting a temporary injunction enforcing a noncompete agreement against her. The appellate court reversed because The Staffing Source failed to provide Cortina with reasonable notice of the temporary injunction hearing, as required by
-
The Florida Supreme Court approved amendments to Florida Family Law Rule of Procedure 12.610 governing injunctions for domestic and repeat violence. The amendments clarify judicial procedures, authorize case management assistance by court staff, require judges to make key safety
-
840 So. 2d 457·
Fla. 4th DCA·
2003-03-26
·cited 2×
M & E Distributors and Mark Martone appealed a temporary injunction prohibiting them from using the name 'Worley's Wonder' to market their own cleaning product. The Fourth District Court of Appeal affirmed the injunction, finding sufficient evidence of trademark infringement and
-
-
The court held that a nude art installation intended as a peace symbol constitutes expressive conduct protected by the First Amendment, and a total ban on nudity is not a narrowly tailored restriction.
-
838 So. 2d 1178·
Fla. 5th DCA·
2003-01-17
·cited 2×
Frontier Insurance Company sought certiorari review of a circuit court order lifting a stay of proceedings that had been entered by a New York court in a delinquency proceeding where Frontier was found insolvent. The appellate court granted the petition and quashed the circuit co
-
833 So. 2d 752·
Fla.·
2002-11-27
·cited 2×
The Florida Bar sought an injunction against Erdon Abreu for unlicensed practice of law, alleging he held himself out as an attorney and charged fees for immigration services including preparing forms and representing a client at an INS hearing. The Florida Supreme Court granted
-
E.S. Thomas & Associates appeals the denial of its motion for a temporary injunction to prevent an independent insurance agent from soliciting its customers and agents in violation of nonsolicitation and noncompetition covenants. The court affirms the trial court's denial, findin
-
831 So. 2d 211·
Fla. 3d DCA·
2002-10-02
·cited 2×
Florida appellate court affirmed an injunction prohibiting contact with a pathologist where the appellant, lacking evidence, accused her of incompetence or misconduct in performing his father's autopsy.
-
The Florida Department of Agriculture appeals a trial court order granting a temporary injunction that held unconstitutional the 2002 amendments to citrus canker eradication statutes. The appellate court certifies the case to the Florida Supreme Court as involving issues of great
-
821 So. 2d 356·
Fla. 4th DCA·
2002-07-03
·cited 2×
North Star Beauty Salon purchased a salon from Judi Artzt and her corporation, agreeing to a non-competition clause that restricted both parties from employing certain individuals. The court affirmed an injunction preventing North Star from employing Steven Radoski, a former empl
-
821 So. 2d 1132·
Fla. 2d DCA·
2002-06-21
·cited 2×
American General sued Spurlock for violating a non-compete covenant but took a nonsuit when realizing it lacked sufficient evidence. The trial court awarded Spurlock attorney's fees based on equitable principles, which the appellate court reversed, finding no legal basis for awar
-
Florida appellate court reversed a temporary injunction restraining removal of children from jurisdiction because the trial court's order and the husband's motion failed to comply with procedural requirements under Florida Rule of Civil Procedure 1.610, including lack of verifica
-
815 So. 2d 785·
Fla. 1st DCA·
2002-05-13
·cited 2×
The City of Gainesville appealed a trial court's grant of temporary injunctive relief against enforcement of a development permit moratorium. The appellate court affirmed the injunction on the merits but remanded for the trial court to address the bond requirement mandated by rul
-
The court reversed an injunction for protection against domestic violence because the trial court denied the appellant his constitutional right to due process by failing to hold a full evidentiary hearing before entering the permanent injunction.
-
833 So. 2d 782·
Fla. 3d DCA·
2002-03-06
·cited 2×
Josephine Pardo appealed an order denying her motion for relief from judgment in a condominium dispute. The trial court had entered a judgment against Pardo for attorney's fees despite the fact that she had sold her unit over two years before the lawsuit was filed and the injunct
-
The court denied plaintiffs' motion for a preliminary injunction because they failed to demonstrate a substantial likelihood of imminent harm or that the court had authority to enjoin the actions of the named defendants.
-
A real estate broker who represented clients in negotiating the purchase of condominium units on Fisher Island subsequently purchased those same units herself after the clients declined to proceed. The clients sued to impose a constructive trust, seeking a temporary injunction to
-
A taxpayer lacks standing to challenge municipal expenditures based on statutory violations alone; a special injury or a violation of specific constitutional limitations on taxing or spending power must be shown.
-
The court held that the statute does not prohibit preliminary injunctive relief for permanent disqualification from the Food Stamp Program, even for trafficking violations, and that the plaintiff met the prerequisites for such relief.
-
793 So. 2d 144·
Fla. 2d DCA·
2001-08-22
·cited 2×
A Florida appellate court reversed a temporary restraining order prohibiting a mother from relocating out of state with her minor child, finding the order was entered without proper notice, without required affidavits or bond, and in violation of procedural rules. The court also
-
789 So. 2d 1099·
Fla. 4th DCA·
2001-06-20
·cited 2×
The Strip, a nude dancing club in Fort Lauderdale, challenged the enforcement of Florida's prostitution statute as unconstitutional both as applied and on its face. The court affirmed the trial court's finding that the club was not truly private, thus rejecting First Amendment pr
-
785 So. 2d 1290·
Fla. 5th DCA·
2001-06-08
·cited 2×
Globe Data Systems sought to enforce a non-compete agreement against former employee Richard Johnson by obtaining an injunction to prevent his use of customer lists and direct solicitation of Globe's customers. The appellate court affirmed the trial court's entry of a permanent i
-
Rudolf Schmidt appeals a contempt of court conviction and fifteen-day jail sentence for violating a domestic violence injunction. The Florida appellate court reversed because the final contempt hearing was not reported, preventing meaningful appellate review of whether polygraph
-
Yachting Promotions appealed a trial court's grant of a mandatory temporary injunction in favor of Broward Yachts. The appellate court reversed, holding that the Dade county circuit court had prior jurisdiction over the same parties and subject matter, and therefore the Broward c