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 Florida Supreme Court denied a petition by three Bar members seeking to enjoin The Florida Bar from using compulsory membership dues to fund a campaign advocating voter approval of merit selection and retention for county and circuit judges. The Court held that the Bar's acti
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767 So. 2d 678·
Fla. 3d DCA·
2000-10-05
·cited 2×
Ari Miller sought an injunction to remove Gina Mendez from the November 2000 judicial ballot, claiming Mendez had not established residency in Miami-Dade County at the time of filing her candidacy oath. The court affirmed the trial court's judgment for defendants, holding that co
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771 So. 2d 1·
Fla. 3d DCA·
2000-06-14
·cited 2×
Physicians Perez and Vazquez appealed two temporary injunctions issued under their non-compete agreements with Humana Medical Plan. The court affirmed the first injunction restricting work within a five-mile radius of Humana's clinic but reversed the second injunction that extend
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A Florida appellate court upheld Medicaid rules excluding coverage for medically necessary abortions except when pregnancy endangers the mother's life or results from rape or incest. The court held that the state's decision not to fund abortions does not violate the Florida const
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A Florida appellate court reversed a domestic violence injunction and contempt order against a Colombian-resident father, holding that the trial court lacked jurisdiction to award custody of the parties' child because the child had no significant connection with Florida and the f
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Uro-Care and Uro-Medix sought a preliminary injunction to enforce a non-compete agreement against their former employee, Dr. Montford. The trial court denied the injunction based on 'patient preference,' but the appellate court reversed, finding this rationale did not constitute
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739 So. 2d 725·
Fla. 5th DCA·
1999-09-10
·cited 2×
Image Data appealed an ex parte temporary injunction that prohibited it and the Florida Department of Highway Safety and Motor Vehicles from disseminating driver license information. The Fifth District Court of Appeal reversed the injunction, finding it violated multiple procedur
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739 So. 2d 697·
Fla. 5th DCA·
1999-09-03
·cited 2×
An accounting firm sold its business to Chitty & Company in a transaction that included non-compete agreements, independent contractor agreements, leases, and promissory notes executed simultaneously. When Chitty failed to pay for services under the independent contractor agreeme
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78 F. Supp. 2d 1327·
S.D. Fla.·
1999-08-27
·cited 2×
The court held that Metropolitan Dade County Ordinance 96-13 is not substantially overbroad and is a constitutional content-neutral time, place, and manner regulation, denying plaintiffs' motion for summary judgment on these grounds.
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Wayne Paint Company appealed the denial of its motion for attorney's fees after successfully defending against Gulfview Apartments' attempt to dissolve or modify an injunction protecting Wayne Paint's ownership interest in a condominium unit. The court reversed, holding that Wayn
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In this dissolution of marriage case, the Fourth District Court of Appeal reversed two temporary relief orders that transferred marital assets to the wife without requiring an injunction bond and without proper consideration of the husband's co-equal interest in the property. The
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The appellate court considered whether a contract provision waiving the bond requirement for a temporary injunction is enforceable, holding that such a waiver is generally not permissible under Florida Rule of Civil Procedure 1.610(b).
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725 So. 2d 1233·
Fla. 5th DCA·
1999-01-22
·cited 2×
Seminole County sought to enjoin Sassy Merlot's, an adult entertainment establishment, from operating without the required license. The trial court granted Sassy's counterclaim for a temporary injunction and ruled that Sassy did not need a license, but the appellate court reverse
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Suarez-Mesa was convicted of first-degree murder and other crimes related to the death of his estranged wife. The appellate court reversed his convictions for first-degree murder and burglary because the trial court erred in admitting a prejudicial videotape of an unrelated bond
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The court affirmed the trial court's injunction but noted reversible error in failing to require a bond for the temporary injunction, which was subsequently remedied.
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The court held that a preliminary injunction is warranted even if the defendant has ceased infringing conduct, especially when the infringement was willful and occurred over a long period.
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This case involves amendments to Florida's Family Law Rules of Procedure and Forms, specifically updating domestic violence injunction forms and support-related forms to comply with legislative changes effective July 1, 1998. The Florida Supreme Court approved the amendments, whi
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The court held that the City's Special Events Policy is unconstitutional because it is content-based, grants excessive discretion to the police chief, and lacks necessary procedural safeguards for speech regulation.
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Tuttle's Design-Build appealed an order requiring it to make interim interest payments under Florida Statute section 702.10(2) during a mortgage foreclosure proceeding. The court held that section 702.10(2) is facially unconstitutional because it deprives mortgagors of due proces
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The court granted summary judgment for the SEC, permanently enjoining the defendants from violating securities laws and imposing monetary penalties for their failure to produce required records.
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701 So. 2d 384·
Fla. 4th DCA·
1997-11-05
·cited 2×
A sheriff's office may solicit competitive bids and award contracts to towing companies for services related to vehicle removal from public property.
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106 F. Supp. 373·
M.D. Fla.·
1997-07-14
·cited 2×
The court held that the plaintiff presented sufficient evidence to raise genuine issues of material fact regarding the location of his injury and the applicability of the res ipsa loquitur doctrine, thus precluding summary judgment.
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The court held that it has jurisdiction to hear the case, granted provisional class certification, and issued a temporary restraining order, denying the defendants' motion to dismiss.
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Dade County appeals a temporary injunction order that prevented property owners from removing asphalt from a public road but failed to require restoration of damaged pavement. The court held that the trial judge abused her discretion by not immediately ordering the defendants to
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Memorial Health Systems appealed an order striking its motion to dissolve a temporary injunction that prevented the Agency for Health Care Administration from issuing MHS a hospice license. The court held that a license applicant not named as a party defendant has standing to mov
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Shalonda Washington sought a writ of prohibition to bar her trial for indirect criminal contempt of violating a domestic violence injunction, arguing the speedy trial rule barred the prosecution because the 90-day period had expired. The court receded from prior precedent and hel
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The Florida Supreme Court disbarred attorney Robert J. Catalano based on reciprocal discipline stemming from his three-year suspension from the Massachusetts Bar. Catalano engaged in a pattern of serious ethical violations including misappropriating client funds, commingling fund
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Goslin and PaineWebber appealed a trial court order confirming an arbitration award and denying damages for a wrongfully issued injunction. The appellate court reversed and remanded, holding that the trial court erred by pre-emptively denying damages for wrongful injunction witho
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687 So. 2d 7·
Fla. 3d DCA·
1996-11-13
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Metropolitan Dade County appealed a trial court's grant of a permanent injunction allowing a licensed exterminator to keep three commercial vehicles at his single-family residential property, subject to certain restrictions. The Third District Court of Appeal reversed the injunct
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682 So. 2d 637·
Fla. 2d DCA·
1996-11-01
·cited 2×
The court held that a motion to dismiss a complaint as a sham should not be granted without a finding of bad faith or inherent falsity, and that the appellants' pleadings should be reinstated.
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The court held that the plaintiff has standing and the case is ripe for review, as the uncertainty surrounding the applicability of Chapter 154 of the Act to his habeas petition creates immediate hardship and a dilemma regarding compliance.
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677 So. 2d 377·
Fla. 1st DCA·
1996-07-12
·cited 2×
The court held that the agency's denial of a hearing was a reviewable agency action, and the petitioner was entitled to a hearing.
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Montesino sought arbitration of breach of contract claims against his former employers and their principal, but the trial court stayed arbitration, finding the defendants were not proper parties to the arbitration agreements. The appellate court reversed, holding that questions a
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661 So. 2d 1262·
Fla. 1st DCA·
1995-10-27
·cited 2×
The City of Fernandina Beach appealed a circuit court order granting a temporary injunction that imposed procedural requirements on the city's removal of its city manager. The Florida First District Court of Appeal reversed, holding that courts should not intervene by injunction
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The court held that the exclusive and perpetual assignment of county court judges to hear domestic violence injunction cases unlawfully usurps circuit court jurisdiction.
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661 So. 2d 955·
Fla. 4th DCA·
1995-10-25
·cited 2×
Florida appellate court reversed an award of attorney's fees to a condominium association against a contractor, holding that a contractual fee-shifting clause tied to contractor performance does not authorize fees for preliminary litigation over a letter of credit until the under
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The court granted a preliminary injunction against defendants for violating the Communications Act by manufacturing and selling devices to illegally intercept cable television programming.
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A defendant held in contempt for violating a domestic violence injunction may be prosecuted for a substantive offense stemming from the same conduct.
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655 So. 2d 144·
Fla. 4th DCA·
1995-05-03
·cited 2×
A satellite dish is considered an 'antenna system' within the meaning of a restrictive covenant prohibiting outdoor antennas, and enforcing such a restriction does not violate the First Amendment.
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873 F. Supp. 648·
S.D. Fla.·
1995-01-11
·cited 2×
The court held that the defendant failed to meet the requirements for an injunction to stay state court proceedings, as he did not demonstrate irreparable harm or the absence of an adequate remedy at law, and the relitigation exception to the Anti-Injunction Act did not clearly a
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656 So. 2d 164·
Fla. 5th DCA·
1994-12-22
·cited 2×
Village Key sought damages for breach of a non-compete agreement in a second action after the first action resulted in a reversed and remanded decision on injunctive relief. The court affirmed the lower court's dismissal based on res judicata, holding that all remedies for breach
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The court approved a stipulation permanently enjoining Corpa Immigration Services from engaging in the unauthorized practice of law.
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James McCray appeals his convictions for burglary, criminal mischief, and trespass arising from domestic disputes with his former girlfriend. The court reversed because the trial judge failed to conduct a Richardson hearing regarding an undisclosed statement by the defendant and
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The court held that respondents engaged in the unlicensed practice of law and permanently enjoined them from continuing such activities.
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637 So. 2d 81·
Fla. 4th DCA·
1994-05-25
·cited 2×
The court held that a guardian and her attorney are not entitled to fees for services performed in violation of a court injunction, even if the initial appointment was in good faith.
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637 So. 2d 339·
Fla. 2d DCA·
1994-05-25
·cited 2×
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634 So. 2d 806·
Fla. 1st DCA·
1994-04-07
·cited 2×
Parents challenged the Alachua County School Board's use of Halloween symbols (witches, cauldrons, brooms) and witch costumes in elementary school Halloween celebrations as violating the Establishment Clause. The court affirmed summary judgment for the school board, holding that