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 court held that the temporary injunction was improperly granted with respect to the Land Development Code, Ordinance No. 88-3, as it was not an issue raised by the County.
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632 So. 2d 249·
Fla. 3d DCA·
1994-02-22
·cited 2×
The court held that the order allowing a lessor to enter leased premises for renovations, entered without proper procedure, constituted an injunction and was therefore voidable.
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A temporary injunction to secure a statutory lien on the proceeds of a crime is improper before a conviction, as the right to the lien is contingent upon that future event.
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Sasser Funeral Home appealed a partial temporary injunction order against former funeral home owners Charles and Barbara McClellan, who opened a competing business allegedly in violation of a non-competition clause. The court reversed and remanded, finding the key contractual ter
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627 So. 2d 27·
Fla. 2d DCA·
1993-11-05
·cited 2×
In an interlocutory appeal from a boundary and easement dispute between a property seller and buyers, the court reversed the trial court's denial of the seller's motion to release mortgage payments held in the court registry, finding that possession of the funds was not at issue
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Royal Floral Distributors sought to enforce a non-compete agreement against two former employees, Karukin and Lananna, who left to start a competing business. The trial court initially modified the injunction to exclude Lananna based on an erroneous finding that he had not signed
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The Florida Fourth District Court of Appeal reversed a temporary injunction prohibiting a former employee from soliciting her former employer's customers, finding the employer failed to demonstrate the irreparable harm necessary to justify such an injunction. The court held that
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The court held that the RTC's sale of assets is a statutory power that cannot be enjoined or rescinded, even if alleged to be improperly exercised, due to FIRREA's anti-injunction provision.
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The court held that a temporary injunction was defective because the order failed to specify the reasons for its entry as required by rule.
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The court held that Green River Corporation's unauthorized use of the 'Green River' trademark on a product not manufactured under the agreed-upon formula constituted trademark infringement and a breach of contract, and that the district court's denial of a preliminary injunction
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The court held that the question of whether claims are time-barred under the NASD Code of Arbitration Procedure is a matter for the courts to decide, not the arbitrators.
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The panel held that a broad cross-license agreement between companies effectively immunizes third parties from patent infringement claims related to the licensed patents.
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994 F.2d 1221·
7th Cir.·
1993-05-20
·cited 2×
Orders imposing a resulting trust and requiring turnover of property in a post-judgment supplementary proceeding are appealable as injunctions, and the trial court did not err in granting relief without a formal summary judgment motion when no genuine issues of material fact exis
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The court held that a permanent injunction cannot be entered without proper pleadings and notice of trial. The trial court also erred in entering a temporary injunction without notice.
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993 F.2d 386·
4th Cir.·
1993-05-10
·cited 2×
The court held that the fraternity's 'ugly woman contest,' despite its offensive nature, constituted expressive conduct protected by the First Amendment, and the university's sanctions based on the message conveyed were impermissible viewpoint discrimination.
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The court held that a temporary support order cannot be entered by incorporating a prior order from a dismissed action without a new hearing.
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The court held that it lacked in personam jurisdiction over the United States to issue an injunction against it because the United States had not been properly served as a party. The court also found that a salvor would likely not prevail on a salvage claim if they could not lawf
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The court granted the defendants' motions for a stay pending appeal of the preliminary injunction, finding they met the four-part test for such a stay.
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The court held that the district court did not abuse its discretion in granting a preliminary injunction against school-sponsored prayer and affirmed the denial of intervention as modified.
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The court held that the district court erred by applying a contract theory to a claim that sounded in common law duty of confidentiality, thus vacating the preliminary injunction.
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990 F.2d 1518·
9th Cir.·
1993-03-23
·cited 2×
The court held that issues regarding the enforcement of an injunction, including property transfers and the joinder of necessary parties, must first be addressed by the district court.
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The court held that new evidence of additional trademarks used by the defendant, not presented to the district court, warrants vacating the denial of a preliminary injunction and remanding for reconsideration.
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The court held that plaintiffs made a sufficient prima facie showing of personal jurisdiction over the defendants under Massachusetts' long-arm statute and the Due Process Clause, requiring vacation of the dismissal order.
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The court held that it lacked jurisdiction to review the district court's remand order and vacated the injunction against the plaintiff's filings, remanding for further proceedings.
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The court held that the Commonwealth failed to prove intentional discrimination under the Davis standard, and therefore, permanent injunctive relief was properly denied, and the preliminary injunction was correctly dissolved.
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The court held that the appeals are moot because the government has ceased testing the hepatitis A vaccine, and the case is not capable of repetition yet evading review.
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611 So. 2d 74·
Fla. 4th DCA·
1992-12-30
·cited 2×
The City of Boynton Beach appealed a temporary injunction and mandamus writ issued in favor of employee Vincent Finizio regarding implementation of a Civil Service Board's favorable grievance decision. The court reversed the injunction because loss of employment does not constitu
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The appeal concerning preliminary injunctive relief is moot because the underlying event has passed, rendering the grant or denial of such relief meaningless.
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Prisoners do not have a right to a specific means of access to the courts, and the ISP's policy does not deny them adequate access.
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The court held that due process requires specific information in child support notices, including the federally defined collection date and specific reasons for denying pass-through payments, and that such notice must extend to non-AFDC families.
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The court held that Computer Care's trade dress was inherently distinctive and likely to cause confusion, affirming the preliminary injunction on that claim, but reversed the injunction on trade secret claims, finding them not sufficiently secret.
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The appeal is dismissed as moot because the preliminary injunction has been complied with and the plaintiff will not receive the treatment again, rendering both the injunction and bond issues moot.
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978 F.2d 764·
1st Cir.·
1992-10-30
·cited 2×
The court held that it lacked jurisdiction to hear the interlocutory appeal of the district court's order extending the October 1986 Order, as the extension did not technically continue an injunction and was a procedural step.
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The court held that the majority erred in reversing the preliminary injunction based on a de novo review of the facts and blurring the distinction between preliminary and permanent injunctions.
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605 So. 2d 1017·
Fla. 5th DCA·
1992-10-16
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The court held that while a prescriptive easement for a public road existed over the defendants' properties, the trial court's order was deficient for not precisely defining the easement's boundaries and for declaring it public over land not owned by the defendants.
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The court held that the district court properly exercised diversity jurisdiction and granted a preliminary injunction enforcing non-competition and confidentiality covenants, but erred in modifying the injunction based on an incorrect interpretation of Ohio law.
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The court held that the district court did not abuse its discretion in dissolving the preliminary injunction based on the plaintiff's misrepresentations, and that pendent appellate jurisdiction did not extend to reviewing the summary judgment ruling.
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606 So. 2d 633·
Fla. 4th DCA·
1992-09-02
·cited 2×
Park of Commerce Associates and Land Resources Investment Co. appealed the trial court's decision upholding the City of Delray Beach's denial of a site plan for a proposed Florida Power & Light customer service center. The Fourth District Court of Appeal reversed and remanded, ho
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In this interlocutory appeal, defendants Diamond challenged a temporary injunction freezing their commercial bank account based on ITC's fraud and contract claims. The court reversed the injunction, holding that ITC failed to establish the essential elements of equitable relief—s
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605 So. 2d 898·
Fla. 2d DCA·
1992-08-28
·cited 2×
The Division of Consumer Services sought injunctions against Quick Cash pawnshops for allegedly illegal auto loan/lease transactions with effective interest rates exceeding 500%. The court held that the Division has authority under Florida Statutes § 570.544(11) to seek injunctiv
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The court held that the district court's finding of abandonment was not clearly erroneous and that the law of finds, not salvage, should apply to long-lost wrecks.
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The court held that the district court had jurisdiction, properly extended the IRCA application deadline, did not err in ordering discovery of class member names, and correctly denied the contempt motion.
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The court held that the district court did not err in issuing a permanent injunction against Michael Sciarra, finding sufficient evidence of his continued ties to organized crime and obstruction of the union's corruption-free environment.
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The court held that Lakefield failed to demonstrate a community of interest with Northern, thus not qualifying as a dealer under the Wisconsin Fair Dealership Law, and affirmed the contempt finding against Northern for violating a preliminary injunction.
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The court held that the district court erred in denying attorneys fees solely on the lack of a causal link to the merits decision, as the pendency of the § 1983 action itself may have served as a catalyst for the Board's non-enforcement agreement.
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The Fourth District Court of Appeal reversed a trial court's modification of a temporary injunction issued in a divorce proceeding involving business disputes, holding that the trial court violated due process by ruling on the injunction without allowing appellants to present evi
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969 F.2d 461·
7th Cir.·
1992-07-29
·cited 2×
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The court held that the district court did not abuse its discretion in denying class certification because the plaintiffs' motivations were unclear and potentially divergent from other class members. The court also addressed the validity of fair share fee procedures and the indem
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The court held that the Coral Gables newsrack ordinance's provisions on rack color, lettering size, and the term 'equivalent' were unconstitutional prior restraints, but the rest of the ordinance was valid and severable.
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The court held that federal courts have equitable jurisdiction to determine the temporary custodianship of seized property when the owner seeks return before criminal charges are filed, balancing the owner's need against the government's interest in retaining evidence.