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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66 Fla. 579·
Fla.·
1914-01-09
·cited 2×
Guerra and Franquiz sought to enjoin a distress-for-rent judgment and sale of personal property that was subject to their mortgage foreclosure. The Florida Supreme Court affirmed the trial court's dissolution of the injunction, holding that an independent bill in equity was impro
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66 Fla. 48·
Fla.·
1913-06-25
·cited 2×
This case involves a contract dispute where the Florida Supreme Court affirmed the lower court's decision to overrule a general demurrer to a bill of complaint. The court found that equity appeared in the allegations, suggesting the remedy at law might not be adequate.
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64 Fla. 152·
Fla.·
1912-06-01
·cited 2×
The Florida Supreme Court affirmed an injunction restraining the Town of Sarasota from borrowing $20,000 under state law, holding that the town's special charter limits its taxing power in a way that conflicts with and supersedes the general law authorizing municipal borrowing.
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64 Fla. 34·
Fla.·
1912-06-01
·cited 2×
The Florida Supreme Court affirmed an order overruling a demurrer in an action to enjoin obstruction of public streets in Gainesville. The court held that a property owner whose lot was benefited by dedicated public streets has standing to seek equitable relief against unauthoriz
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63 Fla. 691·
Fla.·
1912-01-01
·cited 2×
The Florida Supreme Court affirmed an order granting a temporary restraining order, holding that Trustees of a Special Tax School District lacked the authority to lease school property for private entertainment purposes.
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62 Fla. 565·
Fla.·
1911-06-01
·cited 2×
The appellate court affirmed the dismissal of a bill seeking to nullify a prior judgment. The court held that the lower court had jurisdiction over the appellant because its attorney had made a general appearance by filing a demurrer, and any errors in subsequent proceedings did
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62 Fla. 431·
Fla.·
1911-06-01
·cited 2×
This case concerns whether a bond issuance for waterworks in Ocala, Florida, was valid. The court determined that the bond issuance was authorized by a majority of the voters who actually cast ballots in the election, not a majority of all registered voters.
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61 Fla. 850·
Fla.·
1911-01-01
·cited 2×
The Florida Supreme Court affirmed a decree requiring William M. Bostwick to convey water lots on the St. Johns River to the Seaboard Air Line Railway Company, holding that the lots were properly included as depot facilities within the railroad's property when the Internal Improv
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57 Fla. 418·
Fla.·
1909-01-01
·cited 2×
In this mortgage enforcement case, the Florida Supreme Court affirmed interlocutory orders appointing a receiver and issuing temporary injunctions to preserve naval stores property pending litigation. The court upheld the trial court's broad interpretation of the mortgage's after
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53 Fla. 788·
Fla.·
1907-01-01
·cited 2×
The Florida Supreme Court affirmed a lower court's decision to dissolve an injunction and dismiss a complainant's bill. The court found that the complainant was not injured by the proceedings and that the trial court did not abuse its discretion in allowing an amended answer.
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This case involves an unusual procedural dispute where Walter Ray sued a court-appointed receiver (Trice) in a different judicial circuit than the one that appointed the receiver. The Florida Supreme Court affirmed the lower court's decision, holding that a judge cannot grant an
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51 Fla. 602·
Fla.·
1906-01-01
·cited 2×
Lockhart sought to foreclose a mortgage he claimed to have purchased from M. J. Terrell, who held a mortgage from C. P. McGrath. The lower court found the mortgage fraudulent but still granted Lockhart priority over certain judgment creditors, relying on those creditors' claims o
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47 Fla. 351·
Fla.·
1904-01-01
·cited 2×
A group of small water meter consumers challenged a water company's new minimum consumption requirement and minimum quarterly charge of $2.50, arguing the city ordinance guaranteed meter service at 25 cents per 100 cubic feet without minimums. The Florida Supreme Court affirmed d
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46 Fla. 498·
Fla.·
1903-06-01
·cited 2×
This case concerns a creditor's attempt to prevent a debtor from claiming certain personal property as exempt from execution. The appellate court found that a court of equity has the power to intervene and determine exemptions when a debtor fails to fully disclose all their perso
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46 Fla. 467·
Fla.·
1903-06-01
·cited 2×
The Florida Supreme Court held that county commissioners violated a supersedeas order by granting a liquor permit in a precinct subject to an injunction based on an 1887 election prohibiting liquor sales, but imposed only nominal punishment (court costs) due to the commissioners'
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45 Fla. 486·
Fla.·
1903-01-01
·cited 2×
The Florida Supreme Court reversed a lower court's decree awarding damages for timber trespass, remanding the case for further proceedings. The court found the case legally similar to a prior decision and noted that while the appellants admitted trespass, they continued the activ
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44 Fla. 813·
Fla.·
1902-06-01
·cited 2×
The Tampa Gas Company sought to enjoin the City of Tampa from entering into a street-lighting contract with Martin, but the Florida Supreme Court affirmed dismissal of the bill as premature because the contract had not yet been ratified by voters.
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This case concerns whether a state statute requiring railroad companies to construct connecting switches and side-tracks is constitutional and whether a bill in equity is the proper legal remedy. The court affirmed the lower court's decision, finding that the statute was a valid
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39 Fla. 450·
Fla.·
1897-06-01
·cited 2×
Appellant Alvarez sought to enjoin appellee Bowden from selling real property under execution. The Florida Supreme Court reversed the trial court's dissolution of the injunction, finding the evidence insufficient to support a finding that Alvarez's deed from the judgment debtor w
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31 Fla. 392·
Fla.·
1893-01-01
·cited 2×
Hardee sought specific performance of a contract to purchase hotel property and an injunction against Hutchinson's interference. The Supreme Court vacated a supersedeas previously granted because appellant failed to submit the complete record, including a subsequent consent agree
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25 Fla. 185·
Fla.·
1889-01-01
·cited 2×
Sparr, who was a minor (20 years old) when he executed promissory notes and a chattel mortgage on his steamboat to secure a loan from Florida Southern Railway Company, successfully disaffirmed the contract by pleading infancy after reaching majority. The Florida Supreme Court rev
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17 Fla. 603·
Fla.·
1880-01-01
·cited 2×
Christopher sought injunctive relief to prevent a sheriff from honoring an exemption claim on oxen levied under execution on a judgment for the purchase price. The Florida Supreme Court affirmed the dismissal of the bill, holding that courts of chancery lack jurisdiction to enjoi
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17 Fla. 140·
Fla.·
1879-01-01
·cited 2×
This case concerns whether a court can vacate a judgment against a partner based on improper service and a subsequent assurance from the plaintiff's attorney. The appellate court found that while the service was improper, the proper remedy was a stay of proceedings and leave to s
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16 Fla. 786·
Fla.·
1878-06-01
·cited 2×
Walls sought an injunction to prevent Endel & Son from possessing a house and lot after they allegedly wrongfully took possession during his temporary lunacy. The Florida Supreme Court reversed, holding that Walls had an adequate remedy at law through ejectment or forcible entry
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15 Fla. 447·
Fla.·
1875-06-01
·cited 2×
This case involves a dispute over a mortgage on crops, where co-tenants of the land sought to assert their rights against the mortgagee. The court affirmed the foreclosure decree, finding that the co-tenants' claims did not invalidate the mortgage on the crops produced by one of
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14 Fla. 418·
Fla.·
1874-01-01
·cited 2×
The Florida Supreme Court upheld a judgment for the Freedman's Savings and Trust Company against Allen & Farrar for money advanced through draft discounting, but reversed the lower court's appointment of a receiver and issuance of an injunction, finding these provisional remedies
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9 Fla. 464·
Fla.·
1861-01-01
·cited 2×
A verbal assignment of personal property made directly to creditors in trust for their benefit, with delivery of the property, is valid and enforceable in equity without a written instrument. An assignment in trust for creditors does not require the express assent of the creditor
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A trial court abuses its discretion by awarding sole parental responsibility when neither party requested it in their pleadings, even if competent substantial evidence supports a finding of detriment. Transportation costs for visitation are childrearing expenses that must be shar
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BankUnited sought a preliminary injunction against former employees and a competitor from soliciting employees and customers, alleging breach of non-solicitation covenants in a Code of Conduct and Restricted Stock Unit/Award agreements. The trial court denied the preliminary inju
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James Terry Colley, Jr. was convicted in 2018 of two counts of first-degree murder, attempted murder, and burglary in a domestic violence case where he shot his estranged wife Amanda Colley and her friend Lindy Dobbins, and was sentenced to death. On appeal of his postconviction
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The trial court erred by failing to make written findings on the best interests factors required by section 61.13(3), Florida Statutes (2023), and by imputing income to the former wife without competent, substantial evidence supporting the imputation. The case was remanded for am
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A trial court does not violate due process by ruling on a domestic violence injunction petition in the absence of a party who received actual notice of the hearing, and an appellate court lacks jurisdiction to review orders denying motions to vacate when those orders are not incl
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A judge who prejudges a case based on a party's exercise of a statutory right to file in a particular venue must be disqualified, and the denial of a legally sufficient motion to disqualify is reversible error requiring remand for a new hearing before a different judge.
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The court denied the petitioner's emergency request for a temporary restraining order because he failed to meet any of the four required elements.
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A trial court does not abuse its discretion in granting a domestic violence injunction when the petitioner's credible testimony establishes recent stalking conduct that can be evaluated within the context of the parties' history of violence.
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413 So. 3d 211·
Fla. 2d DCA·
2025-04-23
·cited 1×
A trial court errs in granting a preliminary injunction without including factual findings in support thereof and without addressing the bond requirement, conducting an evidentiary hearing thereon, or explaining reasons for waiving the bond.
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The court denied Defendant William Holton's motion to dissolve the Temporary Restraining Order, granted in part and denied in part other defendants' motions to modify the TRO, and modified the TRO to allow for certain fund releases and account unfreezes.
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402 So. 3d 422·
Fla. 3d DCA·
2024-12-18
·cited 1×
Trujillo appeals the trial court's discharge of a notice of lis pendens he filed on Garcia's property in a property damage dispute between neighbors. The Third District Court of Appeal affirmed, holding that a lis pendens is improper when the lawsuit seeks only money damages and
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A trial court abuses its discretion when it awards majority timesharing based on speculation about a parent's future circumstances rather than competent, substantial evidence of the parent's current capacity to care for the child. A timesharing determination cannot rest on hypoth
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The court recommended denying the plaintiff's motion for a preliminary injunction because it was not based on the claims in his complaint and sought relief beyond the scope of the complaint, and denied the motion to appoint counsel as no exceptional circumstances were shown.
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The court held that the plaintiff violated a prior injunction by filing a new lawsuit without seeking leave of court.
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Three property owners subject to compliance agreements demonstrated a substantial likelihood of success on equitable estoppel claims where the City's delay in issuing building permits rendered compliance functionally impossible, warranting a temporary injunction against demolitio
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388 So. 3d 121·
Fla. 3d DCA·
2023-10-18
·cited 1×
The appellate court reversed trial court orders that denied Miami Dade College's (MDC) motions to offset a larger judgment in its favor against a smaller judgment awarded to Nader + Museu I, LLLP. The court found that Florida law permits offsetting competing judgments from separa
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366 So. 3d 1176·
Fla. 1st DCA·
2023-05-17
·cited 1×
This case concerns whether a district court of appeal has jurisdiction to review a non-final order granting summary judgment on only one count of a three-count declaratory judgment complaint. The court held that it lacked jurisdiction because the order did not qualify as an appea
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358 So. 3d 429·
Fla. 4th DCA·
2023-03-01
·cited 1×
A trial court may dismiss a derivative proceeding under Florida Statutes § 617.07401(3)(b) when an independent committee, after reasonable investigation and in good faith, determines that maintaining the derivative suit is not in the corporation's best interests; courts need not
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A preliminary injunction enforcing a non-compete agreement is not sustainable where the evidence establishes only ordinary on-the-job training in industry-standard practices, as such training does not constitute extraordinary or specialized training sufficient to support a legiti
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The appellate court reversed a trial court's order granting a temporary injunction. The court found that the injunction improperly altered the status quo and granted the ultimate relief sought by the plaintiffs before a full trial on the merits.
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347 So. 3d 556·
Fla. 2d DCA·
2022-09-30
·cited 1×
Jessica Marlette seeks certiorari review of the trial court's order bifurcating legal and equitable issues in a dispute with neighbor Roxanne Carullo over easement rights to a driveway and well that encroach on Carullo's property. The court granted the petition and quashed the bi
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A domestic violence injunction must be supported by evidence of either an actual act of domestic violence or an objectively reasonable fear of imminent domestic violence; allegations of heated arguments, ambiguous statements, and vague threats without more do not satisfy this sta
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346 So. 3d 183·
Fla. 1st DCA·
2022-08-03
·cited 1×
This case involves a lawsuit filed by individuals and organizations seeking to prevent the City of Madison, Florida, from removing a Confederate soldier monument. The plaintiffs argued the removal violated a 1926 deed, a city ordinance, state law, and their constitutional rights.