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 appellate court reviewed a trial court's denial of a motion to vacate an automatic stay of a temporary injunction. The court held that the appellees (abortion clinics and a doctor) lacked standing to seek a temporary injunction because they could not demonstrate irreparable h
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A temporary injunction that grants affirmative relief by requiring implementation of an entirely new, unenacted redistricting plan is unlawful on its face because it exceeds the limited purpose of preserving the status quo pending final adjudication. The trial court abused its di
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The appellate court affirmed a trial court's orders granting a permanent injunction and finding a party in contempt. The court also addressed a jurisdictional conflict among Florida appellate courts regarding the review of pre-judgment contempt orders.
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The all writs doctrine does not authorize the Florida Supreme Court to intervene in an ongoing appellate proceeding when the Court does not currently have jurisdiction and it is speculative whether jurisdiction will exist in the future.
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God's Blessing Ltd. and other shipowners appealed a trial court order requiring reinstatement of maintenance and cure payments to crew member Kathy Salas. The appellate court reversed the order, holding that interim maintenance and cure awards in Florida state courts must comply
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346 So. 3d 90·
Fla. 3d DCA·
2022-05-04
·cited 1×
Wayne C. Johansson appealed the dismissal of his complaint against the Miami-Dade County Value Adjustment Board (VAB), claiming the VAB violated his procedural due process rights in reviewing his property value petitions. The Third District Court of Appeal affirmed the dismissal,
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An RFP is not a binding contract but an invitation to negotiate; selection of a winning proposer does not transform the RFP into an enforceable contract when the parties have not executed a final agreement containing all essential terms. Without a valid contract, a proposer has n
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A trial court errs in holding a defendant in direct criminal contempt for conduct that did not occur in the judge's presence, and such contempt proceedings must comply with Florida Rule of Criminal Procedure 3.830, including providing the defendant a meaningful opportunity to pre
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2020 WL 3895131·
M.D. Fla.·
2022-02-04
·cited 1×
The court held that the plaintiff's claims for due process violations, judicial misconduct, and conversion were properly dismissed because they failed to state a claim upon which relief could be granted, and adequate state remedies existed for some claims.
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The appellate court affirmed a trial court's order granting a temporary injunction against the collection of school impact fees. The court found that the appellees demonstrated a substantial likelihood of success on the merits and a likelihood of irreparable harm, which are neces
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The appellate court reversed a final judgment of injunction for protection against domestic violence, finding that the trial court erred by denying the appellant a full hearing. The court emphasized that parties are entitled to present evidence and cross-examine witnesses before
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The appellate court granted prohibition, preventing a trial judge from presiding over three cases involving a party and his counsel. While the judge was not disqualified as a "material witness" in a malicious prosecution case, her filing of a Bar complaint against the party's cou
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This case involves an appeal by Family Heritage Life Insurance Company and two former employees of Combined Insurance Company against a temporary injunction. The appellate court affirmed the injunction, finding that the trial court properly applied the legal standards for issuing
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The appellate court reversed an order extending a domestic violence injunction, finding the former wife failed to present sufficient evidence of continued fear or new threats. The court emphasized the need for proof of additional domestic violence or a reasonable fear of imminent
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The Florida Department of Transportation appealed a permanent injunction and order to refund tolls granted to Tropical Trailer Leasing. The appellate court reversed, finding the injunction facially defective because Tropical Trailer failed to establish a clear legal right, an ina
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304 So. 3d 23·
Fla. 4th DCA·
2020-10-21
·cited 1×
The appellate court reversed a temporary injunction, finding it legally deficient because it failed to specify the factual reasons for its issuance, describe the required actions in detail, and mandate a bond. The court remanded the case for further proceedings to ensure complian
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The appellate court affirmed a conviction for aggravated stalking, holding that the victim's lack of contemporaneous knowledge of the stalker's actions does not negate the offense. The court found sufficient evidence that the defendant's repeated actions, despite a protective inj
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303 So. 3d 1009·
Fla. 5th DCA·
2020-10-01
·cited 1×
The trial court was required to conduct an evidentiary hearing before granting a temporary injunction, even after striking the appellants' pleadings.
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302 So. 3d 1012·
Fla. 1st DCA·
2020-08-17
·cited 1×
The appellate court reversed a circuit court's judgment in favor of Best Care Assurance, LLC, finding that Best Care failed to exhaust administrative remedies before suing. The court also affirmed an agency's order dismissing Best Care's protest, holding that Best Care lacked sta
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Appellants challenged Palm Beach County's mask mandate (EO-12) as unconstitutional, arguing it violated their right to privacy and the right to refuse medical treatment. The trial court denied their motion for a temporary injunction, applying rational basis review. The appellate
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The appellate court reversed a judgment finding Diageo liable for breaching the implied covenant of good faith and fair dealing, holding that the breach of contract claim was barred by the contract's express termination provisions and exclusion of implied warranties. The court af
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306 So. 3d 185·
Fla. 3d DCA·
2020-06-03
·cited 1×
This case involves two consolidated appeals concerning property development and maintenance within a condominium community. The court addressed disputes over maintenance assessments and the extent to which a property owner could develop its land under various agreements. Ultimate
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The trial court did not abuse its discretion in awarding $500 per month in temporary alimony where both the requesting spouse's need and the paying spouse's ability to pay were supported by competent substantial evidence. The injunctive order directing deposit of funds into an at
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The appellate court reversed a summary judgment granted to a homeowner who sued his condominium association for denying his application to install a boat lift. The court found that disputed facts regarding the reasonableness of the association's decision, particularly concerning
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291 So. 3d 674·
Fla. 2d DCA·
2020-03-13
·cited 1×
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A trial court lacks jurisdiction to modify or reimpose an injunction bond order while a stay pending appellate review is in effect.
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300 So. 3d 314·
Fla. 3d DCA·
2020-02-19
·cited 1×
The appellate court reversed a trial court's order compelling an insurance company to repair a property, finding that the order, treated as a temporary injunction, was improperly granted without following required legal formalities.
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In a dissolution of marriage case, the Fourth District Court of Appeal reviewed four interlocutory orders entered on the same day, including a temporary injunction, temporary relief order, and denials of the husband's motions regarding lis pendens notice and temporary support. Th
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The Florida House of Representatives has a cognizable interest in intervening as a defendant in a declaratory action challenging the constitutionality of medical marijuana legislation because the action will determine the scope of the legislature's constitutional authority to ena
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A statute requiring MMTCs to be vertically integrated and perform all supply-chain activities directly conflicts with the constitutional definition permitting entities to engage in one or more of those activities, rendering the statute unconstitutional as a restriction on a const
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A temporary injunction compelling readmission to a private school must be supported by clear, definite, and unequivocally sufficient factual findings addressing all four elements of the test: substantial likelihood of success on the merits, lack of adequate remedy at law, irrepar
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272 So. 3d 498·
Fla. 3d DCA·
2019-04-10
·cited 1×
# Legal Brief: Hussey v. Lara
The Third District Court of Appeal reversed a permanent injunction for protection against sexual violence issued under Florida Statute § 784.046 because the trial court entered the order based solely on the mother's uncorroborated hearsay testimony,
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271 So. 3d 87·
Fla. 3d DCA·
2019-02-27
·cited 1×
Three juveniles appealed or petitioned against "do not run" orders issued in their delinquency cases. The court upheld the orders for S.F. and N.A., finding statutory authority in Florida's juvenile detention statutes, but reversed A.A.'s contempt conviction because the contempt
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An injunction for protection against domestic violence cannot be issued without competent, substantial evidence that the petitioner either is a victim of domestic violence or has reasonable cause to believe she is in imminent danger of becoming one. Evidence that a former spouse'
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A temporary injunction without notice must strictly comply with Florida Rule of Civil Procedure 1.610, including endorsement of the date and hour of entry and imposition of a bond, or it is defective and must be remanded for correction.
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255 So. 3d 535·
Fla. 1st DCA·
2018-10-31
·cited 1×
An appellate court must affirm an injunction when the appellant fails to supplement the record with a transcript or stipulated statement of evidence after being ordered to do so, preventing meaningful appellate review.
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A temporary domestic violence injunction that does not include statutory language requiring child support to continue until a permanent order is entered expires by its own terms, and child support arrearages cannot be calculated beyond the injunction's expiration date.
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253 So. 3d 89·
Fla. 1st DCA·
2018-08-08
·cited 1×
Statutory filing deadlines for candidate qualification are mandatory and strictly enforced; a candidate's physical presence in the filing officer's office before the deadline does not excuse the failure to submit all required documents by the deadline when the delay is caused by
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A trial court seeking to deny a temporary injunction for violation of a non-compete agreement must apply the statutory presumption of irreparable injury under Florida Statute § 542.335(1)(j), and the availability of other causes of action seeking monetary damages does not ipso fa
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A single incidental sentence in a motion to dissolve a restraining order does not constitute placing one's mental condition at issue under the exception to the psychotherapist-patient privilege, and the party seeking privileged records bears the burden of proving an exception app
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The Uniform Trade Secrets Act authorizes injunctive relief to protect trade secrets from misappropriation but does not permit courts to enjoin competition generally without a valid non-compete agreement.
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Attorney's fees awarded for success on an interlocutory appeal are only recoverable if the party prevailing on that appeal also ultimately prevails in the trial court. The trial court prematurely awarded fees when the underlying counterclaim remained unresolved.
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237 So. 3d 468·
Fla. 5th DCA·
2018-02-09
·cited 1×
Florida appellate court reversed injunctions for protection against sexual violence where the trial court relied primarily on hearsay testimony about what alleged child victims told their father, lacking eyewitness testimony, affidavits, or direct physical evidence required under
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Fla. 5th DCA·
2018-01-29
·cited 1×
Abutting property owners receive title to the full width of property subject to a public common law dedication when that dedication is located on the edge of a subdivision plat, and injunctive relief is the appropriate remedy for continuous trespass.
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229 So. 3d 867·
Fla. 5th DCA·
2017-10-13
·cited 1×
The court held that the trial court's order granting a temporary injunction without notice was improper because it failed to comply with Florida Rule of Civil Procedure 1.610.
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219 So. 3d 971·
Fla. 1st DCA·
2017-05-31
·cited 1×
Appellant Horn challenges two temporary injunctions against stalking issued by the trial court. The Florida appellate court reversed because the trial court failed to record the evidentiary hearing as statutorily required, making adequate review impossible, though the court decli
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Florida appellate court reversed an injunction for protection against domestic violence because the trial court relied on non-record evidence from other cases without following proper judicial notice procedures under Florida Statutes § 90.204(1).
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Frank Battaglia appeals a final judgment of injunction for protection against domestic violence entered against him. The court reversed, finding that Christie Thompson's evidence failed to establish an objectively reasonable fear of imminent danger of domestic violence, as requir
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Lopez appeals from three trial court orders in a child custody matter: granting an emergency injunction preventing removal of a minor child, denying her motion to dissolve that injunction, and appointing a guardian ad litem/attorney for the child. The appellate court affirmed the
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198 So. 3d 1058·
Fla. 4th DCA·
2016-08-17
·cited 1×
Katelynn Austin appealed the denial of her petition for an injunction for protection against repeat violence filed against Joshua Echemendia. The appellate court reversed, holding that Austin presented sufficient evidence of repeat violence, including stalking incidents that fall