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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198 So. 3d 981·
Fla. 2d DCA·
2016-08-10
·cited 1×
The Florida Department of Business and Professional Regulation appealed a circuit court order addressing the proper interpretation of a tobacco tax statute, arguing the order constituted an appealable injunction. The appellate court dismissed the appeal for lack of jurisdiction,
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A successor judge cannot reinstate a dissolved domestic violence injunction or pursue contempt charges for non-compliance after the injunction has been dissolved by a predecessor judge.
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In a dissolution of marriage case, the trial court issued a temporary injunction against third-party defendant CJM Partners, LLC prohibiting asset disposition without posting a bond as required by Florida Rule of Civil Procedure 1.610(b). The Third District Court of Appeal revers
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172 So. 3d 458·
Fla. 3d DCA·
2015-05-27
·cited 1×
Milan Investment Group challenged the City of Miami's authority to levy an additional one-half mill ad valorem tax on property owners in the downtown development district for tax years 2008-2012. The court affirmed summary judgment in favor of the City, holding that Chapter 65-10
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159 So. 3d 926·
Fla. 2d DCA·
2015-03-06
·cited 1×
Two neighboring parties each obtained injunctions for protection against repeat violence against the other. The court affirmed the injunction against McDonough but reversed the injunction against Carver, finding that only McDonough's conduct met the statutory requirements for rep
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Luani Plaza, Inc. (an owners' association) appealed a bench trial judgment that allowed Dr. Michael Burton to convert his commercial units to residential use. The appellate court reversed the portion permitting residential conversion, holding that the Fifth Amendment prohibiting
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Appellants sought damages from an injunction bond after the plaintiff voluntarily dismissed its lawsuit seeking to enforce non-compete agreements. The court held that a voluntary dismissal does not automatically constitute a determination that the defendants were wrongfully enjoi
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The appellate court dismissed the appeal for lack of jurisdiction because the order denying partial summary judgment for a permanent injunction is not an immediately appealable order under the relevant rule.
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The court reversed the trial court's order canceling a hearing on the appellants' motion to dissolve two temporary restraining orders. The court found that the trial court erred in denying the motion without an evidentiary hearing, particularly because the predecessor judge had i
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Blue Earth Solutions appeals a temporary injunction requiring them to restore possession of business premises to Florida Consolidated Properties following an asset purchase agreement dispute. The court reverses, holding that the injunction was legally untenable because the partie
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20 L.R.R.M. (BNA) 2735·
S.D. Fla.·
2013-03-12
·cited 1×
The court held that the insured's failure to provide timely notice of an occurrence that could potentially involve the excess policy, and later a suit that was reasonably likely to involve it, constituted a breach of the policy's notice provisions, and the excess insurer was prej
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The court held that the Rooker-Feldman doctrine does not apply because the plaintiff's claims allege independent constitutional violations, not just review of state court decisions. However, the court found that Younger abstention applies because there are ongoing state proceedin
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The court held that the plaintiff failed to establish a likelihood of success on the merits of his copyright infringement claim or that he would suffer irreparable harm, thus denying his motion for a preliminary injunction.
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114 So. 3d 212·
Fla. 5th DCA·
2012-10-19
·cited 1×
Jimil Sheikh appeals multiple family law orders from a trial court regarding custody, child support, and visitation. The appellate court affirms the reviewable order determining shared parental responsibility, primary residential custody with the mother, $600 monthly child suppor
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100 So. 3d 720·
Fla. 2d DCA·
2012-09-28
·cited 1×
American Integrity Insurance Company appeals a trial court order granting the insured's motion to enjoin appraisal proceedings based on the insurer's alleged failure to provide timely notice of mediation under Florida Statute § 627.7015. The court reversed, holding that the statu
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96 So. 3d 1146·
Fla. 3d DCA·
2012-09-12
·cited 1×
Because Royal Caribbean failed to appeal an initial July 2009 order granting emergency maintenance and cure benefits and subsequently continued providing such benefits, the trial court properly entered a January 2010 order modifying the maintenance obligation to a $25 per diem, a
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A trial court must hold an evidentiary hearing and allow both parties to present evidence before setting the amount of an injunction bond, as damages for wrongfully obtaining an injunction are limited to the bond amount.
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87 So. 3d 843·
Fla. 1st DCA·
2012-05-23
·cited 1×
Thomas Giddens appealed a final injunction for protection against repeat violence issued under Florida Statute § 784.046(2). The court reversed the injunction, finding it was not supported by competent, substantial evidence of the two required incidents of violence or stalking.
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The court granted partial final judgment and a permanent injunction against Technopark, finding that its actions in unlocking and reflashing TracFone phones constituted trademark infringement, copyright infringement, and violations of the DMCA, and reserved jurisdiction for furth
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The court held that the USCIS's policy of not assigning a rollback date to non-Cuban spouses that predates their qualifying marriage is a permissible interpretation of the Cuban Adjustment Act and not arbitrary or capricious.
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The court held that requiring TANF applicants to submit to suspicionless drug testing constitutes a search under the Fourth Amendment, and the plaintiff has a substantial likelihood of succeeding on his constitutional challenge.
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The Delaware Court of Chancery awarded $2.75 million in interim attorneys' fees and expenses to lead counsel for their role in obtaining supplemental disclosures in a merger challenge. The court deferred ruling on fees related to a preliminary injunction, finding that further pro
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Cellco Partnership (Verizon Wireless) appealed the denial of a temporary injunction against a former Alltel employee who allegedly disclosed customer information to a Sprint competitor. The court affirmed the denial, holding that neither Alltel nor Cellco could enforce the nondis
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The court denied the motion for a preliminary injunction against all defendants, finding that the plaintiffs failed to demonstrate a likelihood of irreparable injury, particularly regarding the actual and imminent nature of the harm.
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A motion for reconsideration is denied when the movant fails to show clear error or manifest injustice, and the arguments presented were previously considered. The scope of an arbitration agreement is determined by U.S. federal law, focusing on the factual allegations of the comp
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The court held that the plaintiff's motion for a preliminary injunction should be denied because the defendant's affirmative defense of laches is likely to be meritorious, the plaintiff failed to demonstrate irreparable injury, and the balance of hardships tips in favor of the de
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Florida's blanket exclusion of diapers and incontinence supplies from Medicaid coverage violates the Early and Periodic Screening, Diagnosis and Treatment (EPSDT) provisions of the federal Medicaid Act, as these supplies are necessary to correct or ameliorate conditions discovere
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Tiffany and its counsel Gaffigan sued unknown defendants operating counterfeit jewelry websites under multiple domain names incorporating Tiffany's trademarks. The court granted a preliminary injunction finding substantial likelihood of success on claims for trademark infringemen
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The Department of Revenue appeals a trial court's grant of a temporary injunction abating an administrative child support order while the case was pending appeal to the First District Court of Appeal. The court reversed, holding that the trial court lacked jurisdiction because th
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The court granted the Commodity Futures Trading Commission's motion for default judgment, permanently enjoining Bernadette Bowden from further violations of the Commodity Exchange Act and ordering her to pay restitution and a civil monetary penalty.
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The court granted a preliminary injunction against defendant's comparative advertising because the ads were misleading, even if not literally false, and likely to deceive consumers.
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2 So. 3d 325·
Fla. 4th DCA·
2008-10-22
·cited 1×
Dollar General appeals from a trial court judgment granting Winn-Dixie injunctive relief to enforce an exclusive grocery covenant in Winn-Dixie's lease. The appellate court reversed, holding that injunctive relief was improper because Dollar General had permanently ceased operati
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990 So. 2d 623·
Fla. 3d DCA·
2008-09-03
·cited 1×
TJ Management appeals the trial court's order denying its motion to dissolve an emergency interim relief order that froze funds in a bank account. The court affirmed the trial court's authority to enforce its prior injunctive orders by freezing assets pending resolution of owners
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The court held that the School Board of Okeechobee County (SBOC) violated the Equal Access Act (EAA) by refusing to recognize the Gay-Straight Alliance (GSA) as a noncurricular student group. The court found SBOC's abstinence-only policy and other justifications insufficient to i
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The court held that plaintiffs were entitled to summary judgment on liability for breach of contract and trademark infringement claims, and on damages for some breach of contract claims, but denied damages for attorney fees in a related dismissed case.
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972 So. 2d 294·
Fla. 5th DCA·
2008-01-18
·cited 1×
Timothy Willis appeals a final judgment of injunction for protection against repeat violence, challenging the trial court's refusal to allow him to testify because he would not take an oath on religious grounds. The appellate court affirms, holding that Florida law requires witne
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The court held that the trial court did not abuse its discretion in granting a temporary injunction requiring the removal of a radio tower and cessation of radio station operation due to violations of county land development codes.
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The court denied the plaintiff's motion to find the Final Supplemental Environmental Impact Statement (FSEIS) inadequate, finding that the Corps had complied with the court's prior order to prepare the SEIS.
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A former wife sought military survivor benefits promised in her marital settlement agreement but was denied by the Army due to her ex-husband's untimely filing of required forms. The trial court granted summary judgment in favor of the former wife against the second wife on the t
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Jay Gordon appeals an indirect criminal contempt conviction arising from violations of a domestic violence injunction in his divorce case. The Fourth District Court of Appeal affirms most of the conviction and sentencing, but reverses and remands because the trial court erred in
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The court granted a permanent injunction against further patent infringement but denied prejudgment interest on state law claims due to an unclear damages calculation and on patent claims due to undue delay. Enhanced damages were awarded due to willful infringement.
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The court entered a final judgment and permanent injunction against the defendants, finding they violated federal and state laws through their unlawful schemes involving TracFone phones and airtime.
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Florida appellate court reversed a permanent domestic violence injunction against a mother regarding her sixteen-year-old daughter, finding the alleged incidents did not meet the statutory definition of domestic violence and the petitioner lacked reasonable cause to believe she f
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Florida Statute § 102.031(4)(a), which prohibits solicitation of voters within 100 feet of a polling place, violates the First Amendment as applied to exit-polling activities.
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459 F. Supp. 2d 1246·
M.D. Fla.·
2006-10-17
·cited 1×
The court held that Darrin L. Johns is permanently enjoined from pursuing claims related to his 1993 whole life insurance policy because those claims are barred by the prior class action settlement agreement, which he failed to timely opt out of.
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Mass suspicionless pat-downs at NFL games constitute unreasonable searches under the Florida Constitution and Fourth Amendment because the Tampa Sports Authority failed to establish a substantial and real risk of a terrorist attack justifying a 'special needs' exception.
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Fulton Griffith appealed the denial of his two postconviction relief motions after the trial court abruptly terminated his evidentiary hearing. The appellate court reversed and remanded because Griffith was denied a full and fair hearing to present his case and the trial court im
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922 So. 2d 433·
Fla. 2d DCA·
2006-03-10
·cited 1×
The appellate court held that the trial court's order granting summary judgment was not a final, appealable order because it failed to resolve the issues presented by the plaintiff's lawsuit.