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 Florida Agency for Health Care Administration (AHCA) violated the Medicaid Act by denying coverage for off-label uses of Neurontin that were supported by citations in congressionally-approved drug compendia.
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914 So. 2d 1076·
Fla. 2d DCA·
2005-11-30
·cited 1×
The Tampa Sports Authority appealed a preliminary injunction barring suspicionless patdown searches of stadium attendees at Tampa Bay Buccaneers games. The appellate court vacated the automatic stay of the injunction, allowing it to remain in effect during the appeal, based on a
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908 So. 2d 541·
Fla. 4th DCA·
2005-07-27
·cited 1×
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354 F. Supp. 2d 1298·
M.D. Fla.·
2005-01-19
·cited 1×
The court held that the Defense of Marriage Act (DOMA) and Florida Statutes § 741.212 are constitutional, and that there is no fundamental right to same-sex marriage under the Constitution.
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Attorney's fees awarded to the prevailing party under the Florida Deceptive and Unfair Trade Practices Act are not limited by the amount of the injunction bond.
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Sounds of Service Radio sought a preliminary injunction to stop state court proceedings between itself and G & G Trading, Inc., but the federal district court denied the motion and dismissed the case with prejudice because the federal court lacked authority under the Anti-Injunct
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The court held that an ALJ's determination of a child's eligibility for special education does not constitute an agreement for a change in placement under the IDEA's stay-put provision, thus the school board is not obligated to provide an IEP during its appeal.
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880 So. 2d 579·
Fla.·
2004-07-08
·cited 1×
The Florida Supreme Court adopted amendments to Florida Supreme Court Approved Family Law Forms related to injunctions for protection against sexual violence, domestic violence, repeat violence, and dating violence, in response to 2004 legislative amendments to Florida Statutes s
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883 So. 2d 1280·
Fla.·
2004-04-29
·cited 1×
The Florida Supreme Court upheld findings that We The People Forms and Service Center of Sarasota, Inc. and Danielle Kingsley engaged in unlicensed practice of law by providing legal advice, preparing legal documents, and advertising legal services without being licensed attorney
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854 So. 2d 288·
Fla. 3d DCA·
2003-09-17
·cited 1×
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A minor cannot initiate an action as 'next friend' on behalf of her sister and mother to seek custody, child support, or alimony, and any such judgment is void ab initio.
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The court held that the former employee's emails to customers constituted solicitation, creating a presumption of irreparable injury, entitling the employer to a temporary injunction.
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The court held that the units offered were securities, and the defendants violated federal securities laws by selling them without registration and through fraudulent means, warranting a preliminary injunction.
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A mother appeals a trial court's order granting the father exclusive temporary custody of their minor child based on an ex parte motion. The appellate court reversed, finding no true emergency existed and the evidence was insufficient to support the temporary custody modification
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826 So. 2d 475·
Fla. 1st DCA·
2002-09-20
·cited 1×
Florida appellate court vacated firearm-related provisions of repeat violence injunction because they were imposed without affording the defendant due process to contest their necessity.
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813 So. 2d 975·
Fla. 2d DCA·
2002-03-08
·cited 1×
Condominium unit owners appealed summary judgment dismissing their challenge to the association's lease of common element parking spaces to another unit owner whose cooler blocked access. The court reversed, holding that genuine issues of material fact existed regarding whether t
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The court held that the trial court properly denied the motion to dissolve the temporary injunction because the applicant demonstrated a likelihood of success on a material fraud claim and principles of comity supported the injunction.
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The court held that Florida's amended statutes authorizing a preferred drug list and prior authorization program do not conflict with federal Medicaid law and thus are not preempted.
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The federal antitrust laws do not apply to the 'business of baseball,' including contraction, and this exemption extends to state antitrust laws.
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801 So. 2d 990·
Fla. 2d DCA·
2001-12-12
·cited 1×
Appellants Cozier and Lovelette challenged a judgment awarding approximately $386,000 in damages for breach of fiduciary duty to the appellees. The court reversed the damage award, holding that because the appellees failed to bring a derivative action and did not prove individual
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The court held that defendants' pattern of discovery abuses and violations of court orders warranted striking their pleadings and entering a default as to liability.
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The Florida Fifth District Court of Appeal reviewed a temporary injunction and preliminary relief order in a civil RICO action brought by the State against nightclub operators. The court held that while a preliminary injunction was appropriate, it was overly broad and must be mod
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The court held that habeas corpus is not the exclusive remedy for parolees challenging their conditions of release, and that exhaustion of administrative remedies is not always required. Therefore, the court has jurisdiction over the action.
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A municipal zoning code that fails to provide procedural safeguards for timely decisions and prompt judicial review of applications for adult theaters constitutes an unconstitutional prior restraint on First Amendment rights.
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The court held that the wife's petition to extend the domestic violence injunction did not allege any fear of domestic violence, and the trial court made no findings of an objectively reasonable fear, thus the extension was improper.
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The trial court abused its discretion by awarding appellate costs to a party who did not prevail on the significant issues of the appeal.
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The court held that the Fair Labor Standards Act (FLSA) grants the Secretary of Labor exclusive authority to seek injunctive relief, precluding private parties from obtaining such relief.
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780 So. 2d 922·
Fla. 2d DCA·
2001-01-31
·cited 1×
The State Department of Agriculture appealed a trial court's temporary injunction that prohibited destruction of citrus-canker-infected trees and required the Department to treat a lessee as a "property owner" for notice purposes. The appellate court reversed, holding that the De
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A restrictive covenant prohibiting use of property as a pharmacy or drug store prohibits use of that property for parking and other facilities that are integral and necessary parts of a competing pharmacy operation located on adjacent unrestricted property, even if the pharmacy b
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776 So. 2d 281·
Fla. 5th DCA·
2000-11-17
·cited 1×
The Charter Review Commission (CRC) of Brevard County sought declaratory and injunctive relief to compel the County Commission to place six proposed charter amendments on the ballot after the Commission refused them based on alleged procedural defects. The appellate court reverse
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The court held that the trial court erred in entering a mutual restraining order without proper pleadings or testimony, violating the appellant's due process rights.
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The court held that the plaintiff's claim for permanent injunctive relief was moot because the Forest Service adopted a new policy that complied with the prior injunction, and there was no reasonable expectation the alleged violation would recur.
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The court held that the City of Jacksonville's 120-day moratorium on adult entertainment licenses is an unconstitutional prior restraint on speech, violating the First Amendment.
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753 So. 2d 134·
Fla. 2d DCA·
2000-02-04
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The court held that there was no statutory or contractual authority to order a third party to pay a guardian's fees and costs, nor to impose a lien on their property to secure such fees.
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The court held that the psychotherapist-patient privilege under federal common law does not protect the identity of the patient or facts showing the occurrence of psychotherapy, only the substance of confidential communications.
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The court held that the Orange County public nudity ordinance is constitutional, not vague, and does not violate the First Amendment.
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The court held that the defendants engaged in deceptive acts and practices and made false advertisements in violation of the FTC Act by making unsubstantiated weight loss claims and misrepresenting product endorsements.
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742 So. 2d 320·
Fla. 1st DCA·
1999-06-21
·cited 1×
J.W., a juvenile charged with sexual battery on children, petitioned for a writ of habeas corpus challenging his placement in secure detention while incompetent to proceed in delinquency cases. The appellate court denied the petition, holding that secure detention was proper base
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William Hemesath was found in direct criminal contempt for allegedly committing perjury during testimony in a domestic violence injunction proceeding. The appellate court reversed because the trial court abused its discretion by denying defense counsel's motion for a continuance
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49 F. Supp. 2d 1335·
M.D. Fla.·
1999-05-19
·cited 1×
The court held that the settlement agreement's release barred subsequent claims for trade secret misappropriation, and the fraudulent inducement defense was unreasonable as a matter of law.
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731 So. 2d 792·
Fla. 3d DCA·
1999-04-21
·cited 1×
In this boundary dispute, the Jabours obtained a quitclaim deed from the Callejas to resolve a property line conflict. The Callejas later sought to rescind the deed, claiming unilateral mistake about the acreage conveyed. The appellate court reversed the trial court's invalidatio
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The court held that Florida's Medicaid Rate Plan for ICF/DD providers was inadequate and violated the Boren Amendment by failing to provide reasonable and adequate reimbursement rates, and that cluster facilities were improperly denied reimbursement under the Rate Plan.
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736 So. 2d 17·
Fla. 1st DCA·
1999-04-06
·cited 1×
The Florida Marine Fisheries Commission and Department of Environmental Protection appealed a circuit court judgment that declared certain net fishing restrictions unconstitutional. The appellate court reversed, holding that the respondents failed to exhaust available administrat
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William Austin appeals a temporary injunction enforcing his non-compete agreement with his former employer, Mid State Fire Equipment. The court affirmed the injunction's bar on soliciting customers and disclosing pricing information but reversed the portion prohibiting Austin fro
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The court held that plaintiffs have demonstrated a substantial likelihood of success on the merits regarding the INS's alleged systematic failure to follow its own regulations for evaluating medical waivers, thus warranting a preliminary injunction.
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The court held that it lacked personal jurisdiction and the case was not justiciable, denying the motion for a preliminary injunction and temporary restraining order and dismissing the case.
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The court granted a preliminary injunction against the teaching of the Bible History II curriculum, finding a substantial likelihood of success on the merits that it violates the Establishment Clause, but denied the injunction for the Bible History I curriculum, finding the secul
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703 So. 2d 442·
Fla.·
1997-11-06
·cited 1×
The Florida Bar sought to enjoin Charles A. Eidson from practicing law without a license after he charged a client $100 to represent her in a traffic violation matter, despite being unlicensed. The Florida Supreme Court affirmed the referee's findings and permanently enjoined Eid