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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A trial court must conduct an evidentiary hearing on a motion for temporary injunction to afford parties procedural due process through fair notice and a meaningful opportunity to be heard.
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The court recommended granting the plaintiff's motion for a temporary restraining order, freezing the defendant's assets and restraining transactions related to the plaintiff's accounts, due to a strong likelihood of success on a breach of contract claim and irreparable harm.
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The court recommended granting the plaintiff's motion for a preliminary injunction, finding a substantial likelihood of success on the merits, irreparable injury, a favorable balance of harms, and that the injunction serves the public interest.
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Injunctions for stalking and domestic violence were reversed because the petitioners failed to present competent, substantial evidence that a reasonable person would have suffered substantial emotional distress from the respondent's repeated but non-threatening contacts. Stalking
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The court dismissed the complaint without prejudice, finding that abstention under Younger v. Harris was required due to a pending state proceeding and that the plaintiff failed to state a claim under federal law.
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The court granted the plaintiff's motion for a preliminary injunction, restraining defendants from infringing on the plaintiff's design patent and ordering various third parties to assist in enforcing the injunction.
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The Keystone Towers Condominium Association appealed a county court judgment in favor of a unit owner, Hamid R. Rahimi, in a water intrusion dispute. The appellate court affirmed the trial court's judgment based on the appellant's failure to provide a transcript or adequate recor
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N.D. Fla.·
2024-12-03
The court held that a settlement agreement is valid and enforceable even if one party later claims duress based on an attorney's ambiguous statement, especially when the agreement's terms are clear and the party had the opportunity to review it.
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The court recommended granting the plaintiff's motion for a preliminary injunction, finding a strong likelihood of success on the merits of trademark and patent infringement claims.
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Although a trial court properly dismisses a complaint for lack of standing of unincorporated entities and failure to allege individualized harm, it must grant leave to amend where only one amendment has been filed, the opposing party would not be prejudiced, and amendment would n
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The court granted the plaintiff's motion for a preliminary injunction, restraining defendants from infringing on the plaintiff's patent and ordering various third parties to disable infringing operations and provide discovery.
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M.D. Fla.·
2024-11-25
A Florida prisoner filed a civil rights complaint under 28 U.S.C. § 2254 alleging that Florida Department of Corrections officials violated his First Amendment right to free exercise of religion by denying him and other Hebrew-Israelites the right to wear diadems during religious
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The court recommended granting the Receiver's eleventh application for fees and expenses, authorizing payment from the Receivership Estate.
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The court recommended granting the plaintiff's application for a preliminary injunction, finding a substantial likelihood of success on the merits and irreparable harm.
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The court granted Plaintiff's motion for a preliminary injunction, restraining Defendants from infringing on Plaintiff's design patents and ordering the preservation and restraint of assets.
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The court recommended granting Plaintiff's motion for entry of final default judgment against defendants for copyright infringement, trademark counterfeiting, false designation of origin, and unfair competition.
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The court granted Plaintiff's motion to extend the Temporary Restraining Order because good cause exists to allow additional time for service on the Defendants.
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The court denied the plaintiff's motion for a preliminary injunction because he failed to show a likelihood of success on the merits of his Eighth Amendment claim.
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Former employees of Hydrologic Distribution Company appeal a trial court's grant of a temporary injunction preventing them from competing with their former employer and soliciting its customers and employees. The appellate court affirmed, holding that Hydrologic established legit
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The court granted the plaintiff's motion for a preliminary injunction, restraining defendants from infringing on the plaintiff's patent and copyright.
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The court recommended granting a preliminary injunction against defendants for trademark counterfeiting and infringement, finding a substantial likelihood of success on the merits and irreparable harm.
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The court held that a motion for preliminary injunction must comply with notice requirements, and failure to provide notice is sufficient grounds for denial.
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The court recommended denying the plaintiff's motion for a preliminary injunction because he failed to establish a substantial likelihood of success on the merits and a substantial threat of irreparable injury.
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The court denied the plaintiff's motion for leave to conduct limited expedited discovery.
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The court granted in part and denied in part Plaintiff's motion to extend and modify the Temporary Restraining Order.
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S.D. Fla.·
2024-10-18
The court held that the plaintiff's federal securities law claims and state law claims for civil theft, conversion, and breach of contract were dismissed for failure to state a claim and failure to meet heightened pleading standards.
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University of Miami sued CANEUP LLC for trademark infringement based on the defendant's use of the "CANEUP" mark on clothing and apparel, alleging it was confusingly similar to the university's long-established "CANES" and orange-and-green "U" design marks. The court granted defa
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The court recommended granting the plaintiffs' motion for a preliminary injunction, finding a substantial likelihood of success on the merits and irreparable harm if relief is not granted.
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The court granted Plaintiff's motion to extend the Temporary Restraining Order (TRO) because Plaintiff has not yet served the Defendants and needs additional time to obtain information through expedited discovery.
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The court denied plaintiff's motions for default judgment and preliminary injunctive relief because they were procedurally improper and premature.
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M.D. Fla.·
2024-09-30
The court entered a judgment dismissing the case with prejudice as to Dr. Clarissa Zafirov. Any motions for attorney's fees or costs must be filed according to local rules.
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S.D. Fla.·
2024-09-30
The court granted Plaintiff's motion for default final judgment against Defendant.
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The Court affirmed the Magistrate Judge's Report and Recommendation, granting Plaintiff's motion for a preliminary injunction and overruling Defendant's objections.
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The court denied the plaintiff's emergency motion for a temporary injunction because it failed to comply with procedural rules and substantive requirements.
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The court recommended denying the plaintiff's motion for a preliminary injunction and dismissing claims against certain defendants for improper joinder, recommending remand.
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The court adopted the Magistrate Judge's report and recommendation, granting Plaintiff's motion for default judgment and permanent injunction.
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The court recommended granting the plaintiff's motion for final default judgment, permanent injunction, and statutory damages due to defendants' willful copyright infringement.
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The court held that a motion for preliminary injunction cannot be used to obtain final relief on the merits without hearing from the opposing party.
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The court denied the motion for a temporary restraining order because the plaintiffs failed to demonstrate that notice and a hearing were impractical or impossible. The court will consider the preliminary injunction request after defendants are served and have an opportunity to r
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The court recommended denying the motion for a temporary restraining order (TRO) and preliminary injunction because the plaintiff failed to meet the requirements for ex parte relief and the request for a preliminary injunction was premature due to lack of notice.
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The court granted in part Plaintiffs' motion for a temporary restraining order, finding they established a substantial likelihood of success on their APA claim and demonstrated irreparable harm, a favorable balance of harms, and that the order would not disserve the public intere
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The court recommended granting Plaintiff's motion for preliminary injunction, finding a likelihood of success on the merits regarding patent infringement and validity.
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The court recommended granting the plaintiff's motion for a preliminary injunction, finding a substantial likelihood of success on the merits and irreparable harm if relief is not granted.
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A trial court errs in granting a motion for involuntary dismissal in a domestic violence injunction case when it weighs the credibility of evidence or fails to view the evidence in the light most favorable to the non-moving party. The movant must admit the truth of all facts pres
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N.D. Fla.·
2024-08-30
The court held that the plaintiff failed to establish a substantial threat of irreparable injury, which is a prerequisite for preliminary injunctive relief.
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The court held that the defendants' default admitted well-pleaded allegations of trademark infringement, false designation of origin, and unfair competition, warranting default judgment and a permanent injunction.
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The court adopted the magistrate judge's report and recommendations, granting default judgment and a permanent injunction against defaulting defendants.
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The court granted in part the motion for a preliminary injunction, enjoining two former employees from soliciting or serving the plaintiff's customers and from soliciting or hiring former employees, based on their breach of restrictive covenants.
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The court held that the plaintiff failed to establish a substantial likelihood of success on the merits for its trademark infringement claims, and therefore denied the motion for a preliminary injunction.
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The court denied the plaintiff's motion for injunctive relief, construing it as a request for a temporary restraining order (TRO) or preliminary injunction.