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 plaintiff failed to demonstrate a substantial likelihood of success on the merits regarding its Contracts Clause claim, as the statute, while impairing contracts, served a significant and legitimate public purpose.
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Plaintiff's motion for an ex parte temporary restraining order is denied because she has not established a substantial likelihood of success on the merits of her claims.
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The Court of Chancery lacks jurisdiction to enjoin future defamatory speech, as such claims are traditionally reserved for courts of law. While a "trade libel" exception exists where defamation is incidental to a separate business tort, the plaintiff's claim here focuses primaril
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The Court held that the deed language granted an express easement appurtenant for driveway purposes. The scope of this easement was found to be ambiguous and, considering extrinsic evidence, was interpreted to include parking cars, setting out trash for pickup, and recreational u
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274 So. 3d 1238·
Fla. 5th DCA·
2019-06-28
A trial court's issuance of a three-year injunction against domestic violence is affirmed when supported by competent, substantial evidence including testimony regarding current incidents and historical domestic violence.
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275 So. 3d 782·
Fla. 3d DCA·
2019-06-26
A petitioner filing a petition to determine incapacity under Florida Statutes sections 744.3201 and 744.331 is not required to attach, incorporate, or reference the alleged incapacitated person's medical records or expert medical reports prepared in anticipation of the petition.
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The appellate court affirmed a conviction for violating an injunction for protection against stalking. The court held that the temporary injunction remained in effect until the permanent injunction was served, even though the permanent injunction was entered after a hearing Garci
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Del. Ch.·
2019-05-31
The Court of Chancery denied the defendant's motion to dismiss the plaintiff's complaint, finding that the plaintiff stated reasonably conceivable claims for breach of an oral settlement agreement, breach of the lease agreement, and anticipatory breach of the lease. The court hel
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The court granted in part plaintiffs' motion for a preliminary injunction, ordering specific measures to ensure compliance with Section 4(e) of the Voting Rights Act until state rulemaking is complete.
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Plaintiffs failed to meet their burden of proving that their disgorgement figure reasonably approximates the defendants' unjust gains, and therefore are not entitled to monetary relief.
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The trial court's order denying the emergency motion to compel compliance and for contempt is a non-final, non-appealable order subject to dismissal for lack of jurisdiction, while the trial court's order imposing a temporary injunction freezing assets is affirmed without prejudi
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273 So. 3d 1100·
Fla. 3d DCA·
2019-05-01
An injunction order that fails to specify the reasons for its entry and to describe in reasonable detail the acts restrained violates Florida Rule of Civil Procedure 1.610(c) and is therefore defective and must be reversed.
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223 So. 3d 799·
Fla. 4th DCA·
2019-04-17
The Fourth District affirmed a preliminary injunction against appellants in a commercial dispute involving the Athletes USA brand, remanding only for clarification of the injunction's scope regarding competitive restrictions.
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270 So. 3d 406·
Fla. 4th DCA·
2019-04-03
The Office of the Attorney General sued Nationwide Pools for deceptive trade practices and credit card surcharges, obtaining consent judgments against the defendants. Seventeen months later, defendants moved to vacate the judgments arguing due process violations based on ex parte
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The court held that the life insurance policy was a STOLI policy void under Delaware law, and the Estate is entitled to recover the death benefit under Delaware's insurable interest statute.
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The Court of Chancery lacks subject matter jurisdiction over Takeda's claims for declaratory relief and an anti-suit injunction because Takeda has an adequate remedy at law by asserting its purported license as a defense in the ongoing European patent infringement litigation. The
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M.D. Fla.·
2019-03-26
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This case involves a judgment creditor seeking to collect a large debt by filing notices of lis pendens against properties allegedly transferred fraudulently by the debtor. The appellate court reviewed several related non-final orders concerning the discharge of these notices, ju
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This case involves a judgment creditor seeking to collect a large debt by filing notices of lis pendens against properties allegedly transferred fraudulently by the debtor. The appellate court reviewed several related non-final orders concerning the discharge of these notices, ju
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The Court of Chancery denied the plaintiffs' motion for a preliminary injunction and granted the defendants' motion to dismiss. The court held that the forum selection clause in the Stock Purchase Agreement did not bind the RE Holdcos because they were not explicitly defined as "
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264 So. 3d 1143·
Fla. 5th DCA·
2019-02-22
The appellate court affirmed the dissolution of a temporary injunction against a homeowners association but reversed the order compelling binding arbitration. The court found the injunction dissolution was proper due to suspicious notice irregularities, but the arbitration order
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Under FDUTPA section 501.207(1)(b), an enforcing authority seeking injunctive relief is not required to plead actual damages; it need only demonstrate a substantial likelihood of success on the merits by showing the practice was likely to deceive a reasonable consumer.
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This case concerns a temporary injunction granted to Dan Trust (Dan) against WD 19790, LLC (WD) for trespassing on Dan's vacant lot. The appellate court reversed the portion of the injunction that was interpreted to include airspace trespass by a tower crane, finding it was neith
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The appellate court affirmed the trial court's grant of a preliminary injunction, finding that the plaintiff corporation demonstrated a reasonable probability of success on the merits regarding claims of breach of fiduciary duty of loyalty and fraudulent transfer, an imminent thr
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A temporary injunction order does not enjoin airspace trespass where the issue was neither pleaded in the complaint nor presented as evidence at the hearing, and a trial court cannot grant injunctive relief sua sponte for unpled claims.
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263 So. 3d 240·
Fla. 3d DCA·
2019-01-23
The appellate court reviewed a trial court's order granting a temporary injunction against a construction company (WD) for trespassing on a neighboring property owner's (Dan Trust) land. The primary issue was whether the injunction also covered airspace trespass by a tower crane.
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262 So. 3d 268·
Fla. 1st DCA·
2019-01-22
Uncivil text messages and a tense exchange between two men in an acrimonious relationship do not constitute repeat violence sufficient to support a permanent injunction under Florida law.
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When a trial judge becomes aware of grounds for recusal at or before a hearing but issues a substantive order after that awareness, the order must be vacated and the matter remanded for a new hearing before an impartial judge.
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264 So. 3d 942·
Fla. 4th DCA·
2018-12-19
An auto dealership and shopping center disputed the scope of a 1989 cross-access easement (CAA) that allowed ingress and egress between their properties. The shopping center's new owner terminated a 2014 month-to-month agreement permitting the dealership to load and unload vehicl
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A domestic violence injunction cannot be extended without a factual basis showing violence between the parties.
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Jonathan Tate appeals a final judgment granting an injunction for protection against domestic violence obtained by his sister Vanessa. The court issued the injunction based on Jonathan's break-in to Vanessa's home and theft of her cats, but the appellate court reversed, finding i
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259 So. 3d 988·
Fla. 5th DCA·
2018-11-30
Clare Greenshields appeals orders discharging a lis pendens on her Merritt Island home but restricting proceeds from its sale, and denying her request to dissolve an injunction or require posting of a bond. The Fifth District reversed, holding that the trial court erred in requir
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Fla. 3d DCA·
2018-11-28
Colgan, as trustee, appeals a trial court judgment that granted Shadow Point declaratory and injunctive relief regarding riparian rights to disputed waterfront property while denying Shadow Point's quiet title and ejectment claims. The appellate court reverses, finding that becau
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The Court granted in part Plaintiff Cabela's motion for a preliminary injunction, enforcing the confidentiality and nonsolicitation provisions of the agreements between Cabela's and its former employees. The Court found that while the choice-of-law provision in the agreements fav
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104 La. 203·
M.D. Fla.·
2018-10-02
The court held that the plaintiff's widow is an adequate class representative and that a class action is superior for adjudicating FDCPA claims, granting class certification. The court also denied the defendant's motion to dismiss and compel arbitration, finding the defendant wai
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An insurer has no duty to defend under a commercial general liability policy for a data breach caused by third parties, as the policy's 'personal injury' provision requires the insured to be the 'publisher' of the offending material.
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253 So. 3d 983·
Fla.·
2018-09-27
The Court amended Florida Probate Rule 5.025 to include proceedings for injunctions under section 825.1035, Florida Statutes, as adversary proceedings and exempted such proceedings from the formal notice requirements of rule 5.025 because the statute provides its own notice and s
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An ex parte emergency injunction may be issued without initially setting a bond, but the trial court must remand for an evidentiary hearing to determine the appropriate bond amount after both parties have an opportunity to present evidence.
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The Delaware Court of Chancery granted summary judgment in favor of QC Holdings, ordering the Company to use an escrow fund to satisfy QC Holdings' claims under a put agreement. The court held that the Company's obligation to pay the put price was ongoing, not extinguished on the
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A candidate for judicial office may appear on the ballot under a hyphenated form of his name absent evidence of fraudulent intent to deceive voters or create confusion with another candidate. The appellant failed to establish the elements required for a temporary injunction, part
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251 So. 3d 312·
Fla. 2d DCA·
2018-07-13
An injunction prohibiting enforcement of community parking restrictions must specify the reasons for its entry as required by Florida Rule of Civil Procedure 1.610(c), and failure to do so requires reversal and remand.
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Yuniel Mejias Gonzalez appealed a permanent domestic violence injunction entered against him, arguing that the trial court abused its discretion and that the appellee testified to incidents not listed in her petition. The appellate court affirmed, finding no abuse of discretion a
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An appeal becomes moot when a change in circumstances occurs making it impossible for the court to provide effectual relief.
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The Florida Supreme Court amended Form 12.980(b)(1), an order setting hearing on petitions for injunctions for protection against domestic violence, repeat violence, dating violence, sexual violence, and stalking. The amendment clarifies courts' obligations to record domestic vio
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The court granted Defendants' motion for partial judgment on the pleadings, ordering the release of escrow funds, and granted Defendants' motion for interim attorneys' fees. The court found that Sparton had no contractual right to withhold the escrow funds under the Merger and Es
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The court held that the defendants' use of new band names incorporating 'The Commodores' improperly suggests endorsement and violates a prior injunction, warranting an order to show cause for civil contempt.
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250 So. 3d 94·
Fla. 4th DCA·
2018-06-13
Premier Compounding Pharmacy, Inc. successfully obtained a permanent injunction against employee Eric Larson for violating a non-compete agreement and subsequently moved for attorney's fees under the employment contract's Paragraph 12. The trial court denied the fees, reasoning t
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20 La. 1·
M.D. Fla.·
2018-06-08