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 domestic violence injunction is affirmed without prejudice to the appellant filing a motion for relief from judgment under Florida Family Law Rule of Procedure 12.540(b) when appeal grounds do not establish reversible error but may provide grounds for such relief.
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237 So. 3d 1026·
Fla. 4th DCA·
2018-02-14
A student challenged the School Board of Palm Beach County for allegedly falsifying class-size counts in violation of Florida's Class-Size Amendment. The circuit court dismissed the complaint without prejudice, finding no private right of action under the amendment. The appellate
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Fla. 5th DCA·
2018-02-05
A probate court loses plenary power to vacate, modify, or reform a final order admitting a will to probate as a muniment of title thirty days after signing that order, and any judicial action taken thereafter is void. The court erred in appointing an executor and issuing letters
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243 So. 3d 451·
Fla. 5th DCA·
2018-02-02
Stephen Curtis appealed a final injunction for sexual violence protection entered against him on behalf of a minor child. The Florida District Court of Appeal, Fifth District, affirmed the injunction itself but reversed and remanded regarding the psychosexual evaluation order bec
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Fla. 5th DCA·
2018-01-29
An order requiring a psychosexual evaluation must specify the time, place, physician's name, manner, conditions, and scope of the evaluation; an order lacking such specificity violates Florida Rule of Civil Procedure 1.360 and gives the psychologist improper carte blanche authori
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A trial court does not abuse its discretion by denying a stay of civil injunction proceedings based on Fifth Amendment concerns when a related criminal case is pending, as no constitutional requirement mandates such a stay absent special circumstances.
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The Court of Chancery denied the plaintiff's application for attorneys' fees. The court found that the plaintiff failed to establish causation between its lawsuit and the price reduction, as the defendants successfully rebutted the presumption of causation by demonstrating the re
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233 So. 3d 528·
Fla. 1st DCA·
2018-01-17
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233 So. 3d 528·
Fla. 1st DCA·
2018-01-16
A trial court errs in summarily denying a motion to dissolve an injunction for protection against repeat violence when the movant alleges lack of contact with the petitioner over fifteen years and that the injunction interferes with employment, without affording a meaningful oppo
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232 So. 3d 533·
Fla. 2d DCA·
2017-12-29
The court held that the trial court erred in entering a temporary injunction against Deputy Trowell because the inmate's petition failed to allege sufficient incidents of violence.
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230 So. 3d 127·
Fla. 3d DCA·
2017-09-20
The appellate court affirmed the trial court's order freezing trust assets, finding the trustee's failure to file timely and accurate accountings constituted a breach of fiduciary duty.
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Del.·
2017-08-17
The appellate court reversed the lower court's finding that inTEAM and Goodman did not breach their non-compete obligations, and reversed its finding that inTEAM did not breach the co-marketing agreement. The court affirmed the lower court's findings that Heartland breached its n
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The appellate court affirmed the trial court's decision to deny a motion to dissolve a temporary injunction. The injunction was granted against a former employee accused of breaching restrictive covenants in his employment agreement. The court found no abuse of discretion in the
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Del. Ch.·
2017-08-01
The appellate court affirmed the trial court's decision, holding that the plaintiffs failed to establish an easement by prescription or by estoppel over the defendants' property. The court found that the plaintiffs did not meet the heightened evidentiary standard required for suc
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The Court granted summary judgment for the plaintiffs, finding that two members of the Sussex County Council cast votes on a rezoning application that were either inadequately supported by the record or arbitrary and capricious. Consequently, the rezoning application must be re-s
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Janie Lerma-Fusco, as personal representative of her deceased husband Franco Fusco's estate, appealed orders setting aside a strike of creditors' claim and granting a temporary injunction freezing estate assets. The Fifth District Court of Appeal dismissed the first appeal as non
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Appellants Marcus Berto and Werner Batista appealed an ex parte temporary injunction freezing nearly $63 million in assets in Florida. The Florida District Court of Appeal reversed and remanded, finding the trial court's order facially deficient and that the allegations were insu
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Burke and her business entities appeal a trial court order granting a temporary injunction against them for allegedly breaching a non-competition agreement with their former employer, Sunco. The appellants challenged only the injunction bond amount and duration, not the injunctio
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219 So. 3d 867·
Fla. 4th DCA·
2017-05-31
Melissa Kriebel appeals a final judgment of injunction for protection against repeat violence entered in favor of Nathalie Piedrahita. The court reversed the injunction because the record did not substantiate the two incidents of violence or stalking required by statute for such
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215 So. 3d 1292·
Fla. 5th DCA·
2017-05-05
The court held that a motion to vacate an injunction based on changed circumstances requires an evidentiary hearing if legally sufficient.
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208 So. 3d 1188·
Fla. 3d DCA·
2017-01-04
A unit owner sought an injunction to prevent a condominium association from approving a neighboring unit owner's application to combine two units. The trial court granted summary judgment against the unit owner on ripeness grounds, and the appellate court affirmed, holding that t
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The court held that the trial court did not err in granting a temporary injunction and imposing specific terms, as the parties' unambiguous Resale Agreement contained an exclusive forum selection clause that the appellant violated by filing suit in the Dominican Republic.
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207 So. 3d 331·
Fla. 3d DCA·
2016-11-23
Aligned Bayshore Marina appeals a trial court's temporary injunction order. The court quashes the injunction because it fails to comply with Florida Rule of Civil Procedure 1.610, specifically by lacking required factual findings explaining the reasons for entry and failing to re
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The court held that assessments for non-recurring legal and engineering fees, adopted through an amended budget process, were properly classified as 'special assessments' requiring adherence to specific statutory procedures.
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The court granted a temporary restraining order, preventing the Delaware Department of Transportation (DelDOT) from awarding a construction contract to another bidder, but denied the request for a mandatory injunction to rebid the project. The court found that while DelDOT violat
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Ian Bowles appeals his convictions for aggravated stalking and stalking in violation of a domestic violence injunction and court orders stemming from his harassment of his ex-wife and her fiancé. The appellate court reversed the convictions, finding that the trial court erred in
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Del. Ch.·
2016-07-18
The Court of Chancery issued an Order of Discharge for Robert B. Pincus, the Custodian of TransPerfect Global, Inc. The order discharged Mr. Pincus from all duties and obligations as Custodian, while ensuring that he and his advisors would continue to receive the judicial immunit
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196 So. 3d 507·
Fla. 3d DCA·
2016-07-13
The court held that an appeal of an order discharging a lis pendens is timely if filed within thirty days of the discharge order, even if the order setting the bond amount was issued earlier.
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The Court of Chancery should grant injunctive relief to Ambient Heating and Cooling, LLC (Ambient LLC) against Ambient, finding that Ambient's use of the name "Ambient" infringes on Ambient LLC's common law trademark rights and violates Delaware's Deceptive Trade Practices Act. T
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The Delaware Court of Chancery denied the Bank's motion to lift the anti-suit injunction, holding that allowing the Bank to litigate its third-party claims against Freestone in the South Carolina Action would contravene the policies of the Uniform Insurers Liquidation Act, interf
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Florida appellate court reversed and remanded a domestic violence injunction modification order because the trial court denied the incarcerated appellant due process by failing to rule on his request to appear telephonically at the hearing.
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194 So. 3d 521·
Fla. 3d DCA·
2016-06-15
The court held that the State's amended complaint stated a cognizable claim for nuisance, and the trial court erred in dismissing it.
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Florida appellate court reversed a temporary domestic violence injunction because the trial court failed to comply with statutory requirements by issuing a fixed-term temporary injunction without scheduling a required future hearing or making findings, and because Florida law doe
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Klauber appeals a trial court order requiring him to surrender his 50% stock interest in a corporation to a sheriff executing on a deficiency judgment. The court affirms, finding no reversible error because the portions of the order containing erroneous provisions (cancelling sto
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A grandfather appeals a permanent injunction for protection against domestic violence based on allegations of sexual abuse against his grandchild. The appellate court reversed because the trial court excluded the child's out-of-court statements without considering Florida's statu
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184 So. 3d 635·
Fla. 4th DCA·
2016-02-03
The court held that the plain language of the Independent Sales Agent Agreement did not require mediation or arbitration when MuniCommerce terminated the contract under Section 10(e) for cause, and Navidor's prior letter alleging breach did not render the waiver unconscionable.
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The appellate court affirmed the Superior Court's denial of the plaintiffs' motion for leave to amend their complaint, agreeing that the proposed amendment was futile. The court held that the statute at issue, 21 Del. C. § 2118B(c), provides its own remedy for delayed claim proce
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The court held that the State failed to prove Mr. Hall acted willfully in violating the domestic violence injunction, as he reasonably concluded it was no longer in effect.
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The court held that the Association was not entitled to summary judgment because genuine issues of material fact remained regarding the accrual of the statute of limitations for the plaintiff's claims.
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178 So. 3d 525·
Fla. 4th DCA·
2015-11-04
Brian McLane, a Kentucky resident and managing member of Nostego LLC, appealed the denial of his motion to dismiss for lack of personal jurisdiction in a breach of contract and fraud action filed by ARNH in Florida. The appellate court reversed, finding insufficient minimum conta
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The Delaware Court of Chancery held that Tidel breached an enforceable non-competition provision in the Securities Purchase Agreement by developing and marketing the R50 cash management system with specifications and pricing above the agreed-upon threshold during the restricted p
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177 So. 3d 992·
Fla. 1st DCA·
2015-10-06
A state prisoner sued to enjoin the Department of Corrections from using physical restraints and force against him and sought transfer to another facility. The Florida First District Court of Appeal affirmed dismissal as moot because the prisoner had already been transferred to a
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The appellate court affirmed in part and reversed in part the trial court's order regarding a motion for temporary injunction to enforce a restrictive covenant, where one party challenged the denial of the injunction and the other challenged its partial granting.
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The Court of Chancery has subject matter jurisdiction over the plaintiffs' claims seeking to enjoin the requirement that they wear GPS monitor ankle bracelets and declare the governing statute unconstitutional. The court found that the plaintiffs' primary relief sought was equita
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The Delaware Supreme Court affirmed the Court of Chancery's decision, holding that a corporate bylaw requiring "prior public disclosure of the date" of an annual meeting necessitates disclosure of the specific, actual date, not an anticipated or approximate date range. Therefore,
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Martinez appeals a domestic violence injunction issued against him. The court affirms the injunction itself but reverses the provision requiring him to surrender all firearms and ammunition because, as a law enforcement officer, he is statutorily exempt from that requirement unde