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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169 So. 3d 151·
Fla. 4th DCA·
2015-05-27
The Fourth District Court of Appeal addressed whether majority members of an LLC without an operating agreement could expel a minority member and redistribute his membership interest without consent or compensation. The court held that while majority members could expel the membe
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The Court of Chancery approved a settlement in a class and derivative action arising from a corporate restructuring. The settlement provided $275 million to the company, reduced insider voting power, and expanded the board with independent directors. The court found that the sett
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The City of Miami appealed a trial court injunction that prohibited it from demolishing property at 500 S.W. 56th Avenue pending conclusion of a foreclosure action. The appellate court affirmed the finding that the City failed to provide proper notice of the demolition proceeding
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The Florida Supreme Court adopted amendments to the approved family law form 12.980(n) for petitions seeking injunctions for protection against dating violence. The amendments clarify the statutory requirements for standing and the evidence needed when a parent or legal guardian
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The appellate court dismissed an appeal as unripe because the appellee never posted the bond required by the trial court's temporary injunction order. The court used this case to highlight the procedural problem created when injunction orders set bond amounts but fail to specify
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Florida appellate court affirmed the trial court's denial of a preliminary injunction in a franchise dispute and upheld exclusion of a surreptitiously recorded telephone conversation under Florida's two-party consent wiretapping statute.
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The court adopted the magistrate judge's report and recommendation, granting default judgment for injunctive relief against defendants for violating the Anticybersquatting Consumer Protection Act.
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The Court denied the Plaintiff's motion for a temporary restraining order (TRO) and motion to expedite. The Court found that the Plaintiff failed to demonstrate a colorable claim that the enforcement of the advance notice bylaw (ANB) would be inequitable, as required for a TRO. T
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Miami-Dade County and its Office of the Inspector General appealed a summary judgment order that prevented them from conducting an independent investigation into police officers' compliance with county policies regarding outside employment and financial disclosures. The court rev
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The court recommended denying the plaintiff's request for a permanent injunction to remove the defendant's barn, finding that the relevant restrictive covenant was too vague and imprecise to be enforceable. The court also denied the plaintiff's request for specific performance of
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The court held that the trial court's finding of reasonable cause for an injunction for protection against domestic violence was not supported by competent, substantial evidence.
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Del. Ch.·
2014-10-31
The Delaware Court of Chancery granted Apollo's motion for a declaratory judgment, holding that Cooper Tire & Rubber Company breached the Merger Agreement by failing to cause its subsidiary, Chengshan Cooper Tires (CCT), to conduct its business in the ordinary course of business
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Hawthorne appealed the trial court's denial of her petitions for injunctions for protection against sexual violence based on the imminent release of her perpetrator from prison. The court reversed, holding that the trial court erred by failing to hold a hearing on the petition as
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The court held that a trial court's order denying a petition for an injunction against stalking must set forth the legal grounds for denial as required by statute.
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The Court denied the plaintiff's motion for a preliminary injunction, finding that the plaintiff failed to establish a reasonable probability of success on the merits for its trade secret and deceptive practices claims, and that the potential harm to the plaintiff was speculative
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Rigaud Colin appeals a domestic violence injunction prohibiting contact with his wife Rosa, and a child support order. The appellate court affirmed both the injunction and the support amount, finding sufficient evidence for the injunction and that Colin failed to preserve his obj
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161 So. 3d 501·
Fla. 2d DCA·
2014-08-01
The court held that the trial court erred in dismissing a third petition for a temporary injunction for domestic violence without affording the petitioner preliminary procedural due process.
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The court held that the defendants breached the Right of First Offer (ROFO) Agreement by failing to provide a compliant "Property Offer Notice" before proceeding with negotiations and agreements with a third party, Rockrose. The notice failed to accurately state the sale price, o
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Del. Ch.·
2014-07-24
The Court of Chancery granted in part and denied in part the defendants' motion to dismiss. The court dismissed claims related to the ABA's initial adoption as an anti-takeover device and certain disclosure claims in prior proxy statements due to laches or lack of damages. Claims
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142 So. 3d 856·
Fla.·
2014-07-03
The Florida Supreme Court adopted amendments to two approved family law forms—Form 12.980(b)(1) and Form 12.980(u)—to clarify findings required when denying ex parte temporary injunctions and to remove a mandatory treatment provision from stalking injunction forms. This administr
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138 So. 3d 1135·
Fla. 1st DCA·
2014-05-14
A Florida appellate court reversed an injunction for protection against repeat violence entered on behalf of a minor because the parent who sought it failed to establish that the statutory prerequisites for such an injunction were met. The court held that the petitioner must prov
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2014 WL 1745074·
S.D. Fla.·
2014-05-01
Summary judgment is granted because Plaintiffs failed to produce sufficient admissible evidence of a defect in the vehicle or that the alleged defect was the proximate cause of their injuries.
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Del.·
2014-04-09
The Delaware Supreme Court affirmed the Court of Chancery's decisions, holding that the delinquency proceedings for Indemnity Insurance Corporation, RRG did not violate the constitutional due process rights of the appellants. The court found that appellant Jeffrey B. Cohen receiv
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133 So. 3d 657·
Fla. 1st DCA·
2014-03-18
A Florida appellate court reversed an injunction against repeat violence, holding that keying a car does not constitute "violence" under Florida's repeat violence statute and that there was insufficient evidence of the second alleged incident.
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857 F. Supp. 2d 1269·
S.D. Fla.·
2014-02-26
The court held that the statute of limitations for an FDCPA claim based on a deceptive notice served with a foreclosure complaint begins to run from the date of service, not the date of filing.
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The court granted the Regional Director's petition for a preliminary injunction, finding reasonable cause to believe unfair labor practices occurred and that injunctive relief was just and proper.
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The Delaware Court of Chancery denied the insurer's request for a permanent injunction to prevent the insured from prosecuting claims in West Virginia. The court found that such an injunction would be ineffective to prevent the risk of inconsistent judgments because West Virginia
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The court held that the Convention on Recognition and Enforcement of Foreign Arbitral Awards did not apply because the parties' relationship lacked a sufficient nexus to a foreign state, thus federal courts lacked subject matter jurisdiction.
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126 So. 3d 228·
Fla.·
2013-11-14
The Florida Supreme Court adopted amendments to Family Law Rule 12.610 and related forms 12.900(h) and 12.928 to incorporate stalking injunctions into the existing framework for domestic, repeat, dating, and sexual violence injunctions, following legislative creation of a stalkin
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The court held that the plaintiff failed to state a claim for municipal liability under § 1983 based on the drug policy or failure to train, but the plaintiff may have a cognizable interest in employment for due process claims against individual defendants.
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Former Wife appeals the trial court's denial of her petition to relocate with the child to Indiana. The court affirmed, finding that Former Wife failed to prove relocation was in the child's best interest and demonstrated a pattern of disregarding court orders and interfering wit
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The court held that the defendants failed to demonstrate a likelihood of success on appeal and that equity favored preserving frozen assets for consumer redress over allowing defendants to use them for living expenses.
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120 So. 3d 193·
Fla. 5th DCA·
2013-08-23
Tyler Kirton appeals the trial court's extension of an injunction for protection against repeat violence obtained by Chris McKissick. The appellate court affirmed the extension, holding that the trial court properly focused on whether McKissick's fear of future violence was reaso
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124 So. 3d 246·
Fla. 1st DCA·
2013-08-20
The trial court had jurisdiction to grant an injunction to prevent child abuse under section 39.504 before entry of the final adoption judgment, but violated the appellant's due process rights by failing to hold a full evidentiary hearing on the Department's entitlement to the in
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A surety is entitled to a preliminary injunction compelling an indemnitor to deposit collateral when the surety establishes a reserve account for potential liability under a bond and the indemnitor refuses to deposit the collateral as required by their indemnity agreement.
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The court held that a trial court lacks statutory authority to order a victim of domestic violence to undergo psychological evaluations as part of an injunction for protection.
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The court held that the plaintiff, a "three-striker" under the PLRA, failed to demonstrate he was in imminent danger of serious physical injury at the time of filing his complaint, thus he could not proceed in forma pauperis.
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Del. Ch.·
2013-05-31
The Court held that the plaintiff, ReCor Medical, Inc., is the rightful owner of the patent application concerning a minimally invasive ultrasound renal denervation procedure. This ownership stems from an invention assignment agreement (IAA) executed by the defendant, Reinhard Wa
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The Delaware Court of Chancery found the depository (FSD) liable for breach of a bailment agreement and the affiliated debtor (CAMI) liable for conversion of collateral. The court determined that the depository wrongfully released collateral without the lender's (IDB) consent, an
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The Delaware Supreme Court affirmed the Court of Chancery's denial of the defendant's motion to vacate a default judgment and anti-suit injunction. The court held that the forum selection clause was valid and enforceable, and that the defendant's arguments regarding lack of perso
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The Florida Supreme Court adopted new and amended family law forms to implement recent legislation creating a cause of action for injunctions for protection against stalking. The Court added three new forms related to stalking injunctions and amended existing injunction forms to
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Summary judgment is granted for the plaintiff because the defendant's affirmative defenses of waiver, estoppel, and failure to mitigate are invalid as a matter of law due to the clear and unconditional terms of the guaranty agreement.
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111 So. 3d 283·
Fla. 4th DCA·
2013-04-17
The court held that the trial court properly granted an injunction and writ of mandamus to compel the homeowners association's board to take necessary steps to preserve the Declaration of Restrictions.
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The court granted Simplexity's motion for a preliminary injunction, finding a likelihood of success on the merits regarding the enforceability of Zeinfeld's non-compete agreement and that Brightstar's proposed employment of Zeinfeld would violate it. The court also found that Sim
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The Court of Chancery granted a preliminary injunction against SandRidge Energy's incumbent board, finding they likely breached their fiduciary duty of loyalty by refusing to approve a dissident slate of directors for "Proxy Put" purposes. The court determined that the board's ju
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The court held that equitable tolling does not apply because the plaintiff failed to demonstrate any fault or inequitable conduct by the defendant that prevented a timely federal filing.
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The Court denied the Plaintiffs' Motion to Expedite, finding that they failed to state any colorable claims sufficient to justify expedited proceedings. The Court concluded that the deal protection devices did not impermissibly lock up the merger agreement and that the alleged di
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107 So. 3d 1178·
Fla. 3d DCA·
2013-02-13
Ray Velazquez appealed two non-final orders denying his motion for partial summary judgment and his motion to enjoin Wayne Rosen from claiming proceeds from securities held in Velazquez's Morgan Stanley account. The court dismissed the appeal as moot due to subsequent development