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 recommends that the trustee be authorized to hold the trust assets pending the resolution of a will contest in a Texas court. This decision is based on the principle that distributing the assets before the will's validity is determined would prejudice the parties contes
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103 So. 3d 1060·
Fla. 1st DCA·
2013-01-11
Devonshire, a continuing care retirement community (CCRC), challenged the Department of Financial Services' authority to appoint it as a receiver following the facility's default on a $161.6 million mortgage loan. The court held that while Devonshire was insolvent, the state lack
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The court granted National Trust's motion for summary judgment, finding no duty to defend or indemnify for the Specialized Services lawsuit due to lack of 'property damage' as defined by the policy. The court also granted National Trust's motion to strike Len-Verandahs' untimely
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105 So. 3d 591·
Fla. 5th DCA·
2012-12-28
Florida appellate court reversed an injunction for protection against repeat violence where the evidence showed only verbal abuse and threats without any actual violence or imminent threat of violence.
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100 So. 3d 212·
Fla. 2d DCA·
2012-10-31
Florida appellate court reversed an injunction for protection against repeat violence because the trial court failed to establish the requisite two incidents of violence or stalking directed at the petitioner.
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The court held that a stay of the federal action was warranted under the Colorado River doctrine to allow parallel state probate proceedings to conclude, despite the probate exception not barring the federal claims themselves.
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The court held that the program to remove non-citizens from voter rolls is not subject to the 90-day provision of the NVRA, as that provision applies only to removals based on a change of residence.
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The court held that the School Board's policies, as applied to a student distributing religious invitations, constituted unconstitutional viewpoint-based discrimination and violated the student's First Amendment rights under the Tinker standard.
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114 So. 3d 209·
Fla. 5th DCA·
2012-10-19
Jimil Sheikh appealed multiple rulings in a family law matter involving custody, child support, and an injunction preventing removal of children from Florida. The appellate court affirmed the underlying custody and support order but dismissed three subsequent appeals as non-final
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114 So. 3d 210·
Fla. 5th DCA·
2012-10-19
Jimil Sheikh appeals a family law order establishing shared parental responsibility, primary residential custody with his ex-wife, and child support obligations, along with an injunction preventing removal of the children from Florida. The appellate court affirmed the underlying
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114 So. 3d 208·
Fla. 5th DCA·
2012-10-19
Jimil Sheikh appeals multiple family law rulings including child custody, child support, and an injunction preventing removal of children from Florida. The appellate court affirmed the main custody and support order but dismissed three other appeals as non-final and non-appealabl
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The court granted the State's petition for certiorari to review an order reinstating a defendant's release on his own recognizance, while denying the defendant's petition for habeas corpus seeking reinstatement of that release.
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Del. Ch.·
2012-08-14
The court denied the counterclaim plaintiffs' claims for conversion, conspiracy, and aiding and abetting, and found them estopped from bringing claims for breach of fiduciary duty. The court granted the counterclaim plaintiffs' claim for reimbursement of private security guard co
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59 L.R.R.M. (BNA) 2591·
S.D. Fla.·
2012-07-20
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91 So. 3d 259·
Fla. 5th DCA·
2012-06-29
The court held that the petition for injunction for protection against repeat violence was legally sufficient and supported by competent, substantial evidence.
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Florida appellate court reversed an injunction for protection against domestic violence because the trial court made no finding of domestic violence and the petitioner presented no evidence of actual victimization or imminent danger.
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The Florida Supreme Court approved amendments to twenty-four family law forms relating to domestic, repeat, dating, and sexual violence injunctions. The amendments update language to comply with disability accommodations rules, remove unnecessary personal information requests, cl
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Del. Ch.·
2012-05-31
The Court of Chancery granted the defendants' motions to dismiss, finding that the plaintiffs' claims were barred by Delaware's 60-day statute of repose for challenging municipal zoning and land use decisions. The court also found that the plaintiffs failed to pursue an adequate
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86 So. 3d 527·
Fla. 5th DCA·
2012-03-30
Dr. Farmer appealed a temporary injunction enforcing a non-compete agreement that prohibited her from owning or operating a veterinary business within a 30-mile radius of her former employer's office. The court reversed, holding that the non-compete clause restricted only the loc
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Harambam Congregation appeals the dissolution of a temporary injunction granted against Simcha Connection, Inc. The court holds that Simcha's filing of a motion to dissolve, rather than an immediate appeal, rendered moot all issues regarding prior notice, including the movant's f
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Jean-Sébastien Sauriol appeals a civil contempt order sentencing him to 21 days in jail for sending a single non-threatening email to his wife in violation of a domestic violence injunction's no-contact provision. The court reverses, finding the sanction was punitive in character
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77 So. 3d 884·
Fla. 2d DCA·
2012-01-20
Cynthia Jones appealed an order declining to exercise jurisdiction over the judicial dissolution of a corporation in which she and Louis Pfaff were equal shareholders. The Florida District Court of Appeal dismissed the appeal for lack of jurisdiction because the order was not app
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77 So. 3d 691·
Fla. 3d DCA·
2011-11-09
The Third District Court of Appeal affirmed a trial court's grant of a temporary injunction removing defendants from their positions at a local chapter of a Chinese merchants association and reinstating the plaintiff as co-president. The court upheld the injunction after defendan
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The Court of Chancery has original and exclusive jurisdiction over the in rem proceedings of an insurance rehabilitation, but not over all claims brought against the insurer during rehabilitation. Therefore, the court may, in its discretion, require a receiver to submit to arbitr
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The court denied the plaintiff's motion for a preliminary injunction, finding that the plaintiff failed to demonstrate a reasonable probability of success on the merits. The court concluded that the board of directors acted reasonably in pursuing the merger, despite some procedur
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The appellate court affirmed the trial court's decision, finding that the evidence presented was insufficient to warrant an injunction for protection against domestic violence.
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A grandfather appeals a final domestic violence injunction prohibiting contact with his granddaughter. The Florida appellate court reverses because the grandfather received only 25 hours' notice of the hearing, which was procedurally insufficient and violated his right to due pro
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CFBP, a borrower under a mortgage and security agreement with U.S. Bank, sought recovery of $7.8 million in insurance proceeds following a February 2008 fire that damaged its industrial warehouse property. The dispute centered on whether the Bank breached the agreement by unreaso
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A Florida appellate court reversed an injunction for protection against domestic violence issued against a mother, holding that the father failed to present sufficient evidence that their eight-year-old daughter was a victim of or in imminent danger of becoming a victim of domest
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DeMatteo and Shea entered into a stipulation requiring DeMatteo to leave Lynn University and Palm Beach County until Shea graduated, in exchange for dismissal of her dating violence injunction petition. The trial court improperly converted this dismissal into a permanent injuncti
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The Court denied the plaintiffs' motion for a preliminary injunction, finding that they failed to demonstrate a reasonable probability of success on the merits or irreparable injury. The Court reasoned that while the derivative claims might survive a motion to dismiss, they were
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Katarzyna Moriggia appealed a domestic violence injunction issued in favor of Oscar S. Moriggia. The appellate court reversed because there was no evidence that Oscar was either a victim of domestic violence or had reasonable cause to believe he was in imminent danger of becoming
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787 F. Supp. 2d 1293·
N.D. Fla.·
2011-05-20
The court held that while plaintiffs are bound by the consent decree in their official capacities due to privity and res judicata, they may still challenge specific provisions or enforcement that violate their individual civil rights.
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63 So. 3d 835·
Fla. 5th DCA·
2011-05-20
Property owners in the Summer Haven subdivision sued St. Johns County for failing to adequately maintain Old A1A, the only vehicle access road to their beachfront parcels. The court reversed summary judgments on the declaratory relief and inverse condemnation counts, holding that
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The Florida Third District Court of Appeal affirmed the denial of a preliminary injunction, holding that the former employee's termination without cause triggered a one-year non-competition period, not the two-year period Avisena argued for. The court found the employment agreeme
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The court held that the defendants' motions to dismiss should be denied, and the plaintiffs' renewed motion for preliminary injunctive relief should be granted a hearing, because the plaintiffs sufficiently alleged standing and stated claims for relief.
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The Court granted a preliminary injunction enjoining the shareholder vote on the proposed merger between Atheros Communications, Inc. and T. Merger Sub, Inc. The injunction is conditioned upon the plaintiffs posting a $25,000 bond and will be lifted upon Atheros's distribution of
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The court granted the SEC's request to enter a stipulated judgment of permanent injunction against Michael Rivers, finding it permissible despite potential Eleventh Circuit concerns about 'obey the law' injunctions.
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The court held that the defendant failed to demonstrate a substantial likelihood of success on the merits for trademark infringement because consumers are not likely to be confused between the two marks.
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The Seminole County School Board appealed a trial court's grant of a temporary injunction allowing a transfer student to participate in interscholastic wrestling despite being declared ineligible under FHSAA bylaws. The appellate court reversed, finding multiple procedural and su
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The Court granted Chartis Warranty Guard's (CWG) motion for a preliminary injunction in aid of arbitration. The Court found that CWG had a reasonable probability of success on the merits of its claim that National Electronics Warranty (NEW) breached their agreement by misusing CW
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The court denied the investor's motion for a temporary restraining order (TRO) or preliminary injunction, finding the claim barred by laches due to unreasonable delay and prejudice to the opposing parties. Additionally, the court found the investor failed to demonstrate a probabi
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The court reversed a domestic violence injunction entered against a father based on threatening voicemail messages to his adult son, holding that the father and son did not qualify as "family or household members" under Florida's domestic violence statute because they never resid
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48 So. 3d 1011·
Fla. 5th DCA·
2010-12-03
Pietro Fuccio appealed a permanent injunction for protection against domestic violence entered against him. The appellate court reversed because the parties never resided together, which is a statutory requirement for a domestic violence injunction under Florida law, and the appe
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47 So. 3d 971·
Fla. 4th DCA·
2010-12-01
A condominium association sued two joint unit owners to enforce rental restrictions, serving both at the same address despite evidence they lived separately. The court affirmed dismissal of the claim against one defendant based on valid service, but reversed and remanded as to th
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The court held that plaintiffs are likely to prevail on their claim that Florida law unconstitutionally prohibits spending contributions received and fully disclosed within five days before an election, but are unlikely to prevail on claims challenging disclosure of contributors,