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 July 2009 amendments to the Delaware Uniform Arbitration Act (DUAA) do not apply retroactively. The Court further found that the parties, through their agreement and course of performance, demonstrated a clear intent for the DUAA to govern their arbitratio
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The seller of a pre-construction condominium unit appeals a trial court's summary judgment for the buyer, arguing the sales contract was authorized under the Interstate Land Sales Full Disclosure Act (ILSFDA) and not subject to revocation.
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The Delaware Court of Chancery denied plaintiffs' motion for a preliminary injunction challenging a controlling stockholder freeze-out. The court found that while the transaction would be reviewed for entire fairness due to the lack of a special committee recommendation and insuf
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The court granted Arkema's motion for a temporary restraining order (TRO), enjoining Dow and Rohm and Haas from allocating less than 100% of Arkema's methyl methacrylate (MMA) requirements. The court found that Arkema had presented a colorable claim of breach of contract, demonst
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The court denied CIBA's motion for a permanent injunction, finding that CIBA failed to prove irreparable harm or that the public interest would not be disserved by an injunction.
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753 F. Supp. 2d 1233·
S.D. Fla.·
2010-04-21
The court held that a preliminary injunction should be granted to prevent Procon from blocking NAL's access to its tracking website for GPS units already purchased by NAL or its dealers, without requiring NAL to accept new terms that limit its claims.
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The court held that the Special Master did not exceed his authority in preparing a report outlining potential criminal conduct, and that defendants' procedural due process rights were not violated by the report's issuance or the seizure of documents.
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The court held that Cherrydale tortiously interfered with employment contracts of former KB employees by inducing them to breach non-compete and confidentiality clauses. The court also found that Cherrydale willfully and maliciously misappropriated KB's trade secrets, including s
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The State of Florida appealed a judgment awarding damages to Bradenton Group, Inc. for a wrongful temporary injunction obtained in 1995 without a bond that shut down the company's bingo hall operations. The court affirmed the judgment, rejecting the State's claims of sovereign an
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American University of the Caribbean (AUC) and related entities challenged a Florida circuit court's ex parte injunction freezing approximately $100 million in bank accounts during a dissolution of marriage proceeding between Ming Tien and Paul Tien. The Third District Court of A
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The Court held that Article V of the Deed Restrictions, which governs the approval of building plans, does not grant the homeowners association authority to regulate the complete demolition of a house where no replacement structure is planned. Consequently, the homeowners associa
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The court held that Bank of America is entitled to attorneys' fees, costs, and expenses under the Florida UCC and the parties' contract, and that Agricultural Bank of China is entitled to the injunction bond proceeds.
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The court granted the plaintiff's motion for a preliminary injunction, ordering defendants to authorize and schedule necessary medical treatment without delay.
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The court held that the Non-Competition covenant in the Asset Purchase Agreement was breached by Defendants WSP and Neary. The court found the covenant to be unambiguous and applicable to HD plasma cutting work, not just oxyfuel. Consequently, WSP and Neary were found liable for
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The Court of Chancery granted Plaintiff Zrii's motion for a preliminary injunction, finding a reasonable probability of success on the merits, an imminent threat of irreparable injury, and that the balance of equities tipped in Zrii's favor. The court enjoined Defendants from dis
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The Republican Party of Miami-Dade County appealed a circuit court injunction requiring it to seat 19 elected executive committee members whom the Party had refused to recognize due to their failure to file a new Party loyalty oath by the qualifying deadline. The appellate court
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12 So. 3d 930·
Fla. 4th DCA·
2009-07-22
The court held that the trial court erred in enjoining the appellant's use or possession of a firearm because the issue was not presented to the court and the appellant was not given notice.
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The court held that a subsequent Congressional enactment mandating project implementation, including "notwithstanding any other provision of law" language, divested the court of subject matter jurisdiction by mooting the case.
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The appellate court affirmed a trial court's decision to grant a temporary injunction, holding that the property owners received adequate notice of the hearing despite their attorney's absence. The court found that notice sent via fax to the attorney's office was legally sufficie
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The court held that the former employee and his current employer were liable for breach of fiduciary duties, tortious interference with prospective economic advantage, and aiding and abetting wrongful conduct. The court awarded monetary damages and attorneys' fees for contempt bu
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The court held that the evidence was insufficient to support the modification of the injunction to include the child as a protected party.
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The court granted in part and denied in part the plaintiff's motion for a temporary restraining order. The court found that the plaintiff had established a colorable claim for breach of contract and a colorable claim for fraudulent transfers, warranting injunctive relief against
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The court held that the school's practice and scheduled performance of a song with religious lyrics violated the Establishment Clause of the First Amendment, warranting a preliminary injunction.
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The court affirmed the bankruptcy court's order granting summary judgment, holding that the debtor was collaterally estopped from contesting the dischargeability of debt based on prior New York court findings of fraud and breach of fiduciary duty.
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994 So. 2d 456·
Fla. 3d DCA·
2008-10-31
Miami-Dade County sought to amend its Charter to memorialize in charter language the existing thirty-year practice of providing uniform countywide fire and rescue services through a special district. The court upheld an injunction preventing tabulation of election results, findin
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995 So. 2d 1017·
Fla. 4th DCA·
2008-10-29
Palm Beach County appeals a declaratory judgment invalidating its use of countywide ad valorem taxes to fund a centralized dispatch system (CDS) serving unincorporated areas and participating municipalities. The court reversed, holding that the cities failed to meet their heavy b
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The Court held that the arbitration provision in the agreement was narrow and only applied to disputes regarding the calculation of the Applicable Amount remaining after the Resolution Period. Therefore, disputes concerning employee bonus and retention payments, rights to cash in
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The court granted in part the motion for a preliminary injunction, ordering defendants to cease trademark use, comply with non-compete provisions, and return confidential materials.
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992 So. 2d 353·
Fla. 3d DCA·
2008-10-01
The School Board of Miami-Dade County appealed a temporary injunction preventing it from barring an employee from school property after he failed a criminal background screening based on a 1996 nolo contendere plea to child abuse. The court reversed because the employee failed to
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William Langford challenged a domestic violence injunction issued against him, arguing the evidence was insufficient and that the written judgment contained an error affecting his child visitation rights. The appellate court affirmed the sufficiency of the evidence supporting the
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The Florida Supreme Court adopted amendments to the Florida Rules of Juvenile Procedure and related forms to conform them with 2008 legislative changes effective July 1, 2008. The amendments modify rules and forms governing service of process, injunctions in dependency cases, dil
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The court held that the Florida statute's 100-foot no-solicitation zone is not narrowly drawn as applied to plaintiffs' exit petitioning activities, and thus likely violates the First Amendment.
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Del. Ch.·
2008-07-29
The court denied DuPont's request for a preliminary injunction, finding that DuPont had not demonstrated a reasonable probability of success on the merits of its claim that it could mix isoxadifen with non-sulfonylurea (non-SU) herbicides under the supply agreement. While DuPont
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The court granted the motion to expedite proceedings leading to a preliminary injunction hearing. The court found that the plaintiffs had articulated a sufficiently colorable claim based on alleged material omissions in the exchange memorandum and demonstrated a sufficient possib
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A father appeals the trial court's vacation of two temporary domestic violence injunctions issued against the mother and her live-in boyfriend without conducting a hearing. The Fourth District Court of Appeal holds that a hearing is required before vacating a temporary injunction
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Nelson Tree Service appealed the denial of its motion for preliminary injunctive relief against a former employee and competing company based on alleged violations of a noncompete agreement. The court reversed, holding that the trial court erred by failing to properly analyze whe
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Del. Ch.·
2008-02-15
The Court of Chancery granted summary judgment for the Welshes, finding the buyback provision void for violating the rule against perpetuities and the construction agreement unenforceable due to vagueness. The court denied the Welshes' motion regarding the developer's ability to
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Victoria Sando petitioned for habeas corpus challenging her incarceration for violation of a domestic violence injunction. The court granted the petition, finding that Sando was denied due process because the trial court imposed a criminal contempt sanction without following crim
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The court held that a permanent injunction is not an available remedy under Federal Rule of Civil Procedure 69 to aid in the collection of a money judgment, as it is not contemplated by the rule or applicable state statutes, and equitable relief requires the absence of an adequat
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The Delaware Court of Chancery held that it, not an arbitrator, has jurisdiction to decide substantive arbitrability because the LLC agreement's arbitration clause was narrow and did not clearly and unmistakably delegate that issue. The court granted in part and denied in part a
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The Florida Third District Court of Appeal affirmed a trial court's grant of a temporary injunction preventing two sibling co-owners from managing a family corporation due to documented mismanagement, financial improprieties, and harm to the company. The court held that the trial
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966 So. 2d 976·
Fla. 5th DCA·
2007-08-31
Brian Patrick Barrett appeals from two injunction orders entered against him based on alleged breach of a Marital Settlement Agreement. The appellate court reversed the temporary injunction for lack of proper procedural requirements and remanded the permanent injunction for corre
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The court denied the plaintiff's request for a preliminary injunction to block the closing of the Mitel Merger. The court held that the Special Committee of Inter-Tel's board of directors acted within their fiduciary duties by rescheduling the special meeting to vote on the merge
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The court held that the forum selection clause is valid and enforceable, and granted an anti-suit injunction, but found the choice of law clause not applicable to all substantive claims.