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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958 So. 2d 605·
Fla. 4th DCA·
2007-06-27
Derek D'Agostino and his company appeal a temporary injunction restricting their automotive parts installation business based on a non-compete covenant. The appellate court reverses the portion of the injunction that prohibited them from installing the same brands of aftermarket
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The court held that the plaintiff is entitled to damages for lost profits, tower purchase option, missing assets, and attorney's fees and costs due to the defendant's breach of contract and sanctionable conduct.
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The court found that Defendants infringed upon Hidalgo's trademark by using the Hidalgo Mark in commerce without consent, likely causing confusion among consumers. The court also found that Defendants violated Section 43(a) of the Lanham Act by falsely designating the origin of g
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The court entered a stipulated final judgment and order for permanent injunction, permanently restraining and enjoining defendants from engaging in deceptive acts and practices in violation of the FTC Act and Franchise Rule, and imposing a monetary judgment.
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The court held that while Florida law permits equitable extension of preliminary injunctions, it does not require it, and such extensions are within the court's discretion.
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The court held that the USDA's emergency interim rule was promulgated in violation of the Administrative Procedure Act's notice and comment requirements, but exercised equitable discretion to keep the rule in place pending new rulemaking.
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957 So. 2d 661·
Fla. 3d DCA·
2007-04-11
An injunction under section 61.11(1) cannot be used to secure attorney's fees, only alimony or support.
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The court held that the school board's denial of official recognition and privileges to the Gay-Straight Alliance club violated the Equal Access Act, and granted a preliminary injunction.
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The appellate court reversed the trial court's order barring future filings because the appellant was not afforded due process.
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The court granted the motion for a preliminary injunction, enjoining the merger vote until the company discloses additional information. The court found a reasonable probability of success on two issues: (1) the board likely breached its Revlon duties by failing to undertake reas
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Del. Ch.·
2007-03-01
The Court held that the dispute concerning the customer's concerns must be arbitrated before the Settlement Accountant, as dictated by the Merger Agreement. The Court further held that Matria's fraud claims must be dismissed because they are subject to the agreement's arbitration
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510 F. Supp. 2d 786·
M.D. Fla.·
2007-02-16
The court held that disputed facts regarding probable cause precluded summary judgment for Deputy Klein on the false arrest and imprisonment claims, but granted summary judgment for other defendants on those claims. Summary judgment was granted for all defendants on the unconstit
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953 So. 2d 569·
Fla. 4th DCA·
2007-02-14
The court held that allowing the State to amend the aggravated stalking charge to include events for which the appellant had already been convicted violated the Double Jeopardy Clause.
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The court held that the plaintiff's speech involved a matter of public concern and his free speech interest outweighed the employer's, but granted qualified immunity to defendant Puto because the plaintiff's rights were not clearly established. Summary judgment was denied for cla
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The Court of Chancery granted the defendant's motion to dismiss, holding that it lacked personal jurisdiction over the defendant because the consent to jurisdiction clause in the expired lock-up agreement did not apply to the plaintiff's claims of breach of fiduciary duty, and De
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The court denied the motion to compel arbitration, finding that the non-competition agreement, which did not mention arbitration, was independent of the stock purchase agreement containing the arbitration clause. The court granted the motion for a preliminary injunction, finding
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The court held that injunctive relief was available for breaches of confidentiality but not for breaches of non-compete or exclusive use provisions, which were subject to arbitration or lacked irreparable harm.
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The court held that it must follow the Eleventh Circuit's mandate to enter a nationwide permanent injunction, and denied a proposed settlement agreement and EchoStar's request to modify the injunction's effective date.
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Abramson challenged Beer's candidacy for judicial office, arguing that Beer violated Florida's "resign-to-run" law by not resigning from his position as a civil traffic infraction hearing officer. The court held that hearing officers have no definite term of office and are theref
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The court held that the trial court erred in dissolving a domestic violence injunction as to a minor son, as the son had reasonable cause to believe he was in imminent danger of domestic violence, and the court improperly denied the son an opportunity to testify.
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469 F. Supp. 2d 1190·
S.D. Fla.·
2006-10-24
The court held that the airport's operational directive requiring permits and fees for limousine services was rationally related to legitimate government purposes and did not violate the Equal Protection or Commerce Clauses.
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Hana Sargi appeals a habeas corpus order requiring her to return their two children to her husband, Ali Hernandez, so he could take them back to Saudi Arabia. The Third District Court of Appeal quashed the writ, holding that habeas corpus relief is improper when there is no prior
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The court granted the preliminary injunction, enjoining Lantech from proceeding in Costa Rica until the validity of the forum selection clause is determined.
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The court denied the plaintiffs' motion for a preliminary injunction, finding they failed to demonstrate a reasonable probability of success on the merits regarding alleged disclosure deficiencies in the tender offer materials. The court held that the undisclosed tax rate assumpt
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The court modified the Magistrate Judge's Report and Recommendation to include abstention analysis, denied the motion for preliminary injunction, and granted the motion to dismiss certain claims, abstaining from others.
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The Court of Chancery should deny the motion to dismiss for failure to join indispensable parties, as the condominium association adequately represents the unit owners' interests in common elements. However, the Court should grant the motion to dismiss Counts II and III, which se
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The court reversed a Florida domestic violence injunction against a Maryland resident, holding that voice and text messages left on the appellee's cell phone before he knew she was in Florida were insufficient to establish personal jurisdiction under Florida's long-arm statute an
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The Court held that Sprint Nextel's planned use of the Sprint brand and marks to promote iDEN products and services, and to re-brand legacy Nextel stores within the Plaintiffs' Service Areas, would violate the implied duty of good faith and fair dealing. The Court granted a perma
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Scott Jordan, a sheriff's deputy terminated for falsifying police reports, challenged his termination as void because the Professional Standards Committee (PSC) that recommended his termination violated Florida's Sunshine Act by meeting in private. The appellate court affirmed th
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Del.·
2006-07-10
The Delaware Supreme Court affirmed the Superior Court's denial of the appellants' first application for attorneys' fees under the common benefit exception, finding it inapplicable to construction preservation cases. However, the Court reversed the Superior Court's denial of the
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The court held that defendant Jay M. Levy committed sales solicitation fraud in violation of the Commodity Exchange Act and its regulations by misrepresenting risks and potential profits to customers.
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The court held that the plaintiffs failed to demonstrate a substantial likelihood of success on the merits, thus denying their motion for a preliminary injunction and summary judgment.
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The Court granted the Town's motion for summary judgment and denied the Nagys' motion, holding that the floating dock constituted a "structure" requiring a building permit and violated existing dock specifications, thus precluding a legal nonconforming use defense. Furthermore, t
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Appellant's conviction for indirect criminal contempt is affirmed because he failed to demonstrate the injunction order was impossible to obey, but his sentence is reversed because the trial court failed to permit mitigation evidence as required by Florida Rule of Criminal Proced
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Frengut appealed a judgment dismissing claims against multiple defendants based on the two dismissal rule and failure to state a cause of action. The court affirmed in part and reversed in part, holding that Martin and Law Firm were never parties to the earlier Broward case, so t
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The court rejected the magistrate's recommendation, denied the plaintiff's complaint for declaratory judgment and motion for preliminary injunction, and dismissed the action.
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927 So. 2d 1003·
Fla. 4th DCA·
2006-04-12
Cynthia Schwartz, charged with trafficking in cocaine, agreed to submit to a polygraph test as part of a substantial assistance plea arrangement. After failing the test, she filed a civil suit seeking to enjoin the state from using the results against her in the criminal action.
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927 So. 2d 34·
Fla. 1st DCA·
2006-03-29
Liberty Behavioral Health Corporation challenged the Department of Children and Families' (DCF) Request for Proposals (RFP) specifications for a civil commitment facility for sexually violent predators, arguing that the 1% protest bond requirement was unconstitutional and that it
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Robinson appeals a final judgment of injunction for domestic violence protection entered against her at a hearing she did not attend, claiming she never received notice. The court reverses and remands for an evidentiary hearing on her lack-of-notice claim, finding the trial court
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918 So. 2d 422·
Fla. 2d DCA·
2006-01-20
Judy Hoffman appealed the trial court's denial of her motion to dismiss an injunction for protection against repeat violence entered in 2001 and extended in 2002. Hoffman claimed she was a disabled adult victimized by fraud and misconduct by the petitioner and sought to challenge
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The court held that the defendants did not waive their right to remove the case to federal court by participating in the state appellate process regarding a preliminary injunction.
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Rosemarie Spano appealed an interim temporary injunction order from the domestic violence division that suspended her visitation rights with her minor daughter. The Florida District Court of Appeal dismissed the appeal as non-appealable but acknowledged that an administrative ord
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The court held that the trial court abused its discretion by imposing a new child visitation scheme without considering input from the family therapist.
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The court held that plaintiffs have shown a substantial likelihood of success on the merits regarding the Clean Water Act claims, finding the Corps likely issued a general permit that fails to comply with statutory requirements for similarity of activities and minimal environment
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The court held that the plaintiff demonstrated a substantial likelihood of success on the merits and a substantial threat of irreparable injury, thus granting a preliminary injunction against the defendants' sale of the radio station assets.
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The Florida District Court of Appeal reversed a domestic violence injunction and custody order because the trial court granted six-month relief without conducting a full evidentiary hearing, violating statutory requirements for domestic violence protection orders.
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The Court granted a preliminary injunction to maintain the status quo pending arbitration, finding that the plaintiff demonstrated a reasonable probability of success on the merits, the likelihood of irreparable harm, and that the balance of equities favored the injunction. The i
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378 F. Supp. 2d 1365·
S.D. Fla.·
2005-06-03
The federal district court lacked subject matter jurisdiction to review the state court's final judgment on alimony enforcement, and thus remanded the case to state court.
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The Florida Supreme Court adopted amendments to the Florida Family Law Rules of Procedure to implement 2004 legislation expanding causes of action for injunctions to include dating violence and sexual violence, amending the fee schedule for court-ordered mediation services, and r