Injunction

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

• Musgrove v. Sch. BD. of Brevard Cnty.
  608 F. Supp. 2d 1303· M.D. Fla.· 2005-05-18 ·via Preliminary Injunction
  The court denied the motion for a temporary restraining order because the public interest, weighed against the plaintiffs' delay in filing, outweighed the other factors favoring injunctive relief.
• Karman v. Bd. of Adjustment of Sussex Cnty. & Chartan
  Del. Super. Ct.· 2005-04-26
  The court denied the motion to reopen, finding that the petitioner failed to demonstrate excusable neglect or extraordinary circumstances under Rule 60(b)(1) or (6). The court emphasized that the petitioner's delay in filing the motion was unreasonable and that the actions of her
• Maschino v. Val-Pak Direct Mktg. Sys., Inc.
  902 So. 2d 196· Fla. 2d DCA· 2005-04-08 ·via Temporary Injunction
  The court held that the trial court erred in granting a temporary injunction compelling arbitration because it lacked personal jurisdiction over the defendants and the defendants had already submitted to the dispute resolution procedures.
• M.L. v. J.H.P. and B.N.P.
  896 So. 2d 959· Fla. 1st DCA· 2005-03-29
• Spencer D. LEE, M.D. v. Mark A. Pinsky, M.D., P.A.
  895 So. 2d 1187· Fla. 4th DCA· 2005-02-23 ·via Temporary Injunction
  An employee challenged a temporary injunction enforcing a non-compete clause, arguing the employer materially breached the employment contract by refusing to pay for services rendered. The appellate court agreed, finding substantial evidence of breach and reversed the injunction.
• IN & FOR NEW Castle Cnty. Richard J. Korn & Andrew DAL Nogare v. NEW Castle Cnty.
  Del. Ch.· 2005-02-10 ·via Permanent Injunction
  The Delaware Court of Chancery held that New Castle County exceeded its statutory authority by accumulating unauthorized reserves and that the County must adhere to its own ordinance limiting reserve funds to 20 percent of the total estimated revenue for each fund. The court gran
• Byker v. Stanchina
  892 So. 2d 1167· Fla. 5th DCA· 2005-02-04
  David Byker appealed an order denying his motion to compel the transfer of funds from an account held by Warren Stanchina and his wife, alleging fraudulent transfers under Florida law. The court dismissed the appeal as moot because Byker and Stanchina settled their dispute, rende
• Eicoff v. Denson
  896 So. 2d 795· Fla. 5th DCA· 2005-02-04
  The Eicoffs appealed a final judgment enforcing restrictive covenants and deed restrictions on their property and awarding attorney's fees to neighboring property owners Denson and McClellan. The court affirmed the enforcement of the restrictions but reversed and remanded the att
• In & for New Castle Cnty. Little Switzerland, Inc.
  Del. Ch.· 2005-01-24
  The Delaware Court of Chancery held that the one-year statute of limitations for employment-related claims, 10 Del. C. § 8111, applied to the defendant's claim for a "Change In Control Bonus." The court found that the bonus constituted "other benefits arising from" work performed
• Snowden v. Town of Bay Harbor Islands
  358 F. Supp. 2d 1178· S.D. Fla.· 2004-12-15 ·via Preliminary Injunction
  The court found that the plaintiff's requested displays constituted protected private religious speech, and the analysis would proceed based on the forum classification of the relevant government property.
• Gagnard v. Sticht
  886 So. 2d 321· Fla. 4th DCA· 2004-11-10
  The court held that Gagnard's threats, while uncivil, did not constitute legal 'violence' as defined by statute because there was no evidence of overt acts demonstrating an apparent ability to carry out the threats or creating a well-founded fear of imminent violence.
• Saliva v. Nolin
  884 So. 2d 1075· Fla. 2d DCA· 2004-10-15 ·via Injunction For Protection
  The appeal is moot because the ex parte temporary injunction for protection has expired.
• Michele Pommier Models, Inc. v. Diel
  886 So. 2d 993· Fla. 3d DCA· 2004-10-13 ·via Permanent Injunction
  Wilhelmina Models appealed the dismissal of its count seeking preliminary injunctive relief against Michele Pommier Diel for alleged violations of a non-compete agreement. The court affirmed the dismissal of the preliminary injunction count because Wilhelmina filed suit one week
• IN & FOR Sussex Cnty. Ellen B. Lynch v. C.A. No. 2266-S THE City OF Rehoboth Beach
  Del. Ch.· 2004-10-08
  The court affirmed the city's rezoning decision, finding that the plaintiffs did not demonstrate a violation of due process and that the commissioners' actions were not arbitrary or capricious. The court denied the plaintiffs' motion for summary judgment and granted the city's mo
• Godot, S.A. v. Wendy's Int'l, Inc.
  335 F. Supp. 2d 1325· S.D. Fla.· 2004-08-24
  The court held that the termination of the master lease rendered the sub-concession agreement void, thus the defendant did not breach its guaranty agreement, and that the assignment of the sub-concession agreement also assigned the guaranty.
• Martin Mem'l Med. Ctr., Inc. v. Tenet Healthsystem Hosps., Inc.
  875 So. 2d 797· Fla. 1st DCA· 2004-06-29
  Martin Memorial and other hospitals challenged a trial court judgment declaring Florida's Chapter 2003-289 unconstitutional as a special/local law. The statute granted certificate of need exemptions for open-heart surgery programs exclusively to hospitals in five specified counti
• Cont'l Aviation Servs., Inc. v. City OF Naples Airport Auth.
  873 So. 2d 567· Fla. 2d DCA· 2004-05-26 ·via Permanent Injunction
  The court held that the NAA's resolution was not an invalid zoning ordinance under state law and could not be overcome by the terms of the lease or fuel permit.
• Manatee Cnty. v. J. Richard Kaiser Enters., Inc.
  874 So. 2d 38· Fla. 2d DCA· 2004-05-07
  Manatee County appealed a trial court's dismissal of a contempt order against OuterLimits nightclub for alleged violations of an injunction designed to control noise and disorderly conduct. The appellate court affirmed the decision not to find contempt but reversed because the tr
• Graves v. State
  872 So. 2d 298· Fla. 2d DCA· 2004-04-14 ·via Domestic Violence Injunction
  The court held that the evidence was sufficient to find the appellant in contempt for violating a domestic violence injunction, despite clerical errors in the written orders.
• IN & FOR NEW Castle Cnty. IN RE THE Mony Grp. Inc. S'holder Litig. C.A. No. 20554
  Del. Ch.· 2004-04-09 ·via Preliminary Injunction
  The court denied plaintiffs' motion for a preliminary injunction, finding that the defendant directors acted within their fiduciary duties by postponing the stockholder meeting and setting a new record date. The court held that old proxies remain valid for the rescheduled meeting
• Titus v. Skills
  868 So. 2d 686· Fla. 5th DCA· 2004-04-02
  Florida appellate court quashed a temporary injunction because the trial court failed to make the requisite factual findings supporting the four preliminary injunction criteria.
• Pierce v. Damaris Tello
  868 So. 2d 1253· Fla. 4th DCA· 2004-03-24 ·via Petition For Injunction
  Robert Pierce appealed a custody order requiring supervised visitation of his daughter, based on the trial judge's reliance on an ex parte drug test report to suspend his contact with the child. The Florida District Court of Appeal reversed, holding that the judge violated due pr
• Del. Opinion 44250
  Del. Ch.· 2004-02-12 ·via Permanent Injunction
  The court denied the defendants' motion for a permanent injunction to enjoin the resumption of arbitration. The court found that the Supreme Court's prior ruling permitted claim-splitting, allowing plaintiffs to pursue fiduciary duty claims in court and contract claims in arbitra
• Milin v. Nw. Fla. Land, L.C.
  870 So. 2d 135· Fla. 1st DCA· 2003-12-31 ·via Preliminary Injunction
  Appellants challenged a trial court's temporary injunction order affecting disputed property. The appellate court reversed because the trial court failed to address the four required criteria for issuing a preliminary injunction and provided insufficient factual findings to suppo
• Koziara v. City of Casselberry
  347 F. Supp. 2d 1223· M.D. Fla.· 2003-12-03 ·via Permanent Injunction
  The court held that the plaintiff lacked standing to challenge the city's adult entertainment code provisions, as her claims did not meet the requirements for overbreadth, prior restraint, or third-party standing, and thus the court lacked subject-matter jurisdiction.
• In & for New Castle Cnty. Bertucci's Rest. Corp.
  Del. Ch.· 2003-11-21 ·via Preliminary Injunction
  The court denied the plaintiff's motion for a preliminary injunction, finding that the plaintiff had not made a good faith effort to complete the permitting process. Specifically, the owner had not requested the necessary final inspections or paid outstanding sewer charges, which
• Byford v. Stephens
  299 F. Supp. 2d 1253· S.D. Fla.· 2003-11-07 ·via Domestic Violence Injunction
  The court held that Officer Stephens was entitled to qualified immunity because he had arguable probable cause to arrest the plaintiff for falsely reporting a crime, and even if he lacked arguable probable cause, the law was not clearly established that his actions were unlawful.
• City of Wilmington v. Wilmington FOP Lodge #1
  Del. Ch.· 2003-10-29 ·via Permanent Injunction
  The court held that arbitration under a collective bargaining agreement cannot be compelled after the agreement's expiration when the facts giving rise to the dispute occurred after expiration, absent specific exceptions. The City of Wilmington was granted a permanent injunction
• Shulmister v. Larkins
  856 So. 2d 1149· Fla. 4th DCA· 2003-10-29
  The Fourth District Court of Appeal reversed a trial court's injunction blocking implementation of a Pompano Beach charter amendment proposed by initiative petition, holding that the city charter's single-subject rule for ordinances and resolutions does not apply to amendments pr
• Godfrey-Aurand v. Ewart Clyde Godfrey
  855 So. 2d 1278· Fla. 3d DCA· 2003-10-15
  Godfrey-Aurand appeals a temporary injunction removing her as trustee of a trust holding income-producing properties and appointing a successor interim trustee. The Florida appellate court affirmed the injunction, finding no due process violation and upholding the trial court's d
• Peterman v. Nute Carl Meeker, Jr.
  855 So. 2d 690· Fla. 2d DCA· 2003-10-03 ·via Domestic Violence Injunction
  John Peterman appealed a domestic violence protection injunction granted against him by Nute Meeker in a same-sex relationship. The court held that Florida's domestic violence statute protects same-sex couples who reside together as family members, rejecting the argument that suc
• Air Turbine Tech., Inc. v. Atlas Copco AB
  124 F. Supp. 695· S.D. Fla.· 2003-09-03
• Price v. City OF Boynton Beach
  847 So. 2d 1051· Fla. 4th DCA· 2003-05-28
  Price challenges a trial court's issuance of a temporary injunction for protection against repeat violence, arguing the court improperly admitted hearsay evidence, including psychiatrist deposition testimony from an unrelated workers' compensation case and statements by a mediato
• Rangwal Eloy Spindler v. Mayol
  849 So. 2d 1102· Fla. 3d DCA· 2003-05-28 ·via Injunction Bond
  In this divorce appeal, the Florida Third District Court of Appeal addressed whether a trial court had personal jurisdiction over a husband who absconded to Brazil with the parties' child. The court held that while service of process was defective, the judgment dissolving the mar
• Gaspard v. State
  845 So. 2d 986· Fla. 1st DCA· 2003-05-23 ·via Domestic Violence Injunction
• Four Seasons Hotels & Resorts B v. v. Consorcio Barr, S.A.
  267 F. Supp. 2d 1268· S.D. Fla.· 2003-05-09
  The court held that the defendant's actions in forcibly accessing and copying confidential data from the plaintiff's servers constituted a violation of the license agreement and potentially other claims, warranting further proceedings.
• Innomed Techs., Inc. v. Worldwide Med. Techs., Inc.
  267 F. Supp. 2d 1171· M.D. Fla.· 2003-03-14 ·via Preliminary Injunction
  The court denied the motion for expedited discovery because it previously determined it lacked personal jurisdiction over the defendants, and a court without jurisdiction cannot compel discovery.
• Galaxy Fireworks, Inc. v. City OF Orlando
  842 So. 2d 160· Fla. 5th DCA· 2003-02-28
  Galaxy Fireworks sought to enjoin Orlando from enforcing its Fire Code against Galaxy's proposed fireworks retail store. The court affirmed summary judgment for the City, holding that Galaxy failed to exhaust administrative remedies and that the Fire Code was validly adopted as a
• Southchase Parcel 45 Cmty. Ass'n, Inc. v. Garcia
  844 So. 2d 650· Fla. 5th DCA· 2003-02-14 ·via Temporary Injunction
  A community association appeals denial of a temporary injunction seeking to reinstate a recalled board of directors. The court affirmed, finding the association was equitably estopped from challenging the validity of a recall election after having settled a prior lawsuit by agree
• Brennan Landinguin and Amy Landinguin v. Jacquelyn Carneal and Blane Carneal
  837 So. 2d 525· Fla. 4th DCA· 2003-02-06 ·via Ex Parte Injunction
  Parents appealed an order granting their child's grandparents temporary custody and a pick-up order. The court reversed, holding that the grandparents failed to allege sufficient facts establishing the parents' unfitness under Florida law and failed to satisfy the statutory crite
• Berger v. Riverwind Parking, LLP
  836 So. 2d 1073· Fla. 5th DCA· 2003-01-31
  The appellate court granted certiorari to review a discovery order issued after a final judgment and while an appeal was pending. The court held that discovery is generally limited to pending actions and cannot be conducted after a final judgment unless for specific post-judgment
• Amendments to the Fla. Supreme Court Approved Fam. Law Forms-Uccja Forms
  836 So. 2d 1019· Fla.· 2002-12-19 ·via Domestic Violence Injunction
  The court is amending Florida Supreme Court Approved Family Law Forms to reflect the enactment of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and the repeal of the Uniform Child Custody Jurisdiction Act (UCCJA).
• Bacardi U.S.A, Inc. v. Gallo Wine Distribs., LLC
  829 So. 2d 963· Fla. 3d DCA· 2002-10-30 ·via Temporary Injunction
  Bacardi U.S.A. and MHW, Ltd. appealed a temporary injunction that mandatorily enforced an alleged oral agreement concerning New York State liquor distribution rights. The court reversed, holding that the purported contract was too indefinite to enforce, contrary to New York law,
• Sakura Japanese Steakhouse Inc. v. LIN YAN, Inc.
  827 So. 2d 1105· Fla. 2d DCA· 2002-10-16 ·via Temporary Injunction
  The court held that the trial court erred by denying a request for a temporary injunction without conducting a proper evidentiary hearing.
• Amendments to the Fla. Supreme Court Approved Fam. Law Forms-Domestic Violence Forms
  830 So. 2d 72· Fla.· 2002-10-03 ·via Domestic Violence Injunction
  The Florida Supreme Court amended six family law forms related to domestic violence injunctions to eliminate references to filing fees, consistent with 2002 legislative amendments to Florida Statutes sections 741.30 and 741.2902 that prohibited filing fees in domestic violence ac
• I.C. Sys., Inc. v. Oliff
  824 So. 2d 286· Fla. 4th DCA· 2002-08-21 ·via Temporary Injunction
  The court held that the trial court erred in denying a motion for temporary injunction based on procedural misinterpretations and an incorrect assessment of the adequacy of legal remedies.
• IDS Long Distance, Inc. v. Heiffer
  819 So. 2d 949· Fla. 4th DCA· 2002-06-26 ·via Overbroad Injunction
  The court held that while the initial ex parte request for an injunction was improper, the subsequent motion to dissolve rendered the notice issue moot. However, the injunction was correctly dissolved because it was overbroad.
• Marion Cnty. v. Dep't OF Cmty. Affairs
  817 So. 2d 1062· Fla. 5th DCA· 2002-06-07
  Marion County appealed a summary judgment invalidating its ordinance prohibiting manufactured housing in R-1 zoned subdivisions. The court affirmed, holding that the ordinance violated Florida Statute § 553.38, which prohibits local governments from distinguishing between manufac
• Brooks v. ST. John's Motor Sales, Inc.
  814 So. 2d 1237· Fla. 5th DCA· 2002-05-03 ·via Permanent Injunction
  Brooks, a minority shareholder and manager of a Toyota dealership, sought injunctive relief under Florida's Automotive Dealer's Day In Court Act after being terminated. The court affirmed the denial of injunctive relief, holding that Brooks was not a "motor vehicle dealer" under
• Agency FOR Health Care Admin. v. Nathan M. Hameroff, M.D.
  816 So. 2d 1145· Fla. 1st DCA· 2002-04-26
  Healthcare providers challenged the constitutionality of a hospital assessment funding program (PMATF) that extended to non-hospital providers who could not receive benefits from the fund. The trial court found the assessment violated due process and equal protection, but the app