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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811 So. 2d 861·
Fla. 5th DCA·
2002-03-28
Keith Stanley appeals from an injunction prohibiting him from visiting his son's day care center and an order awarding monetary relief to his wife. The court affirmed, holding that Stanley waived his challenge to the injunction by agreeing to it in the trial court.
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The court held that converting a hearing on a motion to quash an injunction into a full evidentiary hearing for permanent injunctive relief without proper notice violated the appellant's due process rights.
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Johnny Frank Jordan appeals his convictions for aggravated stalking and trespass following a domestic violence incident with his ex-girlfriend. The Florida appellate court affirms both convictions, holding that the evidence was legally sufficient to support the jury verdict under
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The court denied the union's motion for emergency injunctive relief, finding they failed to establish irreparable injury or that the threatened injury outweighed the harm to the USPS.
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892 F. Supp. 676·
S.D. Fla.·
2001-09-20
The court held that the arbitration provisions of the agreement, incorporating AAA rules, grant arbitrators the authority to decide arbitrability, including the anticipatory breach claim.
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Air Ambulance Professionals challenges a trial court order disbursing funds from a trust account established at the beginning of litigation. The appellate court affirms the disbursal, finding that Air Ambulance waived objections to the trust account requirement and failed to time
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Orange County enacted temporary and permanent ordinances restricting rave clubs' operating hours. When the nightclub operator was criminally charged with violating the ordinance, the federal district court invoked the Younger abstention doctrine and declined to hear the plaintiff
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The court held that the developer's submission and approval of development plans, which included utility easements, constituted a sufficient 'dedication' under the Cable Act to grant a cable company access, even before formal plat recordation.
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The Court of Chancery denied the plaintiff's motion for a preliminary injunction, finding that the plaintiff had not demonstrated a reasonable probability of success on the merits of his claims regarding disclosure violations or coercion in a tender offer by a controlling shareho
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The court granted a preliminary injunction, not on the grounds of substantive unfairness, but because the proxy statement contained material disclosure deficiencies. Specifically, the court found the proxy statement misleading for failing to clarify the valuation methods used for
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784 So. 2d 1206·
Fla. 2d DCA·
2001-04-11
The court held that the claimant was terminated by his employer due to a court order, not voluntarily resigned, and thus was entitled to unemployment benefits.
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The court held that the plaintiffs failed to demonstrate a substantial likelihood of success on the merits, primarily due to lack of standing and ripeness, and that the Navy's interpretation of the study 'initiation' date was permissible.
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The court held that the School Board is enjoined from preventing the Boy Scouts from using public school facilities and buses due to their membership policy.
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The court held that the former wife is entitled to a stay of the order requiring substance abuse testing and treatment pending appeal.
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779 So. 2d 649·
Fla. 1st DCA·
2001-03-14
The appellate court affirmed the trial court's order awarding custody of a minor child to the father, while acknowledging the grandparents' affection and suggesting the father consider future visitation.
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131 F. Supp. 2d 1329·
M.D. Fla.·
2001-02-12
The court held that limiting shift differentials to forty hours per week violates the Fair Labor Standards Act's overtime provisions, as shift differentials must be included in the regular rate for overtime calculations.
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826 So. 2d 1009·
Fla. 3d DCA·
2001-01-31
Miami-Dade County appealed a trial court order dismissing its duty-to-defend allegations against insurance companies in a breach of contract and environmental remediation suit. The appellate court dismissed the appeal as non-appealable because the order was not a final judgment a
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The court held that while the temporary injunction was properly granted, the trial court erred by setting the bond amount without an evidentiary hearing to allow parties to present evidence on costs and damages.
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The court held that the plaintiffs demonstrated a substantial likelihood of success on the merits and a substantial threat of irreparable injury, warranting a preliminary injunction against warrantless searches based on a lease provision.
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The Florida Supreme Court reviewed and approved proposed amendments to the Florida Family Law Rules of Procedure submitted by the Family Law Rules Committee in its quadrennial report. The Court rejected certain proposals it found problematic while approving others with modificati
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A husband in a dissolution of marriage action sought a writ of certiorari to challenge the trial court's order rescheduling a domestic violence injunction extension hearing from September 8 to September 15, 2000. The court dismissed the petition, holding that the husband failed t
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767 So. 2d 582·
Fla. 5th DCA·
2000-09-08
Gregg Vanaman appealed a partial summary judgment finding him liable for tortious interference with business relationships. The Florida appellate court dismissed the appeal sua sponte, holding that the order was not appealable as an interlocutory order because it did not determin
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West Coast-Southern Medical Service appealed the dismissal of its petition challenging a contract award by the Sarasota County Public Hospital Board to the Fire Department for critical care ambulance services. The court reversed, holding that the trial court abused its discretion
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Jennifer Cuikska appealed a trial court's denial of her petition for an injunction for protection against domestic violence. The appellate court affirmed the denial, holding that the allegations did not demonstrate an immediate and present danger of domestic violence as required
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The Department of Health, Children's Medical Services appealed a permanent injunction prohibiting it from obtaining a developmental evaluation of a dependent child whose custody was being transferred to the mother. The court affirmed the injunction, holding that the trial court p
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Barber appeals the trial court's denial of his post-judgment motion for attorney's fees on remand, arguing the court erred in finding it lacked jurisdiction. The appellate court agrees and reverses, holding that trial courts retain jurisdiction to award prevailing party attorney'
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The Court granted plaintiffs' motion for a preliminary injunction, finding a strong probability of success on the merits, irreparable harm, and a favorable balance of equities. The Court determined that the management and shared services agreements between Seaman Furniture Compan
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764 So. 2d 691·
Fla. 1st DCA·
2000-06-08
Harden & Associates appealed a trial court judgment finding that former employee Michael Hall did not breach anti-solicitation provisions in his employment agreement. The court affirmed, holding that the contractual prohibitions required proof of Hall's proactive solicitation or
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757 So. 2d 1290·
Fla. 4th DCA·
2000-05-31
The court held that the plaintiff was not entitled to an injunction under either the repealed or current statute governing noncompetition agreements.
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In a post-dissolution dispute, the trial court granted a temporary injunction freezing assets of Fred Steven Ginsberg and his girlfriend Fredlyn Schechtman based on Carla Sontag's claim that Ginsberg owed money under a 1987 Property Settlement Agreement. The appellate court rever
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The court held that the trial court erred by entering a mutual restraining order without proper allegations and by failing to provide an opportunity to be heard on the domestic violence injunction.
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The court held that the newspaper publishers have standing and that neither the Rooker-Feldman doctrine nor Younger abstention bars their First Amendment claims in federal court.
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A Florida appellate court reversed a trial court's order requiring a father to deposit child support payments into a trust account instead of paying them directly, finding this violated the statutory requirement that child support obligations remain independent of visitation righ
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A temporary injunction order must specify the reasons for its entry and support each of the four necessary conclusions with clear, definite, and unequivocally sufficient factual findings. The order must also require a bond unless specific exceptions apply.
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752 So. 2d 1225·
Fla. 4th DCA·
2000-02-16
The court held that the trial court did not err in granting a temporary injunction without notice or a bond, and in denying the motion to dissolve it.
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750 So. 2d 757·
Fla. 2d DCA·
2000-02-04
The appellate court reversed a trial court's order granting temporary alimony and a temporary injunction because the payor spouse was not given an adequate opportunity to present evidence. The court emphasized the importance of due process in such financial determinations.
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746 So. 2d 1198·
Fla. 4th DCA·
1999-12-15
Baldwin Sod Farms appeals an eviction order, arguing the circuit court lacked subject matter jurisdiction, wrongfully denied its jury trial demand, and failed to properly serve notice under the lease terms. The court affirmed jurisdiction but reversed on the jury trial issue, hol
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Florida appellate court vacated an order dismissing a party from litigation entered ex parte after the case was submitted to the trial judge and an injunction was pending appeal, holding that Rule 1.250(b) does not permit dismissal without court order once a case is submitted for
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In this family law appeal, the Former Husband challenges the trial court's delay in issuing a final dissolution judgment and its award of primary residential custody to the Former Wife. The appellate court affirms the custody determination but remands to strike three unsupported
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Dr. Lotenfoe appeals a temporary injunction prohibiting him from competing with his former employer Dr. Pahk within Highlands County for five years. The court reversed the injunction, holding that Pahk failed to prove direct solicitation of existing patients, which is necessary t
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745 So. 2d 530·
Fla. 1st DCA·
1999-12-08
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Globe Data Systems appealed the denial of a temporary injunction to enforce a non-competition agreement against former employee Richard Johnson, who began working for Globe's competitor shortly after resigning. The Fifth District Court of Appeal reversed, holding that Johnson's d
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Florida appellate court reversed a temporary injunction and receivership order freezing a trucking company's assets, holding that the plaintiff failed to demonstrate irreparable harm and inadequate remedy at law required for such extraordinary relief.
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The court affirmed the denial of a motion to dissolve a temporary injunction protecting a church pastor, holding that appellants waived their bond requirement argument by failing to raise it at the time of the injunction's initial issuance in 1997.
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743 So. 2d 1210·
Fla. 4th DCA·
1999-11-10
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744 So. 2d 1191·
Fla. 2d DCA·
1999-11-03
Medico Environmental Services Corp. appealed a summary judgment order that invalidated shareholder meeting resolutions. The Florida District Court of Appeal reversed, finding that the trial court improperly interpreted a Stock Restriction and Noncompete Agreement and that summary
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743 So. 2d 618·
Fla. 1st DCA·
1999-10-20
The court held that the petitioner has an adequate legal remedy by intervening in the trial court to seek modification of the injunction, thus the petition for writ of certiorari or prohibition is denied.
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Barbara Meyers challenges an order requiring her to post a bond in an interpleader action involving a disputed $300,000 annuity account left to Laurent Chartrand by Meyers' deceased father. The court reverses, holding that no bond is required in an interpleader action to prevent