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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738 So. 2d 1032·
Fla. 3d DCA·
1999-08-31
The court held that the trial court erred in entering a temporary injunction based on an unverified petition and without a bond.
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The court held that the homeowners association failed to demonstrate that the property owner was required to obtain board approval for her fence construction under the applicable deed restrictions.
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State law claims related to an employee welfare benefit plan are preempted by ERISA if the plan qualifies as an ERISA plan.
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The court reversed the trial court's denial of a temporary injunction, holding that the City of Casselberry's ordinance permitting regulated nudity in adult entertainment establishments prevails over Seminole County's prohibition under the Home Rule Charter's conflict provision.
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The court held that the trial court correctly dissolved the temporary injunction because the city lacked jurisdiction over the road on the relevant date.
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734 So. 2d 1147·
Fla. 5th DCA·
1999-05-28
The Department of Community Affairs appealed the denial of its motion for a temporary injunction against Marion County's moratorium on manufactured building permits in the R-1 zoning district. The court affirmed the denial, holding that the trial court did not abuse its discretio
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743 So. 2d 1115·
Fla. 5th DCA·
1999-05-28
The court held that the trial court erred in denying a motion to amend pleadings to address the scope of an easement, but correctly determined the easement was valid and not abandoned.
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732 So. 2d 1206·
Fla. 2d DCA·
1999-05-19
Grandchildren of a decedent challenge a probate court order approving a settlement agreement that reformed the decedent's irrevocable inter vivos trust and enjoined them from suing the trustee and insurance company. The appellate court reversed, finding no clear and convincing pr
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731 So. 2d 160·
Fla. 3d DCA·
1999-05-05
The court held that the release, which applied to only one of three contracts, was improperly applied to all three by the trial court.
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The court granted the plaintiff's motion to voluntarily dismiss the complaint without prejudice, subject to certain conditions.
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Appellate court affirmed finding of indirect civil contempt for willful violation of temporary injunction but vacated the $5,000 fine for lack of proper basis under the coercion or compensation standards.
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728 So. 2d 376·
Fla. 5th DCA·
1999-04-01
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The court held that Quantachrome's Ultrapycnometer 1000 literally infringes claim 27 of Micromeritics' '146 Patent, and that the patent is not anticipated by the prior art Stereopycnometer.
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The court held that the sale of non-addressable, fully descrambling cable television decoders, especially those with 'bullet-busting' capabilities and accompanied by a money-back guarantee, demonstrates intent to assist in unauthorized reception of cable services, thus violating
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722 So. 2d 268·
Fla. 2d DCA·
1998-12-18
The court held that the Noise Ordinance regulates conduct and is not a land development regulation subject to review by the City's local planning agency.
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CHS Financial Services and Carmie Snider appealed a judgment finding they violated a noncompetition agreement with Small Business Consultants by soliciting Century Bank regarding the Suntan Terrace Motel transaction. The court reversed, holding that because Century Bank approache
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A circuit court, sitting in its appellate capacity to review a license suspension, lacks the inherent power to order the Department of Highway Safety and Motor Vehicles to issue a hardship license.
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710 So. 2d 751·
Fla. 4th DCA·
1998-05-27
A former county judge appealed a circuit court order requiring him to vacate recusal orders he had issued against certain attorneys. The Florida appellate court reversed, holding that because the judge had resigned before the circuit court entered its order, he lacked authority t
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The court held that the Board of Deacons' vote to dismiss the pastor was the sole action required, and the subsequent membership vote did not invalidate the dismissal.
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The court denied the motion to dismiss as to defendants Walsh and Lord, finding the Eleventh Amendment did not bar the suit, and ordered further briefing on the Eleventh Amendment immunity for Pinellas County.
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The court denied defendants' motions, finding that plaintiffs' constitutional claims remained viable and that the preliminary injunction was not moot as to all class members, thus precluding summary judgment.
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Attorney Thomas Schwarz petitioned the Florida Supreme Court to enjoin The Florida Bar from participating in and supporting FLAME, a voluntary attorneys' association, claiming it violated lobbying restrictions. The Court denied the petition, holding that restrictions on ideologic
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The court held that the School Board's proposed plan to remedy gender-based disparities in athletic facilities was inadequate and potentially retaliatory, and issued a preliminary injunction imposing measures that did not require additional funding, pending resolution of related
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In a post-divorce custody dispute, the Fourth District Court of Appeal reversed in part an order denying a motion to dissolve a temporary injunction that prevented the mother from relocating to Texas, holding that the injunction was improperly entered based solely on unsworn docu
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The Association appeals a final judgment in favor of a homeowner regarding restrictive covenants requiring architectural approval for structures on lakefront lots, and this court reverses that judgment.
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108 F. Supp. 505·
S.D. Fla.·
1997-08-07
The City's building permit requirements cannot be enforced against a private contractor renovating a building leased by the United States Postal Service, due to the Supremacy Clause of the U.S. Constitution.
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699 So. 2d 252·
Fla. 3d DCA·
1997-07-30
CJ Restaurant Enterprises appealed an ex parte judgment of possession and injunction entered pursuant to a stipulation with FMS Management Systems. The court reversed, holding that FMS was estopped from obtaining the judgment without first providing notice of default, given FMS's
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Defendants are liable under the Sanctuaries Act for destroying seagrass and removing artifacts, and are ordered to pay for restoration and response costs, and return artifacts.
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695 So. 2d 1323·
Fla. 4th DCA·
1997-07-09
The court affirmed the order enjoining the appellant from pursuing a separate lawsuit in West Virginia concerning disability payments.
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The Moras and Moores sought a temporary injunction to stop Karr from violating deed restrictions on his property, but the trial court denied the motion. The appellate court affirmed, holding that the Moras had waived the restrictions and the Moores waited too long to seek relief.
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The court granted in part and denied in part the plaintiff's motion to enforce judgment, finding that while past noncompliance with court orders would be excused, future noncompliance would constitute contempt.
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977 F. Supp. 1169·
S.D. Fla.·
1997-04-10
The court held that the patents at issue are valid and infringed by the accused device, and that the infringement was willful.
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877 F. Supp. 546·
M.D. Fla.·
1997-04-09
The court held that the defendant was not entitled to attorneys' fees and costs because the plaintiffs' litigation was not frivolous, unreasonable, or without foundation.
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Playtime sought attorney's fees under Florida Statute 57.105 after obtaining a mandamus order requiring Brevard County to issue an adult entertainment license. The court affirmed the denial of attorney's fees, holding that the County's defenses were not frivolous because the tria
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687 So. 2d 881·
Fla. 2d DCA·
1997-01-24
Daniel Pesut, a former securities dealer, sought an injunction to compel the NASD to expunge allegedly defamatory U-5 forms from its records. The trial court dismissed the complaint against the NASD based on federal record retention requirements, but the appellate court reversed,
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The court granted a preliminary injunction, remanding the case to the accrediting agency for further findings because the agency's decision to withdraw accreditation was not supported by substantial evidence.
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Title insurance companies appealed an interlocutory order dissolving a temporary injunction, discharging a receiver, and transferring their action to Broward County. The appellate court reversed the transfer and dissolution of the injunction, finding the trial court abused its di
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679 So. 2d 1283·
Fla. 4th DCA·
1996-09-25
A recorded declaration restricting alienation of property can support a lis pendens, but the lis pendens must comply with statutory notice requirements and cannot extend to claims unrelated to the property or personal property not sufficiently linked to the lawsuit.
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The court held that the Miami Sports and Exhibition Authority (MSEA) unreasonably withheld its consent to the Panthers' license amendment, and therefore, granted the Panthers' motion for a preliminary injunction.
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The Florida Bar petitioned the Florida Supreme Court to amend Rule 10-7.1 to allow courts to order unlicensed practitioners to pay restitution and costs to complainants in civil injunctive relief cases. The Court declined the restitution amendment but approved provisions for taxi
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The court held that a financial institution is entitled to a preliminary injunction to prevent arbitration of claims against it, based on immunity under the Bank Secrecy Act and waiver of arbitration by the claimant's conduct.
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670 So. 2d 59·
Fla.·
1996-02-01
The court held that the respondent was in indirect criminal contempt for violating a prior injunction against the unlicensed practice of law, and imposed a sentence with a suspended portion.