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 respondent engaged in the unlicensed practice of law and permanently enjoined him from continuing such activities.
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685 So. 2d 843·
Fla. 2d DCA·
1995-09-27
Eckerd Drugs challenged a temporary injunction preventing it from operating a postal substation in a shopping center, arguing its lease predated and expressly contemplated such operation. The court reversed, holding that a later lessee's exclusivity clause cannot override an earl
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The court held that while an injunction against working for a competitor was properly denied, an injunction against soliciting customers was warranted.
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The court held that waiving the age eligibility rule for a disabled student athlete was a reasonable accommodation that did not fundamentally alter the nature of the program, thus granting a preliminary injunction.
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The court held that the time restrictions on soliciting and accepting judicial campaign contributions under Canon 7C(1) were unconstitutional as they unduly restricted First Amendment rights of speech and association without being narrowly tailored to the state's interest in prev
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The court denied the plaintiff's motion to substitute the Estate of Stacey Lynn Barker as the real party in interest.
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The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 because his allegations amounted to negligence, not deliberate indifference to his constitutional rights.
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656 So. 2d 193·
Fla. 1st DCA·
1995-05-12
Millender and Sons Seafood appeals the dismissal of its complaint against Brown Marine Service, alleging that Brown conspired with the Branches to settle a collision claim without protecting Millender's security interest in the damaged vessel. The appellate court reversed, findin
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651 So. 2d 177·
Fla. 1st DCA·
1995-02-21
Pensacola Advertising, Inc. (PAI) sought equitable estoppel to prevent enforcement of a county sign ordinance after relocating a sign based on an oral representation by a county employee that there was 'no problem' with the relocation. The court affirmed the denial of a permanent
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650 So. 2d 633·
Fla. 3d DCA·
1995-01-25
This appeal concerns whether Florida Statute section 255.071(4), enacted to provide remedies for subcontractors on government projects to recover unpaid amounts, applies retroactively to contracts entered into before the statute's effective date. The court held that the statute a
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This case involves a condominium owner who challenged a final judgment that awarded the condominium association injunctive relief and monetary damages. The appellate court reversed the judgment, finding that the owner was not properly charged with the number of violations for whi
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645 So. 2d 582·
Fla. 1st DCA·
1994-11-22
Panache on Park Avenue challenged a venue transfer from Clay County to St. Johns County in a trademark/unfair competition dispute. The First District Court of Appeal reversed, holding that advertising under a competitor's service name in the competitor's service area constitutes
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645 So. 2d 1053·
Fla. 4th DCA·
1994-11-16
A Florida appellate court reversed a trial court's denial of a temporary injunction, holding that a developer of a residential subdivision violated restrictive covenants by reducing the size of a designated recreation area without owner consent. The court determined that the cove
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Florida appealed the dismissal of an aggravated stalking charge against Johnson on double jeopardy grounds. The court affirmed the dismissal, holding that the aggravated stalking charge was a lesser-included offense of the criminal contempt charge for violating an injunction, bar
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640 So. 2d 177·
Fla. 1st DCA·
1994-07-29
This case involves a cemetery brokerage firm (BET) appealing the dismissal of its complaint against the Florida Department of Banking and Finance and others. BET sought to prevent a transfer of cemetery control to a competitor, alleging fraudulent practices and market control. Th
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Expelled members of the Fraternal Order of Eagles sought to enjoin enforcement of their expulsion. The court reversed the injunction, holding that courts will not interfere with fraternal organization disciplinary decisions absent a property interest, fraud, or bad faith.
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Chad sought a preliminary injunction to prevent Fort Lauderdale from enforcing Beach Rule 7.5(c), which prohibits soliciting, begging, and panhandling on the city's beach and adjacent sidewalk, claiming the rule violated his First Amendment rights. The court held that the beach a
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A court of equity may enjoin threatened criminal acts if grounds for an injunction otherwise exist, such as irreparable injury and inadequate legal remedy.
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Ocean Landings appeals a trial court's order on remand requiring it to deposit funds collected after contract cancellation into the court registry. The appellate court affirms, finding the trial court properly followed the appellate court's earlier dissolution of the original inj
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635 So. 2d 1049·
Fla. 4th DCA·
1994-04-27
Daily Management and Harborview Corporation challenged a trial court order disqualifying their law firm from representing them in a lawsuit by condominium associations. The appellate court held that disqualification of counsel is an extraordinary remedy requiring proof that the d
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637 So. 2d 929·
Fla. 4th DCA·
1994-04-06
The City of Hallandale appeals a judgment invalidating its occupational license ordinance as applied to newspaper vending machines (newsracks) on public property. The court held that the city's flat annual license tax of $10 per newsrack violates the First and Fourteenth Amendmen
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634 So. 2d 273·
Fla. 4th DCA·
1994-03-30
The court held that the association's discretion in approving exterior changes, like address numbers, is subject to a reasonableness standard when not explicitly mandated by the declaration. Therefore, summary judgment was inappropriate.
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1994 U.S. Dist. LEXIS 2857·
M.D. Fla.·
1994-03-08
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The court vacated the preliminary injunction because the plaintiff failed to establish a likelihood of prevailing on the merits and irreparable injury, and granted sanctions against the plaintiff and counsel for frivolous litigation.
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630 So. 2d 1227·
Fla. 4th DCA·
1994-01-26
In this construction contract dispute, the Edelbergs sought to prevent release of escrowed funds when they attempted to withdraw from a home purchase. The court reversed the trial court's summary judgment, holding that under Florida's escrow statute, an actual default—not merely
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631 So. 2d 1110·
Fla. 3d DCA·
1994-01-11
The court held that the trial court properly denied the appellant's motion to vacate the forfeiture judgment because the appellant failed to properly remove the action to federal court and did not timely seek to abate the forfeiture proceeding.
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629 So. 2d 244·
Fla. 3d DCA·
1993-12-14
Rafael Zur appeals the trial court's denial of his motion to dissolve a temporary injunction preventing the sale of a rare World War II fighter aircraft (F-4U Corsair). The appellate court affirmed the injunction, finding that the original owner Wirth satisfied all three requirem
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626 So. 2d 1330·
Fla.·
1993-09-30
The Florida Supreme Court upheld a 1989 legislative statute requiring the Department of Community Affairs to classify special taxing districts as either 'dependent' or 'independent,' which affects how their millage is calculated under the constitutional ten-mill cap on property t
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M.D. Fla.·
1993-09-24
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The court reversed a temporary injunction against a former employee for violating a non-competition clause because the enforceability of the contract was questionable due to the employee's minority when executed and unresolved ratification issues.
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161 B.R. 524·
M.D. Fla.·
1993-09-10
The court held that while the bankruptcy court had authority to enjoin the ICC's show cause order as it exceeded statutory authority, it abused its discretion by enjoining all future ICC proceedings.
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The court affirmed the Bankruptcy Court's judgment, finding the tax assessments violated specific bankruptcy code sections but were not voided.
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621 So. 2d 511·
Fla. 1st DCA·
1993-07-07
The Florida Department of Transportation appeals a circuit court's injunction staying an administrative delinquency proceeding against a contractor. The contractor argued that collateral estoppel from the administrative proceeding would infringe its constitutional right to a jury
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The court held that the bankruptcy judge's opinion, based on the confusion of assets doctrine in a civil proceeding, was insufficient evidence to support a criminal conviction for concealing property of the bankruptcy estate. However, there was sufficient evidence to sustain the
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620 So. 2d 232·
Fla. 2d DCA·
1993-06-16
James Waibel appeals a judgment requiring him to complete a surface water management system, restore wetlands, pay a fine, and reimburse the Southwest Florida Water Management District's attorney's fees and costs. The appellate court affirmed the injunction and fine but reversed
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The court held that the district court erred in finding Illinois's license revocation scheme unconstitutional on due process grounds and that the preliminary injunction was improperly granted.
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619 So. 2d 1039·
Fla. 5th DCA·
1993-06-11
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The dissenting judge would reverse the lower court's finding of mere negligence and find the accountant's actions constituted recklessness satisfying the scienter requirement for securities fraud.
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The court held that plaintiffs, as taxpayers, lacked standing to challenge the school districts' allowance of student-led invocations or benedictions at graduation ceremonies because they failed to establish a sufficient nexus between their taxpayer status and the alleged constit
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The court held that the asset-freeze provisions of the Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990 (TRA) can be applied to pending lawsuits to secure potential damage awards, and that freezing all of the defendants' assets was permissible due
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The court held that the district court abused its discretion by sealing the final order of permanent injunction and the transcript of proceedings without balancing the public's common law right of access against the interests favoring nondisclosure.
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The court affirmed the district court's judgment, holding that the calculation of lost profits and the denial of a permanent injunction were not erroneous.
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The court held that prosecution history estoppel barred the patentee from asserting infringement under the doctrine of equivalents for lateral memory modules because the 'single row' limitation was added to overcome prior art. The court also found that the patentee was estopped f
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A homeowners association appealed the denial of a mandatory injunction to enforce a deed restriction prohibiting "for sale" signs against homeowners who displayed a small sign in their window. The court affirmed, holding that while the restriction itself is not facially invalid,
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992 F.2d 187·
8th Cir.·
1993-05-03
The Eighth Circuit affirmed the district court's injunction, holding that a class member who received notice of a settlement and did not opt out is bound by the final judgment, which barred all claims related to specific investments.
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The court held that the district court abused its discretion by failing to apply the four criteria for preliminary injunctions and by not issuing its own findings of fact and conclusions of law.
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992 F.2d 55·
4th Cir.·
1993-04-26
A binding contract was not formed because Days Inns expressly reserved the right not to be bound until it executed and delivered a franchise agreement, which it never did.
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992 F.2d 601·
6th Cir.·
1993-04-22
The court held that the district court did not abuse its discretion in denying discovery and appointment of counsel, but erred in granting summary judgment on claims related to two specific letters, as a genuine issue of material fact existed regarding arbitrary or capricious con
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The court held that the district court's findings regarding animus and intent to inhibit rights under 42 U.S.C. § 1985(3) require reappraisal in light of the Supreme Court's decision in Bray v. Alexandria Women's Health Clinic, and thus vacated the permanent injunction and remand
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The court held that the district court erred by failing to require security for the preliminary injunction and by failing to hold an evidentiary hearing as required by the Norris-La Guardia Act.