5,622 Florida cases classified under this topic, plus 6,126 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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805 So. 2d 868·
Fla. 2d DCA·
2001-09-14
·cited 14×
The court held that the trial court erred by granting an ex parte injunction without satisfying the requirements of Florida Rule of Civil Procedure 1.610 regarding notice and findings of irreparable harm.
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749 So. 2d 1290·
Fla. 3d DCA·
2000-02-24
·cited 14×
The Florida High School Activities Association appealed a temporary injunction granted to The Berkshire School and four student-athletes who sought to compete in state basketball tournaments despite an FHSAA sanction for recruiting violations. The court reversed the injunction, h
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The Florida Department of Environmental Protection and Marine Fisheries Commission appealed a preliminary injunction prohibiting enforcement of net restrictions against commercial fishermen, triggering an automatic stay under appellate rules. The appellate court reinstated the au
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Dr. King sought a temporary injunction to enforce a covenant not to compete against his former employee Dr. Jessup, who opened a competing medical practice nearby. The trial court denied the injunction, and the appellate court affirmed, holding that Dr. King failed to demonstrate
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The court held that the trial court properly denied the motion to dissolve the temporary injunction.
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660 So. 2d 1122·
Fla. 5th DCA·
1995-09-01
·cited 14×
Lennar sought certiorari review to dissolve a notice of lis pendens filed by First Family Bank relating to a Lake County property. The court held that First Family failed to demonstrate a sufficient nexus between its breach of contract claims regarding a loan participation agreem
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643 So. 2d 112·
Fla. 4th DCA·
1994-10-07
·cited 14×
Martin, a Palm Beach County resident, sought to enjoin the Town of Palm Beach from constructing a new fire station on property originally conveyed in 1948 for public recreational use only. The Fourth District affirmed the trial court's denial of injunctive relief, holding that th
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Miller and Rand appeal a trial court's denial of their third motion to dissolve a preliminary injunction governing fee allocation from clients who followed them when they left their law firm. The appellate court affirms, finding that appellants had earlier opportunities to raise
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620 So. 2d 229·
Fla. 2d DCA·
1993-06-16
·cited 14×
The County of Pasco appealed a trial court order permanently enjoining enforcement of a dangerous dog classification under Florida Statute 767.12, arguing the statute was constitutional. The appellate court affirmed, holding that section 767.12 violates procedural due process bec
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Chandra sought enforcement of noncompetition agreements against two former employees who resigned after only five to six months of employment. The trial court denied the preliminary injunction based on a 1990 statutory amendment requiring proof of irreparable injury and reasonabl
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A franchisor's right to terminate a franchise agreement for non-payment of royalties is independent of any claims the franchisee may have against the franchisor for breach of contract, and post-termination unauthorized use of the trademark constitutes infringement.
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584 So. 2d 125·
Fla. 4th DCA·
1991-08-07
·cited 14×
Former husband appeals a non-final order granting former wife's temporary injunction petition filed under Florida Rule of Civil Procedure 1.610 to restrict his child visitation rights based on fear of domestic violence. The court affirms, holding that while section 741.30 of the
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The court held that the National Labor Relations Act preempts a state-mandated labor agreement requirement for public construction projects, as it interferes with the collective bargaining process and the free play of economic forces intended by the Act.
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The court held that the district court erred by failing to make findings of fact and conclusions of law when denying a preliminary injunction, and vacated the order for remand.
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The court held that the district court properly exercised personal jurisdiction over the defendant and did not abuse its discretion in granting a preliminary injunction, setting the bond amount, or denying a motion to transfer venue.
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560 So. 2d 431·
Fla. 5th DCA·
1990-05-10
·cited 14×
Behm appealed a judgment finding no easement existed over neighboring land and enjoining his access. The court reversed, holding that an easement appurtenant was validly created by Dinkins to benefit the north 10 acres and that it passed to subsequent owners of the dominant estat
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555 So. 2d 963·
Fla. 5th DCA·
1990-01-25
·cited 14×
Hall appeals the denial of a temporary injunction to prevent the City of Orlando from expanding drainage through an easement on his property. The court reversed, finding that Hall satisfied all requirements for a temporary injunction because the City's drainage expansion would ca
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A mayor's removal of a speaker from a public meeting for disruptive conduct and failure to adhere to the agenda does not violate the First Amendment, even if the speaker's remarks were critical of the commission.
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The court held that sellers were not entitled to lost profits damages under UCC § 2-708(2) and that certain expenses were not recoverable as incidental damages. The court also affirmed the denial of attorney's fees and the rejection of the purchaser's bad faith and nonconforming
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The appellate court reversed a lower court's decision granting an injunction against homeowners for constructing a skateboard ramp. The court found that the homeowners' ramp complied with the specific guidelines for play structures in the homeowners' association's planning criter
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The court should not allow parties to keep a dispute alive solely to obtain a judicial interpretation of a contract, especially when the original contract has expired and a new one exists.
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The court held that the Magistrate's undue delay in processing an in forma pauperis prisoner civil rights action and his procedural handling of partial filing fees were improper.
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This case involves an appeal by Banco Industrial de Venezuela (BIV) against an order dissolving a temporary injunction. The appellate court reversed the trial court's decision, holding that the Florida RICO Act provides for preliminary injunctions with less stringent requirements
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The court held that the district court abused its discretion in granting a preliminary injunction because the plaintiffs failed to demonstrate a likelihood of success on the merits of their Title VII disparate impact claim.
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The court held that SEPTA's random drug testing program for safety-sensitive employees is constitutionally permissible under the Fourth Amendment, but its implementation for employees covered by the Railway Labor Act constitutes a minor dispute subject to arbitration.
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The court held that the dispute over Burlington's trackage rights agreement with its subsidiary, which aimed to alter crew consist, was a major dispute under the Railway Labor Act, requiring status quo maintenance and mediation.
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The dissenting judges argue that the panel's decision improperly disregarded the district court's factual findings, misapplied labor law by transplanting the Wright Line test from the NLRA to the RLA context for large-scale corporate restructurings, and created a conflict with ot
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The court held that the demand notices provided constitutionally sufficient notice of the opportunity to contest parking violations, reversing the district court's finding of a due process violation.
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The court held that the district court did not abuse its discretion in granting a preliminary injunction, as the balance of hardships and public interest favored the appellees, and serious questions were raised regarding the appellants' tribal status and jurisdiction to tax.
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851 F.2d 1290·
11th Cir.·
1988-08-08
·cited 14×
The court held that the mayor and police chief's public statements, while undiplomatic, did not constitute clear and convincing evidence of retaliation or a violation of the injunction's requirement for respect and support, thus reversing the civil contempt finding.
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The government violated the Fifth and Sixth Amendments by refusing to return a criminal defendant's allegedly forfeitable property when it was established as his only source of funds to pay his defense lawyer.
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The court held that the district court erred in applying the 'reasonable likelihood of success' standard for 'good cause' under LMRDA § 501(b) and in resolving complex interpretive disputes at that preliminary stage.
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The court held that the INS checkpoint procedures at Isla Verde airport, including initial questioning and secondary inspections, were permissible under the Fourth Amendment, but the practice of seizing passenger tickets during questioning was problematic.
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The court held that it lacked appellate jurisdiction to hear the appeal because the district court's order enforcing a settlement agreement was not a final decision, nor was it an appealable interlocutory order or collateral order.
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833 F.2d 1086·
2d Cir.·
1987-11-20
·cited 14×
The court held that service by publication was valid and that the district court had personal jurisdiction over the appellants, and affirmed the admissibility of deposition testimony.
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A civil contempt order that declares a party would be in violation of a prior injunction if it takes certain actions, without imposing sanctions or finding actual damages, is appealable as a declaratory judgment. The court affirmed the district court's interpretation of the contr
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The court held that the order appointing a special master is not appealable as a modification of an injunction, but can be reviewed via writ of mandamus. The court also held that the federal entities participating in CAMP can be required to pay the master's fees.
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The court denied the motion for a preliminary injunction, finding that the plaintiffs had not demonstrated a likelihood of success on the merits regarding the exclusion of HIV-positive hemophiliac children from regular classrooms.
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The court held that the district court abused its discretion in granting a preliminary injunction because the ordinance prohibiting portable signs likely serves the city's aesthetic interests and is not substantially broader than necessary.
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The court held that the appeal was properly before it and that the district court could order execution on machine damages while deferring spare parts damages, but vacated the injunction as to spare parts sales.
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The court held that the federal plaintiffs had standing, the district court did not err in refusing to abstain, the statute of limitations did not bar the claims, and the district court did not violate the Full Faith and Credit Act.
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The dissenting judge argues that an elected official may consider party affiliation when appointing a principal deputy, especially when that deputy may succeed to the elected office.
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The court held that service of process was validly perfected under state rules after an attempted mail service failed, and the record supported the district court's finding of irreparable injury justifying a preliminary injunction.
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804 F.2d 682·
11th Cir.·
1986-11-18
·cited 14×
The court held that the university failed to establish business necessity for its hiring preference policy, which had a disparate impact on minority applicants.
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804 F.2d 739·
D.C. Cir.·
1986-11-04
·cited 14×
The SEC lacks authority under the Securities Exchange Act of 1934 to regulate banks as broker-dealers, and its Rule 3b-9 is invalid.
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803 F.2d 35·
1st Cir.·
1986-10-15
·cited 14×
The court's opinion should not be read as tying the state to cumbersome administrative procedures, but rather as clarifying the terms of an injunction.
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504 So. 2d 1246·
Fla. 1st DCA·
1986-10-02
·cited 14×
Appellants Matthews and Woodruff challenged a trial court order granting Quarles a permanent easement by way of necessity across their properties to access her landlocked four-acre parcel. The court affirmed, holding that the statutory requirements for an easement by necessity we
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The court held that Younger abstention did not require dismissal of the plaintiffs' claims for damages and return of property, but affirmed the denial of a preliminary injunction.
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The court held that the Wild Free-Roaming Horses and Burros Act does not impose a duty on the BLM to prevent wild horses from straying onto private land, and the statutory remedy of removal is adequate if performed within a reasonable time.