Injunction

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

• Aveta Inc. v. C.A. No. 3598-VCL Roberto L. Bengoa
  2008 WL 5255818· Del. Ch.· 2009-12-24 ·cited 12×·via Preliminary Injunction
  The court held the defendant in contempt for failing to comply with a prior order compelling arbitration. The court rejected the defendant's arguments that the Total Proposal novated the original purchase agreement or that the court lacked jurisdiction to enforce its order. Sanct
• Colonial Bank, N.A. v. Taylor Morrison Servs., Inc.
  10 So. 3d 653· Fla. 5th DCA· 2009-04-03 ·cited 12×·via Temporary Injunction
  The court held that the trial court abused its discretion in granting a temporary injunction because the party seeking it did not demonstrate a likelihood of success on the merits.
• M.I. Indus. USA Inc. v. Attorneys' Title Ins. Fund, Inc.
  6 So. 3d 627· Fla. 4th DCA· 2009-01-05 ·cited 12×·via Ex Parte Injunction
  M.I. Industries challenges an ex parte injunction freezing its bank accounts and assets pending litigation over alleged illegal land-flipping schemes involving a title insurance fund's member-agent. The court reverses, holding that injunctions freezing commingled bank accounts ar
• Ambrefe v. Ambrefe
  993 So. 2d 98· Fla. 2d DCA· 2008-10-15 ·cited 12×·via Domestic Violence Injunction
  Joseph Ambrefe appeals a final judgment granting an injunction for protection against domestic violence filed by his wife, Denise. The appellate court reversed, holding that the trial court lacked sufficient evidence of imminent danger of domestic violence as required by Florida
• Wachovia Bank v. Tien
  534 F. Supp. 2d 1267· S.D. Fla.· 2007-08-06 ·cited 12×·via Temporary Injunction
  The court held that genuine issues of material fact precluded summary judgment, requiring a trial to determine ownership of the disputed bank accounts.
• Omni Nat'l Bank v. Ga. Banking Co.
  951 So. 2d 1006· Fla. 3d DCA· 2007-03-21 ·cited 12×·via Temporary Injunction
  Omni National Bank appeals the trial court's denial of its motion to intervene in a fraud case and the resulting default judgment favoring Georgia Banking Company. The appellate court reverses, holding that Omni had a direct and immediate interest in the disputed funds that satis
• Terrell v. Thompson
  935 So. 2d 592· Fla. 1st DCA· 2006-08-08 ·cited 12×
  The court held that competent, substantial evidence is required to support a finding of repeat violence for an injunction.
• Wade v. Brown
  928 So. 2d 1260· Fla. 4th DCA· 2006-05-24 ·cited 12×·via Temporary Injunction
  The court held that a temporary injunction was improperly granted because the record failed to demonstrate irreparable harm.
• Sprint Corp. v. Telimagine, Inc.
  923 So. 2d 525· Fla. 2d DCA· 2005-12-28 ·cited 12×·via Temporary Injunction
  The court held that the trial court erred in granting a temporary injunction because the parties' agreement did not contemplate such relief under the circumstances, but affirmed the denial of the motion to dismiss.
• Epstein v. Precision Response Corp.
  883 So. 2d 377· Fla. 4th DCA· 2004-09-29 ·cited 12×·via Preliminary Injunction
  David Epstein, CEO of Precision Response Corporation and non-signatory to a merger agreement containing an arbitration clause, appealed the trial court's dismissal of his complaint to stay arbitration. The Fourth District Court of Appeal reversed, holding that the trial court err
• Passalacqua v. Naviant, Inc.
  844 So. 2d 792· Fla. 4th DCA· 2003-05-14 ·cited 12×·via Temporary Injunction
  In this appeal, the Fourth District Court of Appeal reversed a trial court's grant of a temporary injunction enforcing a non-compete agreement between Naviant, Inc. and two former employees, Nicholas Passalacqua and Matt Sechter. The court held that Naviant failed to demonstrate
• THE Florida BAR v. Neiman
  816 So. 2d 587· Fla.· 2002-05-02 ·cited 12×
  The Florida Bar sought to enjoin Brian Neiman, a convicted felon without a license to practice law, from engaging in the unlicensed practice of law. The court approved the referee's findings that Neiman extensively engaged in the practice of law by holding himself out as an attor
• Soud v. Kendale, Inc.
  788 So. 2d 1051· Fla. 1st DCA· 2001-04-26 ·cited 12×
  The Florida First District Court of Appeal reversed a temporary injunction granted ex parte against the Jacksonville City Council, holding that the trial court failed to comply with Rule 1.610(a) of the Florida Rules of Civil Procedure, which requires certification of notice effo
• City OF Boca Raton v. Boca Raton Airport Auth.
  768 So. 2d 1191· Fla. 4th DCA· 2000-09-20 ·cited 12×·via Temporary Injunction
  A temporary injunction entered without notice to a party is improper if the moving party cannot demonstrate specific facts showing why notice would precipitate irreparable injury or that the time required for notice would permit the injury to occur.
• First Miami Sec., Inc. v. Bell
  758 So. 2d 1229· Fla. 4th DCA· 2000-05-24 ·cited 12×·via Temporary Injunction
  The court held that the trial court did not abuse its discretion in denying a temporary injunction because the plaintiff failed to demonstrate irreparable harm and a likelihood of success on the merits.
• Am. Nat'l Title & Escrow OF Fla., Inc. v. The Guar. Title & Tr. Co.
  748 So. 2d 1054· Fla. 4th DCA· 1999-11-24 ·cited 12×
  The court held that attorneys are absolutely immune from suit for acts taken during judicial proceedings, even if those acts are tortious, as long as they are related to the proceeding.
• Sony Music Ent., Inc. v. Global Arts Prods.
  45 F. Supp. 2d 1345· S.D. Fla.· 1999-01-14 ·cited 12×·via Permanent Injunction
  The court granted a permanent injunction against defendants for copyright infringement due to their default and contumacious conduct.
• Brooks v. Watchtower Bible & Tract Soc'y OF Fla., Inc.
  706 So. 2d 85· Fla. 4th DCA· 1998-02-18 ·cited 12×
  Residents of West Palm Beach challenged an injunction preventing a referendum to repeal an ordinance authorizing the sale of city property to Watchtower Bible and Tract Society. The court reversed, holding that the city charter and code authorize the referendum and that the prope
• Michael Caruso & Co. v. Estefan Enters., Inc.
  994 F. Supp. 1454· S.D. Fla.· 1998-02-12 ·cited 12×·via Preliminary Injunction
  The court held that the plaintiff failed to establish a substantial likelihood of success on the merits for trademark infringement, unfair competition, or dilution claims, as consumers were unlikely to be confused and the plaintiff's mark was not sufficiently famous.
• Baumgartner v. Sibylle Baumgartner
  693 So. 2d 84· Fla. 2d DCA· 1997-05-02 ·cited 12×·via Domestic Violence Injunction
  The court held that neither section 741.30 nor chapter 61 of the Florida Statutes provides a basis for awarding attorney's fees in this domestic violence injunction case.
• Smith v. Knight
  679 So. 2d 359· Fla. 4th DCA· 1996-09-11 ·cited 12×
  Smith appeals a temporary injunction issued ex parte by the trial court that enjoined him from competing with Knight's business. The Fourth District reversed, holding that Knight failed to satisfy the strict requirements for an ex parte temporary injunction because the alleged in
• Robins v. Walter
  670 So. 2d 971· Fla. 1st DCA· 1995-12-19 ·cited 12×
  The Robins challenged a trial court injunction prohibiting them from operating a bed and breakfast on their residential property in the Highlands Subdivision. The Florida appellate court affirmed most of the restrictions but reversed the portion prohibiting rental of the carriage
• Sabina v. Dahlia Corp.
  650 So. 2d 96· Fla. 2d DCA· 1995-01-27 ·cited 12×
  The Florida District Court of Appeal reversed a temporary injunction against a former insurance agent and his new employer for breach of a non-compete covenant. The court found that the evidence did not support findings of either solicitation of customers or improper use of a cus
• State v. Miranda
  644 So. 2d 342· Fla. 2d DCA· 1994-11-02 ·cited 12×·via Domestic Violence Injunction
  A subsequent prosecution for aggravated stalking is not barred by double jeopardy, even if the defendant was previously held in contempt for violating a domestic violence injunction based on the same conduct, because the two offenses contain different elements.
• Marschel v. Dean Witter Reynolds, Inc.
  609 So. 2d 718· Fla. 2d DCA· 1992-12-02 ·cited 12×
  In this interlocutory appeal, the Florida Second District Court of Appeal reversed a trial court's order granting a temporary injunction that stayed arbitration proceedings. The court held that under the Federal Arbitration Act, statute of limitations defenses should be decided b
• Nat'l Kidney Patients Ass'n v. Louis W. Sullivan, M.D.
  958 F.2d 1127· D.C. Cir.· 1992-03-13 ·cited 12×·via Wrongful Injunction
  The court held that the district court lacked jurisdiction to issue the preliminary injunction because the plaintiff failed to exhaust administrative remedies as required by the Social Security Act, which governs Medicare appeals.
• John G. Grubbs, Inc. v. Suncoast Excavating, Inc.
  594 So. 2d 346· Fla. 5th DCA· 1992-03-06 ·cited 12×
  The trial court abused its discretion by denying a bidder's motion to intervene in litigation concerning a public construction contract award.
• Blue Dolphin Fiberglass Pools OF Fla., Inc. v. Swim Indus. Corp.
  597 So. 2d 808· Fla. 2d DCA· 1992-01-22 ·cited 12×
  Blue Dolphin Fiberglass Pools and Charles Kasper appealed from an injunction and declaratory order issued by the trial court after a judgment against defendants. The court reversed, holding that the trial court lacked personal jurisdiction over Blue Dolphin and Kasper to issue th
• Horizon S. Master Home Owners Ass'n, Inc. v. Walter B. West and wife
  591 So. 2d 665· Fla. 1st DCA· 1991-12-20 ·cited 12×
  Horizon South Master Home Owners Association and SUCO, Inc. appeal a permanent injunction preventing them from interfering with a fence on the plaintiffs' driveway. The court reverses, finding that the trial court granted summary judgment on a boundary by acquiescence claim witho
• City OF Fort Pierce v. Gloria and John H. Dickerson
  588 So. 2d 1080· Fla. 4th DCA· 1991-11-13 ·cited 12×·via Temporary Injunction
  The trial court lacked jurisdiction to grant a temporary injunction via a complaint for declaratory and injunctive relief when the underlying administrative decision was quasi-judicial and reviewable only by certiorari.
• Freni v. Collier Cnty.
  573 So. 2d 1054· Fla. 2d DCA· 1991-02-06 ·cited 12×·via Temporary Injunction
  The appellate court affirmed the trial court's order denying a temporary injunction because the issue became moot after the referendum passed.
• Burlington N. R.R. Co. v. The Blackfeet Tribe OF the Blackfeet Indian Reservation
  924 F.2d 899· 9th Cir.· 1991-01-25 ·cited 12×
  Tribal officials are not immune from suit for prospective relief challenging the constitutionality of taxes, and the Tribes retain the sovereign power to tax Burlington Northern's on-reservation rights of way as they have a significant interest and receive benefits from the Tribe
• Redner v. Citrus Cnty.
  919 F.2d 646· 11th Cir.· 1990-12-18 ·cited 12×
  The court held that the district court properly abstained from deciding the constitutionality of Ordinance 88-05 due to pending state criminal proceedings, but erred in abstaining from deciding the constitutionality of Ordinance 88-06.
• JSG Trading Corp. v. Tray-Wrap, Inc.
  917 F.2d 75· 2d Cir.· 1990-09-26 ·cited 12×·via Preliminary Injunction
  The Perishable Agricultural Commodities Act (PACA) does not require a buyer to segregate trust assets, and a seller seeking a preliminary injunction must meet traditional standards, including showing a likelihood of irreparable harm.
• Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg'l Planning Agency
  911 F.2d 1331· 9th Cir.· 1990-08-09 ·cited 12×
  Plaintiffs cannot state a claim for relief because the court-imposed injunction, not the 1984 Plan, prevented them from building.
• Blumenthal v. Merrill Lynch
  910 F.2d 1049· 2d Cir.· 1990-08-08 ·cited 12×·via Wrongful Injunction
  A district court has jurisdiction to issue a preliminary injunction pending arbitration, and if arbitrators later dissolve the injunction, it may be deemed 'wrongful,' allowing recovery on the injunction bond.
• Int'l Jai-Alai Players Ass'n v. Dania Jai-Alai Div. of the Aragon Grp., Inc.
  563 So. 2d 1117· Fla. 4th DCA· 1990-07-05 ·cited 12×
  The Fourth District Court of Appeal reversed a permanent injunction against striking jai-alai players because the trial court failed to comply with Florida Rule of Civil Procedure 1.440 by holding the final hearing while motions were still pending. The court held that the cause w
• Johnpoll v. Dick Thornburgh
  898 F.2d 849· 2d Cir.· 1990-03-06 ·cited 12×·via Preliminary Injunction
  The court held that federal inmates must exhaust administrative remedies for claims related to the Inmate Responsibility Program, even constitutional claims, unless the procedures are inadequate or unavailable. The court also affirmed the denial of class certification.
• Walt Disney Co. v. Powell
  897 F.2d 565· D.C. Cir.· 1990-03-06 ·cited 12×·via Permanent Injunction
  The court held that statutory damages for copyright infringement are calculated based on the number of distinct works infringed, not the number of separate infringements of those works. The court affirmed the award of attorneys' fees and the permanent injunction.
• Gen. Motors Corp. v. Abrams
  897 F.2d 34· 2d Cir.· 1990-02-15 ·cited 12×
  The dissent argues that the New York Lemon Law conflicts with the FTC consent decree's arbitration rules, making compliance impossible and unfairly singling out GM.
• Outdoor Media OF Pensacola, Inc. v. Santa Rosa Cnty.
  554 So. 2d 613· Fla. 1st DCA· 1989-12-22 ·cited 12×
  Outdoor Media challenged Santa Rosa County's exclusive agreement with Community Sign Services to place signs on county rights of way, arguing it was a lease requiring competitive bidding under Florida law rather than a license exempt from bidding. The appellate court reversed the
• City OF LAS Vegas v. Lujan
  891 F.2d 927· D.C. Cir.· 1989-12-13 ·cited 12×·via Preliminary Injunction
  The court held that the Secretary of Interior's emergency listing of the desert tortoise population was justified under the Endangered Species Act, and appellants were unlikely to succeed on the merits of their challenge.
• Hunter v. Marquardt, Inc.
  549 So. 2d 1095· Fla. 1st DCA· 1989-09-26 ·cited 12×
  Hunter and spouse appeal a trial court judgment granting Marquardt, Inc., a 12-foot easement of necessity across their property to access marina expansion land. The appellate court reversed, holding that Marquardt failed to demonstrate absolute necessity because the acquired prop
• The Money Store, Inc. v. Harriscorp Fin., Inc.
  885 F.2d 369· 7th Cir.· 1989-09-19 ·cited 12×·via Modification Of Injunction
  The standard for modifying injunctions should be viewed differently in property rights litigation compared to institutional reform litigation.
• GON v. First State Ins. Co.
  871 F.2d 863· 9th Cir.· 1989-03-30 ·cited 12×
  The court held that the insurance policy required the insurer to pay legal expenses as they were incurred, and that contemporaneous apportionment of these expenses was not feasible given the nature of the underlying claims.
• Monya G. Virgil v. Sch. Bd. OF Columbia Cnty.
  862 F.2d 1517· 11th Cir.· 1989-01-12 ·cited 12×
  A school board may remove a previously approved textbook from an elective class if the removal is reasonably related to legitimate pedagogical concerns, such as the vulgarity and sexual explicitness of the material for the intended audience.
• People OF the State OF Ill. ex rel. Neil F. Hartigan v. Peters
  861 F.2d 164· 7th Cir.· 1988-11-07 ·cited 12×·via Preliminary Injunction
  The denial of a motion to vacate the appointment of a receiver is not directly appealable under 28 U.S.C. § 1292(a)(2), but can be reviewed via pendent appellate jurisdiction if inextricably entwined with an appealable order.
• Hodes v. S.N.C. Achille Lauro ed Altri-Gestione Montonoave Achille Lauro in Amministrazione Straordinaria and Commissario of the Flotta Achille Lauro in Amministrazione Straordinaria and Chandris (Italy)
  858 F.2d 905· 3d Cir.· 1988-09-22 ·cited 12×
  The court held that a foreign forum selection clause in a cruise ticket was reasonably communicated and enforceable, reversing the lower court's decision.
• Dr. E.G. Fischer v. BAR Harbor Banking & Tr. Co.
  857 F.2d 4· 1st Cir.· 1988-09-09 ·cited 12×·via Preliminary Injunction
  The court affirmed the district court's summary judgment, holding that the Bank was conditionally privileged to assert a lien and that the plaintiff failed to establish actual malice.
• Xeta, Inc. v. Atex, Inc.
  852 F.2d 1280· Fed. Cir.· 1988-07-27 ·cited 12×
  The court held that the district court did not abuse its discretion in denying Xeta's motion for a preliminary injunction because Xeta failed to demonstrate a likelihood of success on the merits of its antitrust and tort claims.