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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13 Fla. 381·
Fla.·
1869-01-01
·cited 11×
John Burns appealed an injunction granted to restrain him from interfering with his wife's separate property placed in trust. The Florida Supreme Court reversed, holding that the remedy for alleged interference with the property is at law, not in equity, and that a court of equit
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12 Fla. 185·
Fla.·
1868-01-01
·cited 11×
This case involves a suit in equity seeking an injunction against the enforcement of a judgment and execution. The appellant argued that the original judgment was obtained due to the trial judge's failure to properly consider the evidence and his duty to grant a new trial, thus p
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Leader Entertainment S.A., an Argentinian children's entertainment company, sued Florida-based producers Crom Productions, LLC and Ancla Productions, Inc. for trademark infringement and unfair competition after they created and promoted a live children's show called "La Granja En
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The Eleventh Circuit held that the appeal from a preliminary injunction was not moot, despite the plaintiff's suggestion of mootness based on temporarily suspending its challenged policy, because the plaintiff had not met its heavy burden of establishing that the policy would not
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A party obtaining a temporary restraining order that materially alters the legal relationship and provides merits-based relief is a prevailing party entitled to attorneys' fees under 42 U.S.C. § 1988.
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324 So. 3d 590·
Fla. 1st DCA·
2021-07-20
·cited 10×
The appellate court affirmed the trial court's denial of a motion to dismiss a domestic violence injunction. The appellant failed to provide a transcript of the hearing, preventing the court from reviewing whether the trial court abused its discretion.
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256 So. 3d 907·
Fla. 1st DCA·
2018-08-16
·cited 10×
The Florida Fish and Wildlife Conservation Commission (FWC) appeals a trial court order granting a temporary injunction requiring the FWC to abate nuisances from deer dog hunting on adjacent private property, where hunters and their dogs occasionally trespass onto private landown
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Appellant Saidin appeals a post-judgment non-final order granting temporary injunctive relief and determining liability in favor of the Koreckis. The court affirms the grant of injunctive relief but reverses and remands regarding the inadequate $100 bond amount, dismissing as non
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Smart Pharmacy appealed the trial court's denial of its motion for a temporary injunction against a former employee and his new employer for breach of a noncompete agreement and misappropriation of trade secrets. The appellate court reversed, holding that Smart Pharmacy establish
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127 So. 3d 869·
Fla. 3d DCA·
2013-12-04
·cited 10×
Homeowners sought declaratory judgment and injunction to compel the City of Coral Gables to prosecute enforcement actions against a property owner operating an illegal yacht basin. The court held that a city's discretion to prosecute, settle, or dismiss building and zoning enforc
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Stephen Baker appealed the trial court's denial of his motion to dissolve a domestic violence injunction issued against him in 2007. The appellate court reversed, finding that Baker's subsequent 30-year imprisonment constituted a material change in circumstances warranting dissol
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The Florida Department of Children and Families appeals an order requiring it to provide dependency services after a mother filed a petition against herself and was found in default, resulting in an order of dependency with no hearing or evidence. The court holds that a parent ca
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The court found that the RS 3400 does not embody the patents licensed under the agreement, and thus Rad Source can market it, subject to a right of first negotiation. The non-compete provision expired by its own terms.
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A single spank administered by a parent to a child for disciplinary purposes, which does not result in harm, constitutes reasonable parental discipline and not domestic violence as a matter of law.
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63 So. 3d 798·
Fla. 1st DCA·
2011-04-21
·cited 10×
Leasehold holders in Navarre Beach challenged ad valorem property tax assessments on both improvements and underlying land, arguing they qualified for intangible personal property tax treatment under Florida law. The court held that the leaseholders were equitable owners of both
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42 So. 3d 859·
Fla. 3d DCA·
2010-08-11
·cited 10×
In this family law appeal, a former husband challenges temporary injunctions freezing his bank accounts and a final judgment for support arrearages entered ex parte without notice. The court reversed, finding the injunction orders legally insufficient under Florida Rule of Civil
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The final judgment of injunction for protection against domestic violence is affirmed because the appellee presented sufficient evidence of battery and assault.
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The court held that the plaintiff had standing to sue and that preliminary injunctive relief was warranted, finding that unjustified institutional isolation of persons with disabilities constitutes discrimination under the ADA.
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Malchan appeals a permanent injunction for domestic violence protection issued by the trial court based on an alleged 2005 incident where he allegedly punched a wall, pushed the mother into a wall, tried to choke her, and threatened to kill her. The appellate court reversed, hold
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15 So. 3d 753·
Fla. 4th DCA·
2009-07-15
·cited 10×
The court held that the other unit owners were indispensable parties who should have been joined in the lawsuit.
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The court held that confirmation of the arbitration award for damages under the Loan Agreement is denied because the Loan Agreement did not contain an arbitration clause and was a separate agreement from the Hotel Management Agreement. The award is confirmed in all other respects
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The court held that the city's application of its sign code to a mural and a First Amendment banner was content-based and failed strict scrutiny, warranting a preliminary injunction.
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992 So. 2d 196·
Fla.·
2008-09-25
·cited 10×
The Florida Supreme Court held that trial courts have inherent constitutional authority to award compensation to death penalty appellate registry attorneys in excess of statutory fee caps when extraordinary circumstances exist in capital collateral cases, and that attorneys canno
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The court granted Plaintiffs' motion for a preliminary injunction, finding a substantial likelihood of success on the merits for breach of contract, trademark infringement, and unfair competition claims.
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968 So. 2d 608·
Fla. 5th DCA·
2007-10-04
·cited 10×
A television station challenged a temporary injunction prohibiting it from broadcasting contents of documents obtained from a storage unit auction sale, arguing it violated the First Amendment's prohibition on prior restraints. The Florida appellate court reversed the injunction,
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954 So. 2d 68·
Fla. 4th DCA·
2007-04-11
·cited 10×
The Fourth District Court of Appeal granted a petition for writ of prohibition barring Judge Diana Lewis from presiding over a lawsuit challenging the City of Riviera Beach's eminent domain proceedings, holding that the judge should have disqualified herself because her father ow
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In a dissolution of marriage case, the trial court awarded attorneys fees to the former wife as sanctions for the husband's litigation misconduct and also awarded attorneys fees to the former wife's fiancée as sanctions in a related domestic violence injunction proceeding. The ap
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949 So. 2d 215·
Fla. 3d DCA·
2006-11-15
·cited 10×
Pianeta Miami appeals from a trial court order denying its motion to release funds held in escrow that exceeded the final judgment amount plus prejudgment interest. The court holds that the order improperly restrains Pianeta's unrestricted assets and constitutes an unjustified in
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Sandra Samanka appealed a modified domestic violence injunction, arguing the trial court violated her due process rights by extending and modifying the injunction without holding a hearing. The Florida Second District Court of Appeal agreed and reversed, holding that a nonmoving
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The court denied the motion for a temporary restraining order because the plaintiffs failed to establish a substantial likelihood of success on the merits of their claims.
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896 So. 2d 943·
Fla. 2d DCA·
2005-03-09
·cited 10×
The City of Tampa appeals orders granting class certification and a temporary injunction against enforcement of a motor vehicle impound ordinance (Section 14-27). The appellate court affirmed the temporary injunction but reversed and remanded the class certification order, findin
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890 So. 2d 1119·
Fla. 4th DCA·
2004-11-24
·cited 10×
Keystone Creations appealed the trial court's enforcement of a settlement agreement and issuance of an injunction prohibiting further operation of its stone-cutting business in Delray Beach. After fifteen years of disputes over zoning compliance and site plan modifications, the c
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The Department of State, Division of Elections appealed a trial court order granting a mandatory injunction requiring it to permit a Democratic congressional candidate to withdraw from the 2004 general election ballot and to allow the Democratic Party to designate a replacement n
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A temporary injunction imposing a constructive trust on commission funds identified in a brokerage agreement is proper where the broker is named beneficiary of a particular fund to be set aside at closing.
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847 So. 2d 1012·
Fla. 4th DCA·
2003-04-30
·cited 10×
The Florida District Court of Appeal reversed a summary judgment for a condominium association, finding that the association may have selectively enforced its pet restrictions. The court held that the distinction between cats and dogs, used by the trial court to justify different
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The court held that a temporary injunction was erroneously granted because there was no indication of future harm or a likelihood of repeated infringing activity.
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824 So. 2d 258·
Fla. 3d DCA·
2002-08-07
·cited 10×
Hugo Miguez appealed a trial court's extension of a domestic violence injunction from one year to seven years, arguing that such duration is erroneous as a matter of law. The appellate court affirmed, holding that Florida law permits domestic violence injunctions of indefinite du
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786 So. 2d 630·
Fla. 5th DCA·
2001-05-04
·cited 10×
Florida appellate court reversed an injunction against repeat violence because the evidence showed insufficient incidents to meet statutory requirements for such relief, despite acknowledging the defendant's harassing conduct.
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780 So. 2d 1006·
Fla. 4th DCA·
2001-03-28
·cited 10×
Carl Jenkins was convicted of criminal contempt for refusing to answer questions about a sexual assault allegation during a civil injunction hearing. The Florida Fourth District Court of Appeal reversed, holding that Jenkins properly invoked his Fifth Amendment privilege against
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746 So. 2d 1257·
Fla. 1st DCA·
2000-01-05
·cited 10×
The court reversed an injunction for protection against repeat violence because the evidence showed no acts of violence as statutorily defined. The trial court erred in issuing the injunction based merely on the father's belief that the appellant was a bad influence on his daught
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743 So. 2d 613·
Fla. 5th DCA·
1999-10-15
·cited 10×
The Florida appellate court reversed a permanent injunction for protection against repeat violence because the trial court failed to conduct a proper due process hearing on the merits, denying the defendant basic procedural protections including sworn testimony, witness examinati
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James Abravaya appeals a domestic violence injunction granted against him after he allegedly drove erratically on a highway, prevented his former girlfriend from exiting, and rear-ended her vehicle. The Third District Court of Appeal affirms the injunction, finding the victim's c
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726 So. 2d 309·
Fla. 2d DCA·
1998-12-02
·cited 10×
The trial court adjudicated a child a dependent and placed her with maternal relatives based on finding the natural father abandoned her. The appellate court reversed, holding that the evidence did not support abandonment and that a surviving natural parent cannot be deprived of
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The appellate court vacated a temporary custody order because it was improperly issued without notice to the non-resident mother. The court found the father's emergency motion lacked sufficient grounds for an ex parte order, particularly regarding allegations of child abuse.
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Miller and Rand, departing associates from law firm Jacobs & Goodman, challenged the enforceability of their employment agreements requiring them to pay 75% of client fees if clients followed them to their new firm. The court upheld the validity of such fee-splitting agreements b
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694 So. 2d 38·
Fla. 1st DCA·
1997-01-22
·cited 10×
A Florida appellate court reversed a trial court's sua sponte amendment of a domestic violence injunction against the husband, holding that the court violated due process by modifying the injunction without notice or a hearing afforded to the husband.
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The Leibowitzes obtained a temporary injunction against Miami Beach, but the city dissolved it and sought attorney's fees. The court upheld the award of fees exceeding the bond amount but reversed because the trial court improperly based the hourly rate on the city attorney's sal
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Victor Cordova appeals his conviction for indirect criminal contempt for violating a domestic violence injunction, challenging the trial court's use of judicial notice to establish that he was served with the injunction. The court affirms the conviction, holding that while judici
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653 So. 2d 476·
Fla. 3d DCA·
1995-04-12
·cited 10×
AOT, Inc. appealed the setting of an injunction bond in a case involving competing flea market operations in a shopping center. The court affirmed the temporary injunction but reversed the bond amount because the trial court failed to follow proper procedures by allowing both par
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Medical Facilities Development, Inc. filed a lis pendens against property owned by Little Arch Creek Properties, Inc. to preserve its claim in a specific performance action, preventing LACPI from completing a sale to another buyer. The Florida District Court of Appeal affirmed th