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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W. L. Payne sued to enjoin defendants from maintaining a fence that obstructed Duval Street, which had been dedicated as a public street by the original landowner Miles Price decades earlier. The Florida Supreme Court affirmed the injunction, holding that where a street is actual
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26 Fla. 423·
Fla.·
1890-06-01
·cited 10×
The Florida Supreme Court reversed a lower court decision and dismissed a bill in equity that sought to enjoin a tax collector from selling property for taxes levied by an allegedly illegally incorporated town. The court held that challenges to the legality of a municipal corpora
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19 Fla. 542·
Fla.·
1882-06-01
·cited 10×
This case concerns whether a court of equity should enjoin the sale of land under an execution when the judgment debtor has no title to the property. The court held that such a sale would not cast a cloud on the true owner's title, and therefore, equity would not intervene.
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Long purchased a buggy and harness from Bryan on credit, signing a note that waived exemption protections. After judgment and levy by the sheriff, Long sought an injunction in equity to prevent the sale and return of the property. The Florida Supreme Court reversed, holding that
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13 Fla. 314·
Fla.·
1869-01-01
·cited 10×
A creditor of an insolvent estate sought to enjoin another creditor's execution of a judgment obtained after insolvency was filed, arguing that the statute governing insolvent estates requires pro rata distribution rather than individual creditor collection. The Florida Supreme C
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The court held that a single, isolated incident of alleged domestic violence from years prior, without current allegations of threats or imminent danger, is insufficient to support the issuance of an injunction for protection against domestic violence.
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Michael Vaught appeals a domestic violence injunction, arguing he was denied due process because the trial court based its decision on allegations in a supplemental affidavit that was never served on him and he received fewer than three business days' notice of the final hearing.
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Infinity Home Care and employee Sylvie Forjet appealed a temporary injunction enforcing non-compete and non-solicitation covenants in an employment contract. The Fourth District held that referral sources for home health services constitute a protectable legitimate business inter
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186 So. 3d 544·
Fla. 2d DCA·
2015-03-06
·cited 9×
A father appeals a final judgment for protection against sexual violence issued in a domestic violence injunction proceeding. The appellate court reversed, finding that the trial court erred by relying on a videotaped forensic interview of the fourteen-year-old alleged victim wit
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159 So. 3d 850·
Fla. 2d DCA·
2014-12-19
·cited 9×
In consolidated appeals arising from a nursing home resident's death, the court dismissed the final judgment appeal by Trans Health Management Inc. (THMI) because THMI, as an administratively dissolved corporation, was statutorily barred from prosecuting the appeal under Florida
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Matthew Lane Phillips appeals an injunction for protection against domestic violence issued against him in favor of his estranged wife, Nofar Phillips. The court reversed the injunction, finding that Mrs. Phillips failed to establish reasonable cause to believe she was in imminen
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The court held that a permanent mandatory injunction was improperly entered without an evidentiary hearing and was overly broad, exceeding the scope of relief sought.
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The Eleventh Circuit affirmed in part and vacated in part the district court's contempt order. The court affirmed the injunction as to Appellants' RICO and antitrust claims, finding they were released by the settlement agreement. However, the court vacated the injunction as to ce
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The appellate court affirmed the trial court's permanent injunction because the record contained competent substantial evidence to support the finding of domestic violence.
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Matthew Dietz appeals an order extending a temporary domestic violence injunction for six months without a required showing of good cause for continuance. The Florida First District Court of Appeal reversed, holding that extending a temporary injunction requires statutory authori
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Rita McKeegan appealed an ex parte temporary injunction granted against her by the trial court. The Fourth District Court of Appeal reversed, finding the injunction facially deficient because it lacked sufficient factual findings supporting each prong of the four-part injunction
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The court amended its prior findings of fact and conclusions of law based on a motion for reconsideration, incorporating details from a seven-day bench trial and subsequent filings.
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67 So. 3d 235·
Fla. 2d DCA·
2010-09-22
·cited 9×
An injunction against repeat violence cannot be sustained absent proof of at least two incidents of violence or stalking meeting the statutory definition. Mere emotional hostility between parties, isolated incidents of alleged standing in front of a house, failure to control thir
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Elizabeth Kountze and Charles Denman Kountze appealed a trial court order finding jurisdiction over them and requiring maintenance of the status quo of trust assets claimed by the estate's personal representative. The appellate court reversed and remanded because the trial court
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USI Insurance Services appeals the denial of a temporary injunction to enforce a non-compete agreement against the seller of an insurance agency it purchased. The court reversed, finding the trial court applied an outdated version of Florida's restrictive covenant statute that im
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965 So. 2d 276·
Fla. 5th DCA·
2007-09-14
·cited 9×
Beachfront property owners in Volusia County challenged the county's allowance of public vehicular traffic and parking on their platted beach lots, claiming trespass and inverse condemnation. The appellate court reversed the trial court's summary judgment for the county on prescr
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962 So. 2d 1053·
Fla. 4th DCA·
2007-08-22
·cited 9×
Labor Ready Southeast and property owner Ribar appeal an injunction removing Labor Ready from a condominium unit, arguing the trial court violated Florida Rule 1.440 by setting trial after permitting a last-minute amendment to the complaint without the requisite 30-day notice per
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The court held that the trial court erred in granting a temporary injunction without notice to the opposing party, as the motion and order failed to comply with Florida Rule of Civil Procedure 1.610.
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910 So. 2d 398·
Fla. 4th DCA·
2005-09-21
·cited 9×
Miller and Janie Johnson appealed an order enforcing a mediation settlement agreement regarding an easement dispute with Martha Bezner. The court affirmed the enforcement of the agreement and finding of breach, but reversed the trial court's imposition of remedies, specifically s
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Federal law mandates allowing voters to cast provisional ballots even if at the wrong polling place, but does not require counting such ballots if cast at the incorrect precinct.
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875 So. 2d 669·
Fla. 3d DCA·
2004-05-05
·cited 9×
In this third appeal, homeowners challenged a trial court's determination that they were not the prevailing parties entitled to attorney's fees in a dispute over deed restriction setback requirements. The Florida appellate court affirmed, holding that the homeowners' voluntary co
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A declaratory judgment action is the proper vehicle for facial constitutional challenges to an ordinance, and res judicata does not bar claims not previously litigated, even if related to the same ordinance.
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America II Electronics sought a temporary injunction against its former employee Joel Smith to enforce a non-compete agreement. The circuit court denied relief based on an outdated legal standard, but the appellate court reversed, holding that under the applicable 1996 statute, v
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817 So. 2d 1104·
Fla. 2d DCA·
2002-06-14
·cited 9×
In the second appeal of this dissolution of marriage case, the former wife challenged the trial court's interpretation of appellate instructions regarding lump sum alimony and a temporary restraining order on her out-of-state property. The appellate court held it lacked jurisdict
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805 So. 2d 893·
Fla. 2d DCA·
2001-10-12
·cited 9×
Lee County challenged the South Florida Water Management District's emergency plan to discharge large volumes of fresh water from Lake Okeechobee into the Caloosahatchee River estuary to save the lake's dying fish population. The court affirmed the denial of the county's petition
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The Florida Supreme Court's decision in Miller v. State established that entry into premises open to the public constitutes a complete defense to burglary charges, regardless of whether the defendant was prohibited by injunction or lacked permission. This appeal affirms the dismi
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A temporary injunction cannot stand alone as an independent lawsuit without a request for permanent relief.
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The court ordered disgorgement of $269,000 jointly against both defendants, prejudgment interest, and civil penalties of $100,000 each, but denied the SEC's request for permanent injunctions.
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A Florida appellate court reversed a final domestic violence injunction that awarded temporary exclusive custody of four minor children to the father and prohibited all maternal contact for one year. The court held that the mother was denied due process because the petition faile
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Jose Chanfrau appealed the trial court's dismissal of his domestic violence injunction and the court's grant of a counter-injunction against him without an evidentiary hearing. The appellate court reversed, finding the trial court violated due process by dismissing Chanfrau's inj
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The court affirmed a temporary injunction prohibiting the mother from moving with her children, finding no reversible error.
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761 So. 2d 478·
Fla. 5th DCA·
2000-06-30
·cited 9×
Roy Jones appealed the trial court's denial of his motion to dissolve a temporary injunction that prevented him from removing his children from his former wife's custody pending resolution of a custody modification motion. The appellate court reversed, finding the temporary injun
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The court held that a voluntary dismissal of a suit does not automatically entitle the plaintiff to the return of an injunction bond, and the defendant may recover damages from the bond if the injunction was wrongfully issued.
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Appellants challenge a temporary injunction enforcing restrictive covenants in their employment agreement with a commodities brokerage firm. The court affirms the injunction but reduces the three-year non-compete period to two years as presumptively unreasonable under Florida law
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Robin O'Neill appeals a trial court order directing her to return to Florida with her infant child for visitation with the putative father, Charles Stone, in a domestic violence proceeding. The appellate court reversed, holding that the trial court abused its discretion by orderi
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716 So. 2d 311·
Fla. 3d DCA·
1998-07-29
·cited 9×
Airport Executive Towers appeals from a temporary injunction that restrained it from moving net proceeds from the sale of its real property out of Florida. The court reversed, holding that the injunction was an extraordinary remedy that CIG failed to justify because CIG had an ad
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The court held that the respondents engaged in the unlicensed practice of law and adopted the referee's recommendations for sanctions.
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667 So. 2d 223·
Fla. 1st DCA·
1995-08-21
·cited 9×
The Trammells sought easement rights to access their landlocked 40-acre parcel across the Wards' property, while the Wards sought a way of necessity across the Trammells' land. The trial court granted reciprocal easements based on a stipulated agreement, but the court reversed in
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626 So. 2d 1314·
Fla.·
1993-09-09
·cited 9×
The Florida Supreme Court held that non-custodians who are subjects of public records related to child abuse investigations have standing to assert statutory exemptions from disclosure, provided they are members of the class the exemption was intended to protect. The Court approv
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The court held that a university must fully and effectively accommodate the interests and abilities of the underrepresented sex in its athletic programs, and cannot simply allocate opportunities based on the ratio of interested athletes if that leaves some interests unmet.
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The court held that the Hazardous Materials Transportation Act preempts the tribal ordinance, meaning tribal officers acted outside their authority and thus are not protected by sovereign immunity, and that the district court did not err in granting a preliminary injunction.
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A bankruptcy discharge injunction does not automatically bar a suit against the debtor's liability insurer, and a bankruptcy court can modify the injunction to allow such a suit, even if the state court previously dismissed the suit based on the injunction.
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615 So. 2d 707·
Fla. 3d DCA·
1992-12-15
·cited 9×
Rosa Armesto, a law student at Florida State University College of Law, appealed her suspension for cheating on a final examination. The court affirmed the hearing panel's finding that she cheated, holding that FSU followed all applicable procedural rules and that substantial evi
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The dissenting judge would affirm the district court's judgment, disagreeing with the majority's reversal.
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596 So. 2d 1164·
Fla. 4th DCA·
1992-04-01
·cited 9×
The City of Riviera Beach charged a luxury condominium for waste removal based on the number of residential units (220) rather than the number of containers actually needed, even though most units were unfinished and unoccupied. The trial court granted summary judgment for the co