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

• Curl v. Stacie L. Roberts
  279 So. 3d 765· Fla. 1st DCA· 2019-08-30 ·cited 8×·via Domestic Violence Injunction
  A domestic violence injunction against a grandmother protecting a minor grandchild was improper because allegations of prior abuse of the mother, ending two to three years earlier, coupled with unfounded DCF reports and vague complaints of controlling behavior, do not satisfy the
• Olson v. Olson
  260 So. 3d 367· Fla. 4th DCA· 2018-11-14 ·cited 8×·via Ex Parte Injunction
  A trial court cannot grant a temporary injunction based on an attorney's unsworn statements when a noticed, contested evidentiary hearing is held; sworn testimony or stipulation is required to establish the necessary factual findings.
• Detzner v. League of Women Voters of Fla.
  256 So. 3d 803· Fla.· 2018-10-15 ·cited 8×
  A proposed constitutional amendment must be removed from the ballot when its ballot title and summary fail to clearly state the chief purpose of the amendment and fail to inform voters of its true meaning and ramifications. The ballot summary for Revision 8 was defective because
• Schweickert v. Citrus Cnty. Fla. Bd.
  193 So. 3d 1075· Fla. 5th DCA· 2016-06-17 ·cited 8×·via Mandatory Injunction
  A newspaper publisher sought public records from a county board regarding an investigation into a commissioner's workplace conduct. Although the board eventually produced the records after litigation commenced, the trial court dismissed the case as moot. The appeals court reverse
• Dickerson v. Senior Home Care, Inc.
  181 So. 3d 1228· Fla. 5th DCA· 2015-12-18 ·cited 8×·via Injunction Criteria
  Appellants Dickerson and O'Brien challenge a temporary injunction entered against them for allegedly violating non-compete, non-disclosure, and non-solicitation agreements with their former employer, Senior Home Care, Inc. The court reversed because the trial court's injunction o
• Cermesoni v. Maneiro
  144 So. 3d 627· Fla. 3d DCA· 2014-08-06 ·cited 8×
  In a family law matter where an Argentine court issued a freeze order on Miami bank accounts via letters rogatory, the Florida appellate court affirmed the trial court's denial of the defendant's motion to increase the injunction bond, holding that Florida's ancillary role in enf
• Branson v. Koren Rodriguez-Linares
  143 So. 3d 1070· Fla. 2d DCA· 2014-07-25 ·cited 8×·via Domestic Violence Injunction
  The Florida Second District Court of Appeal affirmed a domestic violence injunction based on cyberstalking, holding that stalking constitutes an act of domestic violence under Florida law even without threats or physical violence. The court rejected the appellant's argument that
• Garrett v. Pratt
  128 So. 3d 928· Fla. 5th DCA· 2013-12-20 ·cited 8×·via Domestic Violence Injunction
  The court held that an incarcerated party has a right to be heard in civil matters and was denied this right when not allowed to appear telephonically.
• City OF Sunny Isles Beach v. Temple B'Nai Zion, Inc.
  43 So. 3d 904· Fla. 3d DCA· 2010-09-08 ·cited 8×
  The trial court abused its discretion by issuing a de facto injunctive order that failed to comply with the legal requirements of Rule 1.610 of the Florida Rules of Civil Procedure.
• Dep't OF Child. & Families v. D.B.D.
  42 So. 3d 916· Fla. 4th DCA· 2010-08-25 ·cited 8×·via Petition For Injunction
  The Department of Children and Families (DCF) obtained an ex parte injunction against a father under section 39.504, Florida Statutes, based on allegations that largely mirrored claims the mother had previously made in a pending family court divorce case. The circuit court dismis
• In re Amendments to the Fla. Fam. Law Rules
  995 So. 2d 445· Fla.· 2008-10-16 ·cited 8×·via Domestic Violence Injunction
  The Florida Supreme Court adopted amendments to the Florida Family Law Rules of Procedure to conform to Chapter 2008-61, Laws of Florida, which eliminated references to 'custody,' 'visitation,' and 'primary/secondary residential parent' and replaced them with 'parenting plan' ter
• T.M. v. Dep't of Child. & Families
  971 So. 2d 274· Fla. 4th DCA· 2008-01-08 ·cited 8×·via Domestic Violence Injunction
  In this termination of parental rights case, the Florida Fourth District Court of Appeal affirmed the trial court's decision to terminate the mother's parental rights to her infant son after he sustained a serious femur fracture while in her care and in the presence of a history
• Sec. & Exch. Comm'n v. K.W. Brown & Co.
  555 F. Supp. 2d 1275· S.D. Fla.· 2008-01-04 ·cited 8×·via Permanent Injunction
  The court found the defendants liable for violations of federal securities laws, including anti-fraud and books and records provisions, due to a cherry-picking scheme and misleading disclosures.
• NRD Invs., Inc. v. Velazquez
  976 So. 2d 1· Fla. 3d DCA· 2007-12-05 ·cited 8×
  NRD Investments appealed a trial court's temporary injunction requiring it to restore a tenant's office to pre-construction condition. The appellate court affirmed, finding that the tenant Dr. Velazquez met all requirements for injunctive relief and that the trial court properly
• Suarez v. KMD Constr., Inc.
  965 So. 2d 184· Fla. 5th DCA· 2007-08-24 ·cited 8×
  The Florida Fifth District Court of Appeal granted a petition for writ of certiorari challenging a trial court's denial of a motion to dissolve a notice of lis pendens filed by KMD Construction. The court held that KMD's claims were not founded on a duly recorded instrument as re
• CB Fleet Co., Inc. v. Unico Holdings, Inc.
  510 F. Supp. 2d 1078· S.D. Fla.· 2007-04-25 ·cited 8×·via Preliminary Injunction
  C.B. Fleet Company obtained a preliminary injunction against Unico Holdings for copyright infringement of its Phospho-soda bowel cleansing kit's patient instruction sheet and package design. The court found C.B. Fleet established a substantial likelihood of success on the merits,
• Habitat II Condo., Inc. v. Kerr
  948 So. 2d 809· Fla. 4th DCA· 2007-01-03 ·cited 8×
  A dispute concerning a condominium unit's title, arising from an alleged violation of the association's right of first refusal, is not subject to mandatory non-binding arbitration under Florida Statutes section 718.1255.
• Coverdale v. State
  940 So. 2d 558· Fla. 2d DCA· 2006-10-27 ·cited 8×
  Keith Coverdale was convicted of aggravated stalking in violation of Florida law after allegedly violating a domestic violence injunction by repeatedly contacting his ex-partner. The appellate court reversed and remanded for a new trial, finding that the trial court abused its di
• Williams v. Williams
  939 So. 2d 1154· Fla. 2d DCA· 2006-10-20 ·cited 8×·via Interlocutory Injunction
  The appellate court reviewed a trial court's order on a motion to enforce a mediation agreement in a divorce case. The appellate court affirmed the enforcement of the agreement but reversed the trial court's findings of duress and modification of the agreement regarding the marit
• Zbigniew-Jacob Litwinczuk, M.D. v. Palm Beach Cardiovascular Clinic, L.C.
  939 So. 2d 268· Fla. 4th DCA· 2006-10-18 ·cited 8×
  Dr. Litwinczuk appeals a temporary injunction enforcing a non-competition covenant that prohibited him from practicing cardiology within a reduced geographical area of Palm Beach County for two years after leaving his employer. The court affirmed the injunction, finding the clini
• Garrick Hatfield v. Autonation, Inc.
  939 So. 2d 155· Fla. 4th DCA· 2006-09-27 ·cited 8×·via Temporary Injunction
  Hatfield, a former general manager at an AutoNation dealership, appeals a temporary injunction prohibiting him from disclosing misappropriated trade secrets and restricting his employment in the automotive industry. The appellate court affirms, holding that AutoNation demonstrate
• Broward Cnty. v. Meiklejohn
  936 So. 2d 742· Fla. 4th DCA· 2006-08-23 ·cited 8×·via Preliminary Injunction
  Broward County appealed a trial court's grant of a preliminary injunction reinstating a terminated employee who alleged discrimination and retaliation. The appellate court reversed, holding that the trial court erred in presuming irreparable harm in employment discrimination case
• Politz v. Booth
  910 So. 2d 397· Fla. 4th DCA· 2005-09-21 ·cited 8×·via Permanent Injunction
  James Politz appeals his civil contempt conviction and a $500 fine imposed for violating a dating violence injunction. The court affirmed the contempt finding but reversed the fine because it lacked the coercive or compensatory characteristics required for civil contempt sanction
• Poliandro v. Springer
  899 So. 2d 441· Fla. 4th DCA· 2005-04-06 ·cited 8×·via Domestic Violence Injunction
  A putative father appeals the trial court's dismissal of his paternity petition on grounds of forum non conveniens, arguing the court improperly transferred jurisdiction to Alabama without following required procedural safeguards. The appellate court agrees, finding the trial cou
• Scarbrough v. Liberty Nat'l Life Ins. Co.
  872 So. 2d 283· Fla. 1st DCA· 2004-03-31 ·cited 8×
  Scarbrough, a former insurance agent for Liberty National, appeals a temporary injunction prohibiting him from soliciting Liberty's customers on behalf of his new employer, Colonial Life. The court affirms the injunction, holding that even when customers initiate contact, active
• Dep't OF Revenue v. The City OF Gainesville
  859 So. 2d 595· Fla. 1st DCA· 2003-11-26 ·cited 8×
  The Florida Court of Appeal upheld a trial court's declaration that a statute imposing ad valorem taxes on municipally-owned telecommunications property is facially unconstitutional. The court held that providing telecommunications services to residents constitutes a valid munici
• Huch v. Marrs
  858 So. 2d 1202· Fla. 3d DCA· 2003-11-12 ·cited 8×
  Alan Huch appeals the trial court's issuance of an injunction against repeat violence based on stalking under Florida law. The appellate court affirmed the injunction, holding that Huch's pattern of unwanted contact across state lines—including posing as a delivery man, sending f
• Magdalena Santos v. Tampa Med. Supply
  857 So. 2d 315· Fla. 2d DCA· 2003-10-10 ·cited 8×
  Former employee Santos appealed a temporary injunction restraining her from competing against her former employer Tampa Medical Supply in violation of a noncompete agreement. The court affirmed the injunction's entry but remanded for proper findings of fact and bond setting, find
• Caruso v. Super Vision Int'l, Inc.
  845 So. 2d 947· Fla. 5th DCA· 2003-04-25 ·cited 8×·via Temporary Injunction
  Appellants who were defendants in a breach of contract action appealed non-final orders finding them in civil contempt and striking their pleadings as sanctions. The appellate court converted the notice of appeal to a petition for writ of certiorari and denied relief, holding tha
• Farr v. Farr
  840 So. 2d 1166· Fla. 2d DCA· 2003-03-28 ·cited 8×·via Domestic Violence Injunction
  The court affirmed a divorce judgment but reversed the dismissal of a domestic violence injunction due to lack of notice and due process, and struck a post-appeal order for rehearing that the trial court lacked jurisdiction to enter.
• Pond Apple Place III Condo. Ass'n, Inc. v. Russo
  841 So. 2d 526· Fla. 4th DCA· 2003-02-26 ·cited 8×
  The Pond Apple Place III Condominium Association sought to enforce a restrictive covenant prohibiting dogs in the condominium by obtaining an injunction against unit owners who kept a dog despite repeated notices. The trial court dismissed the case as time-barred under specific p
• Meyers v. The Club AT Crystal Beach Club, Inc.
  826 So. 2d 1086· Fla. 5th DCA· 2002-10-04 ·cited 8×·via Ex Parte Injunction
  Neil Meyers and his son Jared appealed a trial court's denial of their motion to dissolve a temporary injunction and the vacation of a stipulation in a corporate dispute involving timeshare companies. The Florida Fifth District Court of Appeal affirmed both orders, finding no abu
• Fla. Power Corp. v. Town OF Belleair
  830 So. 2d 852· Fla. 2d DCA· 2002-08-30 ·cited 8×·via Mandatory Injunction
  The court held that the trial court erred in issuing a temporary injunction to compel continued payment of a franchise fee after the agreement expired, as it constituted an illegal tax and could not extend the contract terms.
• D.M. v. J.D.M
  814 So. 2d 1112· Fla. 4th DCA· 2002-04-03 ·cited 8×·via Domestic Violence Injunction
  The court affirmed the trial court's resolution of health care expenses but disagreed with the former wife's entitlement to the full amount of attorney's fees she incurred in enforcing the settlement agreement, as the agreement tied fees to default, not simply prevailing.
• Pinellas Classroom Teachers' Ass'n v. The Sch. Bd. OF Pinellas Cnty.
  805 So. 2d 937· Fla. 2d DCA· 2001-11-07 ·cited 8×·via Temporary Injunction
  The court affirmed the trial court's denial of a temporary injunction, finding no abuse of discretion.
• Shields v. The Paving Stone Co., Inc.
  796 So. 2d 1267· Fla. 4th DCA· 2001-10-17 ·cited 8×·via Modification Of Injunction
  The appellate court held that the temporary injunction order was overly broad and did not conform to the trial court's oral ruling, requiring modification.
• Frengut v. ZGOPLUS.COM, Inc.
  778 So. 2d 432· Fla. 4th DCA· 2001-02-07 ·cited 8×·via Temporary Injunction
• Varveris v. Alberto M. Carbonell, P.A.
  773 So. 2d 1275· Fla. 3d DCA· 2000-12-27 ·cited 8×·via Temporary Injunction
  Marie Varveris appeals a judgment ordering sale of her property in proceedings supplementary to execution. The Third District Court of Appeal reverses because Marie was not properly served or impleaded as a defendant, violating her due process rights to a full and fair hearing.
• Fasig v. Fla. Soc'y OF Pathologists
  769 So. 2d 1151· Fla. 5th DCA· 2000-11-09 ·cited 8×
  Patients and participants in a health benefits plan sought to intervene in a declaratory judgment action brought by pathologists and a professional organization against their health plan regarding billing for professional component charges. The trial court denied intervention, an
• Fla. Water Servs. Corp. v. Blue Stone Real Est. Constr.
  747 So. 2d 406· Fla. 5th DCA· 1999-11-05 ·cited 8×
  Florida Water Services Corporation appealed a temporary injunction prohibiting it from terminating water service to properties owned by Blue Stone Real Estate Construction and Avalon, Inc. The appellate court reversed the injunction because the trial court failed to include requi
• Garbutt v. LaFARNARA
  754 So. 2d 727· Fla. 2d DCA· 1999-10-29 ·cited 8×·via Permanent Injunction
  No reversible error occurred in the trial court's judgment for the plaintiff in an assault, battery, intentional infliction of emotional distress, and defamation case where the trial judge thoroughly considered the defendant's trial objections and comprehensively analyzed his mot
• Watkins v. Colonial Life & Accident Ins. Co.
  719 So. 2d 934· Fla. 5th DCA· 1998-09-11 ·cited 8×
  Wayne Watkins appeals a trial court's order enjoining him from breaching a noncompete clause in his employment contract with Colonial Life and ordering arbitration of damages. The appellate court reverses both orders, finding the permanent injunction was entered improperly withou
• Jeanni M. Cimino v. U.S. Sec. Ins. Co.
  715 So. 2d 1092· Fla. 1st DCA· 1998-08-13 ·cited 8×·via Temporary Injunction
  The court held that an insured seeking personal injury protection benefits is entitled to have her attorney present with a video camera during a physical examination, absent a valid reason for denial.
• Spiegel v. Haas
  697 So. 2d 222· Fla. 3d DCA· 1997-07-30 ·cited 8×·via Domestic Violence Injunction
  The court held that a trial court's discretion to extend a domestic violence injunction requires a reasonable basis for the petitioner's continued fear, not just the petitioner's professed fear.
• In re the Receivership OF Guar. Sec. Life Ins. Co. v. State
  678 So. 2d 828· Fla. 1st DCA· 1996-06-19 ·cited 8×·via Injunctive Order
  A receivership court has no statutory authority under section 631.041 to partially lift the automatic stay to allow a receiver to be named as a nominal defendant in an action against third parties, nor to prohibit discovery from the receiver without express authorization.
• Sigma Fin. Corp. v. Inv. Loss Recovery Servs., Inc.
  673 So. 2d 572· Fla. 4th DCA· 1996-05-22 ·cited 8×
  Sigma Financial Corporation and Jerome Rydell appealed the dismissal of their complaint against Investment Loss Recovery Services, Inc. and others, challenging claims of unauthorized practice of law and defamation. The court affirmed dismissal of most counts but reversed the dism
• Hillsborough Cnty. v. Lovelace
  673 So. 2d 917· Fla. 2d DCA· 1996-05-10 ·cited 8×
  Hillsborough County appealed a trial court's modification of a final judgment that had incorporated a stipulated agreement between the County and Lovelace regarding animal care standards. The appellate court reversed, holding that once a final judgment incorporates parties' joint
• Sethscot Collection, Inc. v. Drbul
  669 So. 2d 1076· Fla. 3d DCA· 1996-03-06 ·cited 8×·via Preliminary Injunction
  SethScot Collection appealed the trial court's denial of their preliminary injunction against a former officer and employee who opened a competing business. The appellate court reversed in part, finding that while the prospective customer list was not protectable as a trade secre
• Griffin v. Griffin
  665 So. 2d 352· Fla. 1st DCA· 1995-12-28 ·cited 8×
  The court held that the trial court erred in awarding sole parental responsibility without finding detriment to the child and in failing to conform the final judgment to oral pronouncements regarding an injunction.
• Metro. Dade Cnty. v. Pred
  665 So. 2d 252· Fla. 3d DCA· 1995-11-01 ·cited 8×
  The Third District Court of Appeal reversed the trial court's decision invalidating Dade County's Juvenile Curfew Ordinance, holding that the ordinance does not violate rights under the Florida or United States Constitutions. The court emphasized that juveniles possess fewer cons