Injunctive Relief

8,020 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Shasho v. Euro Motor Sport, Inc.
  979 So. 2d 343· Fla. 4th DCA· 2008-04-09 ·cited 2×
  Harry Shasho appeals a defamation judgment entered against him after a non-jury trial on damages. The court reverses and remands because Shasho never affirmatively consented to waive the jury trial demand made by the plaintiffs in their original complaint, and Florida law require
• Moranos v. Royal Caribbean Cruises, Ltd.
  565 F. Supp. 2d 1337· S.D. Fla.· 2008-04-02 ·cited 2×
  The court held that plaintiffs lacked standing to bring an ADA claim for injunctive relief and therefore dismissed the ADA claim, relinquishing jurisdiction over the remaining state law claims.
• Diaz v. Cobb
  541 F. Supp. 2d 1319· S.D. Fla.· 2008-03-25 ·cited 2×
  The court found that Florida's voter registration deadline, while imposing a burden on voters, is a reasonable and nondiscriminatory restriction justified by the state's legitimate interest in orderly and efficient election administration.
• Hernando Cnty. v. Morana
  979 So. 2d 276· Fla. 5th DCA· 2008-02-22 ·cited 2×
  The Fifth District Court of Appeal reversed a circuit court's denial of a petition for writ of prohibition, holding that county courts lack subject matter jurisdiction over class actions when the aggregated claims of all class members exceed $15,000. The court reaffirmed that agg
• Xerox Corp. & Ricardo Vescovacci v. Smartech Document Mgmt., Inc.
  979 So. 2d 957· Fla. 3d DCA· 2007-11-28 ·cited 2×
  Xerox and a company president appeal an order denying their motion to compel arbitration of defamation and tortious interference claims brought by their former authorized sales agent. The court reversed, holding that the broad arbitration clause covers the dispute and that thresh
• Johnson v. Gulf Cnty.
  965 So. 2d 298· Fla. 1st DCA· 2007-09-18 ·cited 2×
  Appellants challenged a trial court's dismissal of their complaint alleging that a neighboring property owner violated wetland protections under Florida law and the county's comprehensive plan. The court reversed the dismissal, holding that the trial court abused its discretion b
• Dep't OF Corr. v. Daughtry
  954 So. 2d 659· Fla. 5th DCA· 2007-04-05 ·cited 2×
  The Florida Department of Corrections appealed a trial court injunction prohibiting the automatic violation of sex offender probation for those unable to provide a compliant residence address before release from incarceration. The appellate court reversed the injunction on proced
• Kuehn v. Cadle Co.
  7 A.F.T.R.2d (RIA) 840· M.D. Fla.· 2007-03-15 ·cited 2×
  The appellate court reversed a summary judgment for the appellee, holding that partial payments on a loan guaranty did not toll the statute of limitations until the date of the last payment, but rather for a period of one month per payment.
• Gay-Straight Alliance of Okeechobee High Sch. v. Sch. Bd.
  477 F. Supp. 2d 1246· S.D. Fla.· 2007-03-13 ·cited 2×
  An unincorporated association has standing to bring a claim under 42 U.S.C. § 1983, and the plaintiffs adequately pleaded a claim against the school board.
• Lockridge v. City of Oldsmar
  475 F. Supp. 2d 1240· M.D. Fla.· 2007-02-27 ·cited 2×
  The court held that plaintiff lacks standing to challenge the entire sign ordinance, but has standing to challenge the specific provision under which his applications were denied, and that the case is moot due to the ordinance's repeal without evidence of bad faith.
• Jackson-Shaw Co. v. Jacksonville Aviation Auth.
  2007 U.S. Dist. LEXIS 844· M.D. Fla.· 2007-01-08 ·cited 2×
  The court held that the Jacksonville Aviation Authority's lease agreement with Majestic Realty Company was not unlawful under JAA's Charter, Florida Statutes, or the Florida Constitution, as it did not constitute an unlawful joint ownership or lending of credit.
• State v. Tidey
  946 So. 2d 1223· Fla. 4th DCA· 2007-01-03 ·cited 2×
  The Florida District Court of Appeal reversed a trial court's grant of a writ of prohibition that sought to disqualify all Department of Highway Safety and Motor Vehicles (DHSMV) non-lawyer hearing officers and prevent communications between hearing officers and department staff
• Stoddard v. Fla. Bd. of Bar Exam'rs
  509 F. Supp. 2d 1117· N.D. Fla.· 2006-12-22 ·cited 2×
  Federal court must abstain from hearing claims for injunctive relief from ongoing state bar admission proceedings under the Younger doctrine, and damages claims are barred by Eleventh Amendment immunity or qualified immunity, or fail to state a claim under the ADA.
• The Vill. OF Wellington v. Palm Beach Cnty.
  941 So. 2d 595· Fla. 4th DCA· 2006-11-22 ·cited 2×
  Municipal appellants challenged the validity of a 2004 Palm Beach County Charter amendment establishing an exclusive method for voluntary municipal annexation. The trial court found the amendment partially valid but severed three invalid provisions. The appellate court affirmed,
• Peter F. Merkle, M.D., P.A. v. Health Options, Inc.
  940 So. 2d 1190· Fla. 4th DCA· 2006-10-18 ·cited 2×
  A medical provider sued HMOs alleging they violated Florida Statute 641.513(5) by underpaying emergency services using a 120% Medicare formula rather than the statutory standard of usual and customary charges. The appellate court reversed dismissal of the statutory violation, unj
• L'Etoile Homeowners Ass'n, Inc. v. Fresolone
  940 So. 2d 1170· Fla. 4th DCA· 2006-09-20 ·cited 2×
  The L'Etoile Homeowners Association appealed a summary judgment ruling that found the Fresolones did not violate their property's Declaration of Covenants by installing a wall air conditioning unit. The court reversed, holding that material factual disputes existed regarding whet
• Fuller v. Dura-Stress Underground, Inc.
  939 So. 2d 143· Fla. 5th DCA· 2006-09-15 ·cited 2×
  The court held that the venue provision in the shareholders' agreement controlled, requiring all counts to be transferred to Brevard County.
• Kolb v. D.L. Fusco
  927 So. 2d 231· Fla. 4th DCA· 2006-05-03 ·cited 2×
  A Florida appellate court affirms the dismissal of a prison inmate's civil complaint for damages regarding lost personal property because the inmate failed to file a required affidavit of indigency. The court rejects the inmate's challenge to the dismissal, holding that complianc
• Karz v. Dickenson
  932 So. 2d 426· Fla. 2d DCA· 2006-04-21 ·cited 2×
  Edward Karz appeals the trial court's decision upholding the Department of Highway Safety and Motor Vehicles' administrative imposition of an ignition interlock device restriction on his driver's license following a third DUI conviction. The court reverses, holding that the DHSMV
• Smith v. Crider
  932 So. 2d 393· Fla. 2d DCA· 2006-04-07 ·cited 2×
  Mother appealed an order denying her motion to dissolve an ex parte temporary injunction that modified a final dissolution judgment by awarding father temporary sole parental responsibility and prohibiting mother from removing the children from jurisdiction. The appellate court r
• Rayvon L. Boatman v. Fla. Dep't OF Corr.
  924 So. 2d 906· Fla. 1st DCA· 2006-03-23 ·cited 2×
  The court affirmed dismissal of moot claims for declaratory and injunctive relief but reversed dismissal of damages claims arising from alleged excessive force and medical indifference, remanding for trial court consideration of the merits.
• Johnson v. Harrell
  922 So. 2d 1056· Fla. 1st DCA· 2006-03-10 ·cited 2×
  A party waives their right to arbitration if they initiate a lawsuit seeking to litigate the same issues that are subject to arbitration.
• A-Ryan Staffing Solutions Inc. v. ACE Staffing Mgmt. Unlimited, Inc.
  917 So. 2d 1000· Fla. 5th DCA· 2005-12-30 ·cited 2×
  A-Ryan Staffing Solutions appeals a denial of its motion to change venue from Lake County to Seminole or Orange County in a non-compete dispute. The court reverses, holding that venue in Lake County is improper because A-Ryan, a non-signatory corporate defendant with its only off
• Fla. Wildlife Fed'n v. United States Army Corps of Eng'rs
  404 F. Supp. 2d 1352· S.D. Fla.· 2005-11-10 ·cited 2×
  The court held that the appropriate remedy for the Corps' violation of NEPA was to set aside the permit, remand for further proceedings, and enjoin further construction pending adequate environmental review, with exceptions for Scripps' buildings.
• Lake Rosa & Lake Swan Coal., Inc. v. Bd. OF Cnty. Comm'rs
  911 So. 2d 206· Fla. 5th DCA· 2005-09-23 ·cited 2×
  Lake Rosa and Lake Swan Coalition challenged the Board of County Commissioners' issuance of a building permit to the Christian and Missionary Alliance for expansion of its camp facilities. The court held that the amended Comprehensive Plan in effect at the time the permit was iss
• Burger King Corp. v. Lumbermens Mut. Cas. Co.
  410 F. Supp. 2d 1249· S.D. Fla.· 2005-06-30 ·cited 2×
  The court held that the insurance policy did not cover intentional discrimination claims, and BKC's arguments for coverage were unpersuasive.
• STS Telecom, LLC v. Jacobsen
  901 So. 2d 980· Fla. 4th DCA· 2005-05-11 ·cited 2×
  The Fourth District affirmed the trial court's denial of a temporary injunction to enforce a non-compete covenant because the appellant failed to establish an adequate remedy at law, an essential prerequisite for injunctive relief.
• Sabeta v. Baptist Hosp. of Miami, Inc.
  410 F. Supp. 2d 1224· S.D. Fla.· 2005-02-23 ·cited 2×
  The court held that a hospital's tax-exempt status under 26 U.S.C. § 501(c)(3) does not create a contract with the government or an implied charitable trust enforceable by patients, and thus dismissed claims based on these theories.
• United States v. Livdahl
  356 F. Supp. 2d 1289· S.D. Fla.· 2005-01-11 ·cited 2×
  The court granted the plaintiff's motion for a preliminary injunction, finding a substantial likelihood that defendants violated the FDCA and federal fraud statutes through deceptive practices in marketing an unapproved drug.
• Palm Beach Polo Holdings, Inc. v. G & G Marine, Inc.
  889 So. 2d 173· Fla. 4th DCA· 2004-12-15 ·cited 2×
• Smith v. Foremost Ins. Co.
  884 So. 2d 341· Fla. 2d DCA· 2004-09-10 ·cited 2×
  Smith appealed a summary judgment in favor of Foremost Insurance Company and American Federation Insurance Company regarding premium service charges on installment payments. The court reversed, holding that Foremost's Flex-A-Bill service fees were subject to Florida's premium fin
• Brother v. Miami Hotel Invs., Ltd.
  341 F. Supp. 2d 1230· S.D. Fla.· 2004-08-09 ·cited 2×
  The court held that while the Consent Decree mandated payment of attorneys' fees, the reasonableness of the hours expended and the hourly rates must be determined, leading to a reduction in the requested amount due to excessive, redundant, and unnecessary billing practices.
• City OF Cocoa Beach v. Vacation Beach, Inc.
  876 So. 2d 719· Fla. 5th DCA· 2004-07-02 ·cited 2×
  The City of Cocoa Beach appeals a contempt order imposing sanctions for violating an injunction that stayed enforcement of voter-approved referendum amendments restricting building height and density. The appellate court reversed, holding that the injunction only prohibited enfor
• Martin v. Wilcox
  876 So. 2d 695· Fla. 1st DCA· 2004-06-29 ·cited 2×
  The trial court erred by denying the defendant's motion for rehearing on the settlement agreement without considering its merits.
• Island, Inc. v. The City OF Bradenton Beach
  884 So. 2d 107· Fla. 2d DCA· 2004-06-23 ·cited 2×
  Island, Inc. and Beach Development, Inc. appealed the denial of their petition to amend the City of Bradenton Beach's comprehensive plan to allow residential development on their property. The court reversed, holding that the city's denial of the small-scale development amendment
• Lutz v. Protective Life Ins.
  328 F. Supp. 2d 1350· S.D. Fla.· 2004-06-14 ·cited 2×
  The court held that the defendant failed to establish that the amount in controversy exceeded $75,000, and therefore, the case was improvidently removed.
• EDE Props., Inc. v. Bernhard Eckert
  872 So. 2d 385· Fla. 4th DCA· 2004-04-28 ·cited 2×
  EDE Properties and Edward Eckert appealed a trial court's denial of their motion for additional damages nearly a year after a final judgment was entered and satisfied. The appellate court affirmed, holding that once a judgment is satisfied, it is no longer subject to amendment, a
• Rylander v. Benny Teschouva
  877 So. 2d 7· Fla. 3d DCA· 2004-04-21 ·cited 2×
  A hybrid 'bonded fine' sanction containing both compensatory and coercive elements is an invalid coercive civil contempt sanction.
• Neuman v. Grandview AT Emerald Hills, Inc.
  861 So. 2d 494· Fla. 4th DCA· 2003-12-03 ·cited 2×
  A condominium association rule banning religious services in a common element auditorium does not unreasonably restrict a unit owner's right to peaceably assemble under section 718.123, Florida Statutes.
• Gutherman v. 7-Eleven, Inc.
  278 F. Supp. 2d 1374· S.D. Fla.· 2003-08-20 ·cited 2×
  The court adopted the magistrate judge's recommendation to grant the motion to dismiss the amended complaint for lack of standing, with leave to amend.
• CBS Broad., Inc. v. EchoStar Commc'ns Corp.
  67 U.S.P.Q. 2d (BNA) 1545· S.D. Fla.· 2003-06-10 ·cited 2×
  The court held that EchoStar infringed on Plaintiffs' copyrights by retransmitting distant network signals to "served" households, violating the Satellite Home Viewer Act (SHVA) and its amendments.
• Miccosukee Tribe of Indians of Florida v. United States
  259 F. Supp. 2d 1237· S.D. Fla.· 2003-02-28 ·cited 2×
  The court held that the tribe's claims challenging the ISOP and ISOP 2001 are moot because these plans have been superseded by the new Interim Operating Plan (IOP).
• Coral Springs St. Sys., Inc. v. City of Sunrise
  287 F. Supp. 2d 1313· S.D. Fla.· 2003-02-21 ·cited 2×
  The court held that the City's Sign Code was unconstitutional on its face because it favored commercial speech over noncommercial speech and contained impermissible content-based restrictions, and that the plaintiff had a vested right to the permit applied for under the prior unc
• Alachua Cnty. v. Fla. Rock Indus., Inc.
  834 So. 2d 370· Fla. 1st DCA· 2003-01-14 ·cited 2×
  The court held that upon annexation, the municipality becomes the successor in interest to development agreements entered into by the county, as the county loses jurisdiction.
• Cayman Mfg., Inc. v. State
  833 So. 2d 177· Fla. 4th DCA· 2002-11-20 ·cited 2×
  Cayman Manufacturing appeals a trial court order transferring venue from Broward County to Leon County in a declaratory judgment action against the Department of Revenue. The Fourth District Court of Appeal reversed, holding that the sword-wielder exception to the home venue priv
• Fun Spot of Fla., Inc. v. Magical Midway of Cent. Fla., Ltd.
  242 F. Supp. 2d 1183· M.D. Fla.· 2002-11-06 ·cited 2×
  The court adopted the Magistrate Judge's recommendation, granting summary judgment for plaintiffs on several affirmative defenses and part of the counterclaim, while denying summary judgment for defendants on their motion.
• State v. Rendon
  832 So. 2d 141· Fla. 3d DCA· 2002-10-30 ·cited 2×
  The State of Florida appeals from orders granting class certification and summary judgment in a case challenging fees imposed on handicapped parking placards under Title II of the Americans with Disabilities Act. The court reverses, holding that sovereign immunity bars claims aga
• City OF Gainesville v. Watson Constr. Co., Inc.
  815 So. 2d 785· Fla. 1st DCA· 2002-05-13 ·cited 2×
  The City of Gainesville appealed a trial court's grant of temporary injunctive relief against enforcement of a development permit moratorium. The appellate court affirmed the injunction on the merits but remanded for the trial court to address the bond requirement mandated by rul
• Advocacy Ctr. for Persons With Disabilities, Inc. v. Woodlands Ests. Ass'n
  192 F. Supp. 2d 1344· M.D. Fla.· 2002-01-31 ·cited 2×
  The court held that the homeowners' association violated the Fair Housing Act by refusing to make a reasonable accommodation to its deed restrictions for a group home for developmentally disabled individuals.
• Midland Mgmt., LLC. v. Burger King Corp.
  217 F. Supp. 2d 1261· S.D. Fla.· 2001-12-28 ·cited 2×
  Summary judgment is granted for Burger King Corporation on Counts I-V because California statutory claims are barred by the choice of law provision and the Franchise Relations Act, the Unruh Act claim lacks evidence of animus, and the breach of contract claim is established by un