Injunctive Relief

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

• Torrens v. Shaw
  257 So. 3d 168· Fla. 1st DCA· 2018-11-13 ·cited 1×
  A candidate who submits a properly executed check drawn upon his campaign account satisfies the qualifying requirements of section 99.061(7), and alleged violations of campaign finance law under chapter 106 do not disqualify a candidate from the ballot absent a criminal convictio
• Holiday Isle Improvement Ass'n, Inc. v. Destin Parcel 160, LLC
  257 So. 3d 582· Fla. 1st DCA· 2018-10-15 ·cited 1×
  An HOA association appealed an award of attorney's fees and costs to a developer in a declaratory judgment action arising from alleged violations of protective covenants. The court held that the developer, as the prevailing party, was entitled to recover attorney's fees and costs
• Roberts v. Miami-Dade Cnty.
  249 So. 3d 1309· Fla. 3d DCA· 2018-06-27 ·cited 1×
  An employee bound by a collective bargaining agreement must exhaust all administrative remedies available under the CBA, including filing a grievance, before bringing a court action. Failure to file a required grievance after an appeal is denied constitutes a failure to exhaust a
• Fla. Carry, Inc. v. Thrasher
  248 So. 3d 253· Fla. 1st DCA· 2018-05-25 ·cited 1×
  The court affirmed summary judgment for all defendants regarding the prohibition of defensive devices by concealed weapons license holders because defensive devices are not firearms or ammunition and thus fall outside the scope of section 790.33's preemption, and section 790.06 d
• Rivero v. Farach
  247 So. 3d 632· Fla. 3d DCA· 2018-05-16 ·cited 1×
  An online blog post is not a judicial court record subject to confidentiality protections under Florida Rule of Judicial Administration 2.420 merely because it contains a screenshot of information from a previously sealed criminal proceeding. A party seeking to seal court records
• Mullen v. Bal Harbour Vill.
  241 So. 3d 949· Fla. 3d DCA· 2018-03-21 ·cited 1×
  A municipality may decline to forward petition signatures for a charter amendment to the Supervisor of Elections when the proposed amendment conflicts with state law, here section 163.3167(8)(a), which prohibits local referenda on development orders. The trial court did not abuse
• Balmaseda v. Okay Ins. Exch. of Am., LLC
  240 So. 3d 146· Fla. 3d DCA· 2018-03-14 ·cited 1×
  Attorney's fees awarded for success on an interlocutory appeal are only recoverable if the party prevailing on that appeal also ultimately prevails in the trial court. The trial court prematurely awarded fees when the underlying counterclaim remained unresolved.
• Pelican Creek v. Pulverenti
  Fla. 5th DCA· 2018-01-29 ·cited 1×
  Abutting property owners receive title to the full width of property subject to a public common law dedication when that dedication is located on the edge of a subdivision plat, and injunctive relief is the appropriate remedy for continuous trespass.
• Discount Sleep v. City of Ocala
  Fla. 5th DCA· 2018-01-01 ·cited 1×
  The trial court erred in denying class certification. The class representatives established standing by alleging they suffered concrete economic injury from paying the allegedly unlawful fire service user fees. The commonality requirement was satisfied because all class members'
• Orange Cnty. v. Fla. Ass'n FOR Constitutional Officers, Inc.
  229 So. 3d 867· Fla. 5th DCA· 2017-10-13 ·cited 1×
  The court held that the trial court's order granting a temporary injunction without notice was improper because it failed to comply with Florida Rule of Civil Procedure 1.610.
• Mathers v. Wakulla Cnty.
  219 So. 3d 140· Fla. 1st DCA· 2017-05-02 ·cited 1×
  The Matherses appealed a summary judgment dismissing their claims that Kristin Lane became a county road under Florida's statutory-presumed dedication statute. The court held that acceptance by the government entity is not required for statutory-presumed dedication and that priva
• Finn LAW Grp., P.A. v. Orange Lake Country Club, Inc.
  206 So. 3d 169· Fla. 5th DCA· 2016-12-16 ·cited 1×
  The court held that compelling a privilege log for documents that appear privileged constitutes a departure from the essential requirements of law, causing irreparable injury.
• Ballantrae Homeowners Ass'n, Inc. v. Fed. Nat'l Mortg. Ass'n
  203 So. 3d 938· Fla. 2d DCA· 2016-09-02 ·cited 1×
  This case involves a homeowners association's appeal of summary judgments granted to Fannie Mae. The appellate court reversed, holding that Fannie Mae, as a purchaser of foreclosed properties, remained liable for unpaid assessments that accrued before its ownership because the as
• Dep't OF Bus. & Prof'l Reg. v. Fla. Ass'n OF Wholesale Distribs., Inc.
  198 So. 3d 981· Fla. 2d DCA· 2016-08-10 ·cited 1×
  The Florida Department of Business and Professional Regulation appealed a circuit court order addressing the proper interpretation of a tobacco tax statute, arguing the order constituted an appealable injunction. The appellate court dismissed the appeal for lack of jurisdiction,
• LE Scampi Condo. Ass'n, Inc. v. Hall
  200 So. 3d 187· Fla. 2d DCA· 2016-07-08 ·cited 1×
  Le Scampi Condominium Association sued unit owners for leasing their unit without approval and for less than one month, violating the Association's Rules and Regulations. The trial court held those rules unenforceable as conflicting with the Declarations of Condominium, but the a
• Jensen v. Pinellas Cnty.
  198 So. 3d 754· Fla. 2d DCA· 2016-02-26 ·cited 1×
  Jeffrey Jensen challenged a Pinellas County ordinance regulating firearm sales, raising Second Amendment, Equal Protection, and state constitutional claims. The Florida District Court of Appeal reversed the circuit court's broad declaratory judgment upholding the entire ordinance
• Dep't OF Educ. v. Educ. Charter Found. OF Fla., Inc.
  177 So. 3d 1036· Fla. 1st DCA· 2015-11-03 ·cited 1×
  The Department of Education appealed a summary judgment enjoining it from declassifying Imagine Schools as a high-performing charter school based on a single 'C' grade. The court affirmed, holding that subsection (4) of the charter school statute—requiring two 'C' grades before d
• Fed. Nat'l Mortg. Ass'n v. Legacy Parc Condo. Ass'n, Inc.
  177 So. 3d 92· Fla. 5th DCA· 2015-10-16 ·cited 1×
  The trial court erred in dismissing Fannie Mae's complaint with prejudice at the pleading stage, as Fannie Mae had standing and stated a legally sufficient cause of action.
• Homeowners Prop. & Cas. Ins. Co., Inc. v. Hurchalla
  171 So. 3d 230· Fla. 4th DCA· 2015-08-12 ·cited 1×
  An insurance company sought certiorari review of a circuit court order staying its declaratory judgment action regarding coverage under a homeowner's policy, pending resolution of an underlying tort action against the insured. The appellate court granted the petition and quashed
• Sowell v. State OF Fla. Dep't OF Revenue In re: The Matter of Certain Decisions of the 2012 Bay Cnty. Value Adjustment Bd.
  168 So. 3d 355· Fla. 1st DCA· 2015-07-21 ·cited 1×
  The Bay County Property Appraiser appealed the Department of Revenue's determination that there was no probable cause to find that the Value Adjustment Board violated Florida law by allowing special magistrates to deduct 15% from property market values based on certain statutory
• BAY Area Injury Rehab Specialists Holdings, Inc. v. United Servs. Auto. Ass'n
  173 So. 3d 1004· Fla. 2d DCA· 2015-06-10 ·cited 1×
  Bay Area Injury Rehab Specialists Holdings, Inc. (BAIRS), a health care provider and assignee of patients who opted out of a prior class action settlement against USAA insurance companies, sought class certification to pursue claims for unpaid personal injury protection (PIP) ben
• Condron v. Arey
  165 So. 3d 51· Fla. 5th DCA· 2015-05-15 ·cited 1×
  The Condrons appealed a trial court judgment that construed a ten-foot easement as coterminous with the described easement area, and the Stocktons cross-appealed a prohibition on transporting horses across the easement. The appellate court affirmed the coterminous interpretation
• Gus Maestrales v. Flaherty
  183 So. 3d 1036· Fla. 5th DCA· 2015-04-10 ·cited 1×
  Gus Maestrales appeals an amended temporary injunction requiring him to return a dog to his stepfather, James Leo Flaherty. The court affirmed the injunction, found the appeal frivolous, and awarded sanctions against Maestrales and his counsel for attorney's fees.
• Yampol v. Turnberry Isle S. Condo. Ass'n, Inc.
  143 So. 3d 1144· Fla. 3d DCA· 2014-08-06 ·cited 1×
  A residential condominium owner appeals an injunction order requiring him to permanently remove improvements from his rooftop parapet walls. The appellate court reverses the permanent removal requirement as beyond the scope of the association's pleadings and remands, while affirm
• Jamil J. Agemy v. Health Bus. Solutions, LLC
  117 So. 3d 896· Fla. 4th DCA· 2013-07-24 ·cited 1×
  The court reversed the trial court's order canceling a hearing on the appellants' motion to dissolve two temporary restraining orders. The court found that the trial court erred in denying the motion without an evidentiary hearing, particularly because the predecessor judge had i
• Berkovich v. CASA Paradiso N., Inc.
  125 So. 3d 938· Fla. 4th DCA· 2013-05-29 ·cited 1×
  A unit owner appealed a summary judgment in favor of a housing cooperative, challenging the validity of bylaw amendments allegedly adopted without a quorum present. The appellate court agreed, holding that absentee ballots cannot be counted toward establishing a quorum and that s
• Yacht Club on the Intracostal Condo. Ass'n v. Lexington Ins.
  760 F. Supp. 1239· S.D. Fla.· 2013-05-10 ·cited 1×
  The court held that the plaintiff's failure to provide prompt notice of the loss, and its subsequent failure to rebut the presumption of prejudice to the insurer, warranted summary judgment for the defendant.
• Int'l Bhd. of Teamsters v. Amerijet Int'l, Inc.
  1989 WL 224896· S.D. Fla.· 2013-03-18 ·cited 1×
  The court granted in part and denied in part the motion to dismiss, dismissing Count IV for failure to state a claim but denying dismissal for Counts V and VI.
• Williams v. Sec'y, U.S. Dep't of Homeland Sec.
  1990 WL 52125· M.D. Fla.· 2013-02-27 ·cited 1×
  The court held that a widow's eligibility for adjustment of status based on a deceased U.S. citizen spouse terminates upon remarriage, as per the plain language of immigration statutes.
• Harrell v. Florida Bar
  490 F. Supp. 2d 381· M.D. Fla.· 2011-09-30 ·cited 1×
  The court held that the Florida Bar Rules prohibiting "quality of legal services" statements and "promises results" are not unconstitutionally vague, as they provide sufficient notice and enforcement standards for lawyers of ordinary intelligence.
• Wilson v. Palm Beach Cnty.
  62 So. 3d 1247· Fla. 4th DCA· 2011-06-15 ·cited 1×
  A nursery operator challenged Palm Beach County's enforcement of zoning ordinances and special permit conditions against his agricultural operations, claiming they were preempted by Florida's Right to Farm Act. The Fourth District Court of Appeal affirmed that the Act does not pr
• Smurfit-Stone Container Enters., Inc. v. Zion Jacksonville Ltd. P'ship
  52 So. 3d 55· Fla. 1st DCA· 2010-12-21 ·cited 1×
  Smurfit-Stone sought declaratory and injunctive relief to enforce a right of first offer (ROFO) on an adjoining parcel that Zion sold to Jacksonville without notice. The court reversed the trial court's summary judgment dismissing the declaratory relief claim, holding that the un
• Russell-Brown v. Jerry
  231 F. Supp. 284· N.D. Fla.· 2010-08-19 ·cited 1×
  The court granted the plaintiff's motion for voluntary dismissal without prejudice, but conditioned it upon the plaintiff reimbursing the defendants for their reasonable costs and attorney's fees incurred in both the original and current Florida cases.
• Log Creek, LLC. v. Kessler
  717 F. Supp. 2d 1239· N.D. Fla.· 2010-06-03 ·cited 1×
  The court held that equal protection claims were adequately alleged, but procedural due process, taking, open meeting, and defamation claims failed for various reasons including ripeness, immunity, lack of recurrence, and failure to allege fault.
• The Tribune Co. Holdings, Inc. v. State
  34 So. 3d 762· Fla. 1st DCA· 2010-04-29 ·cited 1×
  Tribune Company Holdings and Media General Operations appealed the dismissal of their complaint seeking tax refunds and declaratory relief regarding SIC code classification. The court reversed the dismissal, holding that the complaint stated a valid cause of action for declarator
• Kozak v. Hillsborough Pub. Transp. Comm'n
  695 F. Supp. 2d 1285· M.D. Fla.· 2010-02-16 ·cited 1×
  The court held that the plaintiff's claim under 49 U.S.C. § 14501(a)(1)(C) presented a justiciable issue of law regarding whether his 15-passenger vehicle constituted a 'bus' for charter transportation purposes, and that the claim under 49 U.S.C. § 14501(c)(1) was also justiciabl
• Johnson v. Gulf Cnty.
  26 So. 3d 33· Fla. 1st DCA· 2009-12-22 ·cited 1×
  Johnson challenged Gulf County's failure to enforce its comprehensive plan and land development regulations against Rish's clearing and filling of wetlands on his property near Johnson's home. The appellate court reversed the trial court's judgment, holding that the County erred
• Dep't OF Transp. v. City OF Miami
  20 So. 3d 908· Fla. 3d DCA· 2009-09-23 ·cited 1×
  The Florida Department of Transportation and other state agencies appealed a trial court order denying their motion to change venue in a case brought by the City of Miami regarding homeless encampments under a bridge. The court reversed, holding that the City failed to establish
• Flava Works, Inc. v. City of Miami
  595 F. Supp. 2d 1341· S.D. Fla.· 2009-01-27 ·cited 1×
  The court held that the City of Miami's zoning ordinance, which is designed to regulate establishments offering adult entertainment at a physical location, cannot be applied to a residence where the public offering of such entertainment occurs solely in cyberspace.
• Washington v. Fla. Dep't of Child. & Families
  595 F. Supp. 2d 1291· M.D. Fla.· 2009-01-27 ·cited 1×
  The court held that it lacked personal jurisdiction over the defendants because the alleged tortious acts and resulting injuries occurred in Ohio, not Florida, and the plaintiff's conspiracy allegations were too vague to establish jurisdiction.
• United States v. Cruz
  618 F. Supp. 2d 1372· S.D. Fla.· 2008-12-30 ·cited 1×
  The court held that while defendants engaged in conduct impeding IRS administration, their efforts to correct past behavior and implement new procedures warranted keeping them in business with an injunction against offending conduct.
• Miccosukee Tribe of Indians of Florida v. United States
  574 F. Supp. 2d 1360· S.D. Fla.· 2008-09-02 ·cited 1×
  The court held that the plaintiff tribe failed to adequately allege Article III standing because it did not demonstrate a concrete and particularized injury in fact related to the Tamiami Trail Modification Project.
• Nat'l Parks Conservation Ass'n v. United States Army Corps of Eng'rs
  574 F. Supp. 2d 1314· S.D. Fla.· 2008-08-22 ·cited 1×
  The court held that the plaintiffs' claims were rendered moot by the expiration of the challenged Clean Water Act permit, as no effective relief could be granted.
• Olen Props. Corp. v. Moss
  984 So. 2d 558· Fla. 4th DCA· 2008-05-14 ·cited 1×
  The court held that a lease provision allowing a tenant to cancel after seven months with a one-month rent fee is valid, but a provision allowing three months' rent as liquidated damages upon tenant default is void under the Florida Residential Landlord and Tenant Act.
• Dunkin' Donuts Franchised Rests. LLC v. Cardillo Cap., Inc.
  551 F. Supp. 2d 1333· M.D. Fla.· 2008-02-25 ·cited 1×
  The court held that plaintiffs were entitled to summary judgment on liability for breach of contract and trademark infringement claims, and on damages for some breach of contract claims, but denied damages for attorney fees in a related dismissed case.
• Burke v. Windjammer Barefoot Cruises
  972 So. 2d 1108· Fla. 3d DCA· 2008-01-30 ·cited 1×
  Burke appeals the dismissal of his counterclaims against his former employer Windjammer Barefoot Cruises for breach of employment contract and declaratory judgment. The court reversed, finding that Windjammer waived its right to arbitrate by litigating for over five months withou
• Palazzo LAS Olas Grp. LLC v. City OF Fort Lauderdale
  966 So. 2d 497· Fla. 4th DCA· 2007-10-17 ·cited 1×
  Palazzo Las Olas Group challenged a trial court's dismissal of its twelve-count complaint against the City of Fort Lauderdale and others, arguing that its sole remedy was certiorari review of the denial of site plan approval. The appellate court held that while certiorari is the
• The Redland Co., Inc. v. Atl. Civil, Inc.
  961 So. 2d 1004· Fla. 3d DCA· 2007-07-11 ·cited 1×
  Redland sought a writ of certiorari to quash a trial court order compelling production of corporate tax returns, general ledgers, and supporting documents from 1997 forward. The appellate court granted the petition, finding the discovery order overbroad because it extended to yea
• Ness Racquet Club, LLC v. Renzi Holdings, Inc.
  959 So. 2d 758· Fla. 3d DCA· 2007-05-23 ·cited 1×
  Ness Racquet Club sought certiorari review to discharge a lis pendens filed by Renzi Holdings against property owned by Ness. The court granted the petition and ordered discharge, holding that an unrecorded service agreement cannot support the filing of a lis pendens because it d
• Coffee Bean Trading-Roasting, LLC v. Coffee Holding, Inc.
  510 F. Supp. 2d 1075· S.D. Fla.· 2007-04-20 ·cited 1×
  The court held that the forum selection clause in the Operating Agreement was mandatory, requiring litigation in Delaware.