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M.D. Fla.·
2022-02-11
The court held that the plaintiff inmate's filing was insufficient to warrant injunctive relief and dismissed the case without prejudice.
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Fla. 5th DCA·
2022-02-10
The Florida District Court of Appeal, Fifth District, affirmed a trial court's summary judgment granting immediate single-class elections to Bluegreen Vacations Unlimited and Vacation Trust, which collectively controlled approximately 33% of voting units in the Outrigger Beach Cl
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Fla. 5th DCA·
2022-02-03
The Florida Fifth District Court of Appeal reversed a trial court's dismissal of a declaratory judgment and injunctive relief complaint challenging the interpretation of a Brevard County Charter provision regarding ad valorem tax revenue increases. The court held that the trial c
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S.D. Fla.·
2022-02-01
The court denied the Plaintiff's Emergency Motion for a Temporary Restraining Order (TRO).
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S.D. Fla.·
2022-01-27
The Court held that the Plaintiff's emergency motion to enjoin a parallel lawsuit was an improper use of emergency procedures and denied it.
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Fla. 1st DCA·
2022-01-26
The appellate court affirmed the dismissal of most claims but reversed the denial of leave to amend the complaint. The court emphasized the strong public policy in Florida favoring liberal amendment of pleadings to allow cases to be decided on their merits.
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M.D. Fla.·
2022-01-25
The court held that a genuine dispute of material fact exists regarding the plaintiff's excessive force claim, precluding summary judgment for the defendants on qualified immunity. The court also found the request for injunctive relief moot due to the plaintiff's transfer.
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S.D. Fla.·
2022-01-21
The SEC sued Justin Keener for operating as an unregistered securities dealer in violation of the Exchange Act by purchasing convertible notes from microcap companies, converting them to stock at substantial discounts, and selling billions of shares for profit between 2015 and 20
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M.D. Fla.·
2022-01-19
The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 because his allegations were too vague and lacked specific facts to support his constitutional claims. The court dismissed the complaint without prejudice, granting leave to amend.
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Fla. 3d DCA·
2022-01-12
The court denied petitions for certiorari from both the City of Coral Gables and Alliance Starlight III, LLC. Both parties sought to quash different parts of a lower court's opinion that had already quashed a city resolution ratifying a settlement agreement. Since neither party d
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Fla. 3d DCA·
2022-01-12
The court denied petitions for certiorari from both the City of Coral Gables and Alliance Starlight III, LLC. Both parties sought to quash different parts of a lower court's opinion that had already quashed a city resolution ratifying a settlement agreement. Since neither party d
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S.D. Fla.·
2022-01-11
The court granted Plaintiff's motion for entry of final default judgment against Defendants for trademark, copyright, and patent infringement.
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S.D. Fla.·
2022-01-10
The court held that a stay of proceedings was not warranted under the doctrine of primary jurisdiction or the first-filed rule, as the plaintiff's claims involved broader trademark issues beyond the TTAB's scope and the plaintiff was entitled to prompt resolution.
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M.D. Fla.·
2022-01-07
The court held that the plaintiff sufficiently alleged a plausible claim for violation of the Florida Security Communications Act (FSCA) regarding the recording of live chat communications via session replay software, and that the claim for declaratory relief was not duplicative.
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S.D. Fla.·
2022-01-03
The court denied the plaintiff's motion for default judgment because the pleadings lacked sufficient allegations of ownership and specific requests for injunctive relief.
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S.D. Fla.·
2021-12-30
The court held that a jury trial is not available for claims under Title III of the ADA or its retaliation provisions, but is available for claims under the Rehabilitation Act.
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S.D. Fla.·
2021-12-30
The court granted in part and denied in part Plaintiff's motion for default judgment, finding sufficient basis for default judgment on trademark counterfeiting, infringement, false designation of origin, common law unfair competition, and copyright infringement claims, and awarde
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Fla. 1st DCA·
2021-12-29
The appellate court reversed a trial court's summary judgment, finding that Seaside Town Council (STC) had standing to sue Seaside Community Development Corp. (SCDC) and Walton County. The court determined STC had standing under both the 1991 amended declarations and a 2011 assig
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S.D. Fla.·
2021-12-29
Yeti Coolers, LLC sued multiple defendants for trademark counterfeiting and infringement, false designation of origin, cybersquatting, and unfair competition based on their operation of e-commerce websites selling counterfeit YETI-branded products. The court granted Yeti's motion
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S.D. Fla.·
2021-12-02
Cuban nationals denied permanent residence under the Cuban Refugee Adjustment Act (CAA) sought class certification and permission to add additional named plaintiffs, arguing that the Department of Homeland Security improperly denied their adjustment applications by failing to rec
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S.D. Fla.·
2021-11-18
The court denied the motion for default judgment because granting it risked inconsistent judgments and there was a just reason for delay due to the case's procedural posture.
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Fla. 2d DCA·
2021-11-17
The appellate court reversed a trial court's denial of attorney fees and costs to Largo Medical Center (LMC). LMC was deemed the prevailing party in a lawsuit filed by Dr. Kowalski concerning his medical staff privileges, and a statute mandates fee awards to prevailing defendants
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Fla. 2d DCA·
2021-11-17
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M.D. Fla.·
2021-11-12
The court held that the plaintiff failed to demonstrate irreparable harm, a prerequisite for injunctive relief, and that the complaint lacked a sufficient basis for federal jurisdiction.
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Fla. 3d DCA·
2021-11-10
The appellate court affirmed summary judgment for NRD Investments, LLC, against the 12550 Biscayne Condominium Association. The Association argued that the Reciprocal Easement Agreement (REA) and Declaration were unconscionable and sought to reform them, but the court found no pr
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Fla. 3d DCA·
2021-11-10
The appellate court affirmed summary judgment for the developer (NRD) against a condominium association (Association). The Association argued that easement agreements for parking and telecommunication antennas were unconscionable and sought to rewrite them, but the court found th
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Fla. 3d DCA·
2021-11-10
The 12550 Biscayne Condominium Association appealed summary judgment orders favoring NRD Investments and NR Investments 2 regarding disputes over parking garage revenues and telecommunication antenna revenues at a commercial condominium property. The Association sought to reform
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Fla. 2d DCA·
2021-11-10
The appellate court reversed a trial court's dismissal of individual city commissioners from a lawsuit. The court found that the trial judge abused discretion by dismissing the commissioners with prejudice without giving the plaintiff an opportunity to amend his complaint.
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Fla. 4th DCA·
2021-10-27
The Isola Bella Homeowners Association sued homeowners to remove a fence encroaching on a roof overhang easement. The parties settled with the homeowners agreeing to remove the encroaching fence portions, but the trial court denied the Association's motion for prevailing party at
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S.D. Fla.·
2021-10-27
The court held that the statute of limitations defense was not apparent from the face of the complaint and loan agreement, and that plaintiffs lacked standing for injunctive relief as they did not allege an actual and imminent threat of future injury.
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M.D. Fla.·
2021-10-26
The court held that the Federal Aviation Administration Authorization Act (FAAAA) does not completely preempt state law claims, and therefore, removal based on federal question jurisdiction was improper.
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M.D. Fla.·
2021-10-26
The court held that the Federal Aviation Administration Authorization Act (FAAAA) does not completely preempt state law claims, and therefore, removal based on FAAAA preemption was improper.
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S.D. Fla.·
2021-10-25
The court granted the motion to dismiss for lack of subject matter jurisdiction because Kouri Group, a necessary and indispensable party whose presence destroyed diversity, could not be joined.
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S.D. Fla.·
2021-10-25
BluestarExpo, Inc. sought to recover $300,000 in payments and $35 million in lost profits from defendants who allegedly provided a fraudulent comfort letter certifying that a company had $250 million available to facilitate a glove purchase transaction that ultimately failed. The
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S.D. Fla.·
2021-10-18
The court held that the plaintiff's claims were moot because he received the requested relief (a reasonable fear interview), and he lacked standing to pursue injunctive relief regarding a timeliness requirement that no longer affected him.
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S.D. Fla.·
2021-10-18
Defendants are entitled to recover attorney's fees and costs incurred in the prior dismissed action that will not be useful in the current litigation, but the determination of the amount and a stay of proceedings are premature.
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M.D. Fla.·
2021-10-13
The court held that the plaintiff failed to state an Eighth Amendment claim for cruel and unusual punishment due to unsanitary conditions, and his claims for injunctive relief were moot.
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M.D. Fla.·
2021-10-13
The court held that a motion to dismiss for failure to state a claim is denied because the complaint sufficiently alleges trademark infringement, and a motion to dismiss for failure to join a party is denied, but the plaintiff must amend the complaint to join the necessary party.
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M.D. Fla.·
2021-10-12
The court granted in part and denied in part the defendants' motion to dismiss, finding some claims sufficiently pleaded while others were preempted or lacked specific factual support.
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M.D. Fla.·
2021-10-07
A mandatory forum selection clause in an employment agreement will be enforced unless exceptional circumstances exist, such as fraud, extreme inconvenience, or contravention of public policy.
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Fla.·
2021-09-30
The Florida Supreme Court held that private property owners cannot obtain an injunction compelling a city to enforce its zoning ordinance against a third party's alleged violations. The Court clarified its precedent in Boucher v. Novotny and rejected the Fourth District's expansi
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M.D. Fla.·
2021-09-29
A 50-page handwritten amended complaint was dismissed as a shotgun pleading, but the plaintiff was granted leave to file a second amended complaint that complies with pleading standards.
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M.D. Fla.·
2021-09-27
The court held that it lacked subject matter jurisdiction over claims challenging tax assessments and collections due to sovereign immunity and statutory bars, and that a claim regarding a 'seriously delinquent tax debt' certification failed to state a claim.
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M.D. Fla.·
2021-09-24
A former sheriff's office employee sued his former supervisors under federal and state RICO statutes and constitutional law, alleging they retaliated against him for opposing an allegedly unconstitutional police program and terminated his employment through false internal affairs
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Fla. 5th DCA·
2021-09-24
A complaint alleging that a neighbor's commercial event venue violates county ordinances sufficiently states a cause of action for declaratory and injunctive relief when it adequately details why the operation would not constitute exempt agritourism under section 570.85, Florida
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S.D. Fla.·
2021-09-22
The court indicated it would grant the motion to dismiss for lack of subject matter jurisdiction if the appellate court relinquishes jurisdiction, finding Kouri Group to be an indispensable party whose joinder would destroy diversity.
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M.D. Fla.·
2021-09-21
The plaintiff classes sued Costa Del Mar, Inc. for unlawfully charging fees for sunglasses repairs and warranties, arguing violations of state consumer protection law and federal warranty law. The district court approved a $40 million settlement providing class members with Costa
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M.D. Fla.·
2021-09-21
McGriff Insurance Services sought a preliminary injunction against several former employees and a competitor, Alliant Insurance Services, alleging breaches of non-solicitation and confidentiality provisions in employment agreements, as well as tortious interference and trade secr
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S.D. Fla.·
2021-09-20
The court held that the plaintiff's claims regarding the legality of an immigration detainer and continued detention do not constitute undue interference with pending state criminal proceedings, thus Younger abstention is not warranted.
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M.D. Fla.·
2021-09-16
The court held that the amended complaint was an impermissible shotgun pleading and failed to state a claim upon which relief could be granted.