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Fla. 3d DCA·
2019-07-24
The appellate court affirmed a lower court's decision, ruling that a toll authority (MDX) has the proper authority to charge tolls to trailers using its roadways. The court found that the trailer leasing company (Tropical) failed to demonstrate a clear legal right to relief, irre
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274 So. 3d 1203·
Fla. 3d DCA·
2019-06-19
The trial court properly dismissed the complaint with prejudice because the merger agreement's integration clause precluded oral misrepresentation claims, the 2016 release agreement barred all claims against the defendants, and the assignment for the benefit of creditors transfer
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131 La. 689·
S.D. Fla.·
2019-06-07
A federal court should decline to exercise jurisdiction over a declaratory judgment action when a parallel state court action presents the same issues not governed by federal law, especially when the coercive claims hinge on the declaratory relief.
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Del. Ch.·
2019-06-03
The court held that the Yeildings breached the condominium declaration's six-person occupancy limit. The court found that the declaration constituted a contract, not a deed restriction, and that the Yeildings had constructive notice of its terms. The court also rejected the Yeild
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Del. Ch.·
2019-05-17
The Delaware Court of Chancery ordered the judicial dissolution of Inspirion Delivery Sciences, LLC (IDS) because it was not reasonably practicable to carry on the business in conformity with its operating agreement. The court found that the company was deadlocked due to the irre
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274 So. 3d 472·
Fla. 1st DCA·
2019-05-16
An order denying a motion that does not seek actual injunctive relief is not appealable under Florida appellate rules.
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125 La. 371·
M.D. Fla.·
2019-05-10
Plaintiffs failed to meet their burden of proving that their disgorgement figure reasonably approximates the defendants' unjust gains, and therefore are not entitled to monetary relief.
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Del. Ch.·
2019-05-09
The court granted the respondents' motion to dismiss, finding that the petitioner failed to state a claim upon which relief could be granted. The petitioner's claims for substantive due process, equal protection, takings, contract zoning, and estoppel were all dismissed for vario
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Fla. 3d DCA·
2019-05-08
A trial court lacks subject matter jurisdiction over a sales tax refund claim when the plaintiff has not exhausted administrative remedies with the Department of Revenue as required by section 215.26, Florida Statutes. Additionally, a class definition is not ascertainable when it
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Fla. 2d DCA·
2019-05-03
A county's sovereign immunity from ad valorem taxation does not extend extraterritorially to property the county owns in another county. A county may only assert immunity from taxation within its own territorial boundaries, and therefore Pasco County, as the situs county, has the
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273 So. 3d 1100·
Fla. 3d DCA·
2019-05-01
An injunction order that fails to specify the reasons for its entry and to describe in reasonable detail the acts restrained violates Florida Rule of Civil Procedure 1.610(c) and is therefore defective and must be reversed.
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268 So. 3d 927·
Fla. 5th DCA·
2019-04-18
A traffic stop for failure to maintain a single lane is justified when the vehicle is operated in an unusual manner that endangers other vehicles, even if the driver's conduct does not constitute erratic or impaired driving.
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125 La. 1046·
S.D. Fla.·
2019-03-29
The court held that the life insurance policy was a STOLI policy void under Delaware law, and the Estate is entitled to recover the death benefit under Delaware's insurable interest statute.
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Del. Ch.·
2019-03-11
The court held that the Medley Capital directors breached their fiduciary duties by approving the proposed transactions due to a flawed process tainted by conflicts of interest and a lack of director independence. However, the court denied the request to enjoin the transactions b
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264 So. 3d 1142·
Fla. 5th DCA·
2019-02-22
A nonfinal order that merely stays an underlying action is not an appealable order and does not confer jurisdiction on the appellate court.
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267 So. 3d 1·
Fla. 4th DCA·
2019-02-20
Under FDUTPA section 501.207(1)(b), an enforcing authority seeking injunctive relief is not required to plead actual damages; it need only demonstrate a substantial likelihood of success on the merits by showing the practice was likely to deceive a reasonable consumer.
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271 So. 3d 68·
Fla. 3d DCA·
2019-02-06
MDXQ failed to establish the clear legal right and corresponding ministerial duty necessary for mandamus relief, and any cause of action under section 163.3215(3) was not ripe absent a development order.
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263 So. 3d 263·
Fla. 5th DCA·
2019-02-01
When both neighboring landowners have made improvements to their property affecting surface water flow, the trial court must apply the reasonable use rule by comparing the reasonableness of conduct of both parties, and summary judgment is improper when affirmative defenses of com
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Del. Ch.·
2019-01-23
The appellate court affirmed the trial court's grant of a preliminary injunction, finding that the plaintiff corporation demonstrated a reasonable probability of success on the merits regarding claims of breach of fiduciary duty of loyalty and fraudulent transfer, an imminent thr
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263 So. 3d 240·
Fla. 3d DCA·
2019-01-23
The appellate court reviewed a trial court's order granting a temporary injunction against a construction company (WD) for trespassing on a neighboring property owner's (Dan Trust) land. The primary issue was whether the injunction also covered airspace trespass by a tower crane.
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263 So. 3d 240·
Fla. 3d DCA·
2019-01-23
This case concerns a temporary injunction granted to Dan Trust (Dan) against WD 19790, LLC (WD) for trespassing on Dan's vacant lot. The appellate court reversed the portion of the injunction that was interpreted to include airspace trespass by a tower crane, finding it was neith
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263 So. 3d 240·
Fla. 3d DCA·
2019-01-23
A temporary injunction order does not enjoin airspace trespass where the issue was neither pleaded in the complaint nor presented as evidence at the hearing, and a trial court cannot grant injunctive relief sua sponte for unpled claims.
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265 So. 3d 665·
Fla. 1st DCA·
2019-01-22
Northwood Associates challenged a legislative proviso prohibiting state agencies from using appropriated funds to pay rent at Northwood Centre, claiming it violated the Florida Constitution's contract impairment clause and single subject rule. The court affirmed summary judgment
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117 La. 587·
S.D. Fla.·
2019-01-16
The court granted Plaintiff's motion for default judgment, awarding statutory damages and injunctive relief against Defendants for trademark counterfeiting and infringement.
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Fla.·
2019-01-04
The Florida Supreme Court reviewed a lower court's decision regarding an Orange County ordinance that proposed term limits and nonpartisan elections for county constitutional officers. The court held that while term limits were permissible, the nonpartisan election provision conf
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264 So. 3d 942·
Fla. 4th DCA·
2018-12-19
An auto dealership and shopping center disputed the scope of a 1989 cross-access easement (CAA) that allowed ingress and egress between their properties. The shopping center's new owner terminated a 2014 month-to-month agreement permitting the dealership to load and unload vehicl
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259 So. 3d 988·
Fla. 5th DCA·
2018-11-30
Clare Greenshields appeals orders discharging a lis pendens on her Merritt Island home but restricting proceeds from its sale, and denying her request to dissolve an injunction or require posting of a bond. The Fifth District reversed, holding that the trial court erred in requir
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Fla. 3d DCA·
2018-11-28
Colgan, as trustee, appeals a trial court judgment that granted Shadow Point declaratory and injunctive relief regarding riparian rights to disputed waterfront property while denying Shadow Point's quiet title and ejectment claims. The appellate court reverses, finding that becau
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Fla. 4th DCA·
2018-11-21
The statute of limitations barred Southern's unjust enrichment claim because it was pleaded without reference to a written instrument, making the four-year limitations period applicable, and partial payments did not toll the statute. An offer of judgment that seeks to resolve all
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Del. Ch.·
2018-10-26
The Court granted in part Plaintiff Cabela's motion for a preliminary injunction, enforcing the confidentiality and nonsolicitation provisions of the agreements between Cabela's and its former employees. The Court found that while the choice-of-law provision in the agreements fav
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15th Cir. Ct. App. Div.·
2018-10-15
Curry appeals a summary judgment granted in favor of Woodberry Lakes HOA on his claim that the Association violated Florida Statute § 720.303(5) by failing to provide requested documents within ten business days. The appellate court reversed, holding that where contradictory affi
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258 So. 3d 516·
Fla. 3d DCA·
2018-10-10
Section 125.045, which authorizes counties to sell real property at below-market rates for economic development purposes, operates as a specific exception to the competitive bidding requirements of section 125.35, and therefore a county has no clear legal duty to competitively bi
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255 So. 3d 377·
Fla. 4th DCA·
2018-09-12
An amended complaint does not revive a defendant's previously waived right to compel arbitration unless the amended complaint unexpectedly alters the scope or theory of the litigation in an unforeseeable way. Here, the new claims were directed toward the same core facts and injur
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255 So. 3d 440·
Fla. 1st DCA·
2018-09-05
A final judgment that enjoins obstruction of an easement in one paragraph but authorizes construction that would obstruct the same easement in another paragraph is internally inconsistent and must be reversed and remanded for correction.
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Fla. 5th DCA·
2018-09-03
An ex parte emergency injunction may be issued without initially setting a bond, but the trial court must remand for an evidentiary hearing to determine the appropriate bond amount after both parties have an opportunity to present evidence.
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30 La. 1282·
S.D. Fla.·
2018-08-29
The court held that a website can be a place of public accommodation under the ADA if it facilitates the use of physical stores, and that the defendant's website violated the ADA due to accessibility barriers preventing a visually impaired plaintiff from using its services.
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253 So. 3d 1183·
Fla. 2d DCA·
2018-08-15
A temporary injunction directing payment of withheld revenues in a breach of contract dispute is an abuse of discretion where money damages provide an adequate remedy at law. Additionally, an injunction must include specific factual findings supporting each of the four required e
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Del. Ch.·
2018-07-31
The court held that there was no enforceable promise to lease the Curran Theatre to the company, as the parties' recollections of the conversation were irreconcilable and lacked clear evidence of mutual assent on essential terms. However, the court found that the owners of the Cu
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249 So. 3d 1323·
Fla. 1st DCA·
2018-07-25
Section 194.171(5) and (6), Florida Statutes make it a jurisdictional requirement that all taxes assessed in years after an action is brought must be paid before delinquency. When a taxpayer fails to pay subsequent years' taxes before delinquency, the trial court loses subject ma
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251 So. 3d 312·
Fla. 2d DCA·
2018-07-13
An injunction prohibiting enforcement of community parking restrictions must specify the reasons for its entry as required by Florida Rule of Civil Procedure 1.610(c), and failure to do so requires reversal and remand.
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Fla. 4th DCA·
2018-07-05
Sterling Villages Condominium Association appeals a trial court judgment entered in its favor against a homeowner who purchased a unit at foreclosure, challenging the amount of assessments awarded and the calculation of prejudgment interest. The appellate court affirms the judgme
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250 So. 3d 751·
Fla. 3d DCA·
2018-06-27
The Florida Third District Court of Appeal affirmed the trial court's certification of a class action by trailer leasing companies challenging Miami-Dade Expressway Authority's toll collection practices, which allegedly improperly charged trailer owners for tolls incurred by sepa
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250 So. 3d 94·
Fla. 4th DCA·
2018-06-13
Premier Compounding Pharmacy, Inc. successfully obtained a permanent injunction against employee Eric Larson for violating a non-compete agreement and subsequently moved for attorney's fees under the employment contract's Paragraph 12. The trial court denied the fees, reasoning t
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105 La. 772·
S.D. Fla.·
2018-06-13
The court held that the defendant failed to establish federal subject matter jurisdiction based on federal patent law, as the patent issues were not substantial enough to warrant removal. The court granted the plaintiff's motion to remand.
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Del. Ch.·
2018-05-17
The Court held that the issuance of securities in a private offering was not a prohibited distribution under the Limited Partnership Agreement (LPA) because it was an exchange for value. However, the Court found that the transaction was a conflicted transaction that was not fair
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Fla. 4th DCA·
2018-05-09
A party who obtains an enforceable judgment on the merits, including affirmative equitable relief such as an injunction, is a prevailing party entitled to attorney's fees and costs under Florida law, even if no monetary damages are awarded. A mandatory injunction is properly issu
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18 La. 1·
S.D. Fla.·
2018-04-26
The court held that all claims against the defendants were subject to dismissal, either due to the statute of limitations, judicial immunity, or the Rooker-Feldman doctrine, and that amendment would be futile.
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Del. Ch.·
2018-04-16
The Court of Chancery granted the motion to dismiss, finding it lacked subject matter jurisdiction over claims concerning the inventory and distribution of a foreign estate, and lacked personal jurisdiction over the defendant Johny Jacobo Czarninski Baier. Furthermore, even if ju
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Fla. 1st DCA·
2018-04-10
The FWC was entitled to summary judgment on the property owners' takings claims because they failed to allege either a permanent physical occupation of their land or complete deprivation of all economically beneficial use, as required to state a legally sufficient inverse condemn
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Del. Ch.·
2018-03-29
The Court of Chancery denied Defendants' Motion to Dismiss, finding that Plaintiffs had pled sufficient facts to state claims for breach of restrictive covenants (non-compete, non-solicit, and confidentiality) and breach of representations and warranties regarding legal complianc