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245 So. 3d 863·
Fla. 3d DCA·
2018-03-14
The trial court erred in granting summary judgment on the budget claim because competing expert affidavits created a genuine issue of material fact as to compliance with state law. The trial court also erred in reaching the merits of the resolutions claim, which was moot because
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Del. Super. Ct.·
2018-02-27
The General Manager of the Special Services Department exceeded his authority under the County Code by imposing monetary penalties and awarding injunctive relief. While the County has broad home rule authority to establish adjudicatory processes, the specific provisions of the Co
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241 So. 3d 903·
Fla. 2d DCA·
2018-02-14
The City of St. Petersburg held a private "shade" meeting with its attorney to discuss litigation strategy in response to a federal court ruling on its trespass ordinance. The court held that while the shade meeting itself violated Florida's Government in the Sunshine Law, the ci
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237 So. 3d 1036·
Fla. 4th DCA·
2018-02-14
An award of attorney's fees in an amount inconsistent with predicate findings regarding the reasonable number of hours expended or reasonable hourly rate is reversible error. A trial court's award of costs cannot be reviewed for abuse of discretion without a transcript of the hea
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255 So. 3d 879·
Fla. 2d DCA·
2018-02-09
Homestead exemption under the Florida Constitution requires that the property owner be a natural person, and residence on property owned by a corporation does not entitle a resident to claim homestead protection absent an ownership or beneficial interest in the property.
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238 So. 3d 878·
Fla. 5th DCA·
2018-02-09
Fred Hall, a member of Southcreek Homeowners Association, appealed the trial court's denial of his request for declaratory and injunctive relief regarding alleged nonmember voting and assessment payments. The Florida District Court of Appeal, Fifth District, affirmed the denial,
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Fla. 5th DCA·
2018-02-05
Although the trial court erred in sua sponte raising lack of standing, declaratory and injunctive relief was properly denied because Hall presented only speculative, hypothetical claims unsupported by evidence of current nonmember voting or impending legal issues.
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233 So. 3d 526·
Fla. 2d DCA·
2018-01-05
A county administrator's decision to uphold an employee's termination following a hearing officer's recommendation is an executive decision not subject to certiorari review.
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Fla. 1st DCA·
2018-01-01
A hospital seeking a temporary injunction against a competitor's provisional trauma center operation must establish all four elements for injunctive relief with competent, substantial evidence, and failure to prove any element is fatal to the motion. The Department of Health may
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233 So. 3d 1236·
Fla. 3d DCA·
2017-12-13
The City of Miami Beach challenged a trial court's invalidation of its 2016 minimum wage ordinance, arguing that a 2004 Florida Constitutional amendment nullified the state's preemption statute prohibiting municipalities from setting their own minimum wages. The appellate court a
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233 So. 3d 1240·
Fla. 3d DCA·
2017-12-13
The Florida District Court of Appeal affirmed that the Fraternal Order of Police lacks associational standing to seek damages on behalf of its members for a flawed 1994 police sergeant promotional exam. The court held that while unions may seek declaratory or injunctive relief in
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227 So. 3d 1288·
Fla. 4th DCA·
2017-10-25
Allegro at Boynton Beach held a right of first refusal to purchase real property from Pearson, who breached the right by selling to Olson Land Partners instead. The court reversed the trial court's grant of summary judgment for the Buyer, holding that Allegro did not make an elec
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Del. Ch.·
2017-09-05
The Court of Chancery Master recommended granting the respondents' motion to dismiss the complaint without prejudice because the plaintiff's claims were not ripe for judicial review. The Master found that the plaintiff failed to comply with the mandatory pre-litigation mediation
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Del. Ch.·
2017-08-17
The Court vacated the injunction against Heartland and declined to issue new injunctions against Heartland, inTEAM, or Goodman, finding that both parties had unclean hands. The Court ordered Goodman to pay $399,997.08 in monetary damages to Heartland for breaching his non-compete
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Del. Ch.·
2017-06-26
The court held that Interbake's purported termination of the License Agreement was invalid. Interbake could not terminate under the sales threshold provision because it was intended to protect Mrs. Fields' minimum royalty obligations, not to allow Interbake to escape them due to
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220 So. 3d 569·
Fla. 2d DCA·
2017-06-16
Vincent Head appeals summary judgment favoring trustee Laurene Sorensen in a condominium purchase contract dispute. The court reversed, holding that material questions of fact existed regarding whether Sorensen acted in good faith in attempting to procure the Association's approv
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219 So. 3d 967·
Fla. 4th DCA·
2017-05-31
Burke and her business entities appeal a trial court order granting a temporary injunction against them for allegedly breaching a non-competition agreement with their former employer, Sunco. The appellants challenged only the injunction bond amount and duration, not the injunctio
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271 F.R.D. 668·
M.D. Fla.·
2017-05-16
The court held that a class action for declaratory and injunctive relief is appropriate, but denied class certification for damages claims.
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219 So. 3d 156·
Fla. 3d DCA·
2017-05-03
The Florida Court of Appeal affirmed the trial court's dismissal of a recall petition against the Mayor of Sweetwater, holding that the mayor's failure to attend city commission meetings does not constitute neglect of duty because the City Charter does not mandate such attendance
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215 So. 3d 1280·
Fla. 3d DCA·
2017-04-12
A trial court lacks authority to order a deposit of money into the court registry if the money is not the subject of the litigation, absent an agreement or injunctive relief.
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273 F. Supp. 375·
S.D. Fla.·
2017-03-29
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208 So. 3d 1262·
Fla. 3d DCA·
2017-01-25
A condominium association appealed a trial court judgment dismissing its enforcement action against a unit owner who installed laminated flooring in violation of recorded restrictions requiring carpeting and soundproofing materials. The appellate court reversed, holding that the
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208 So. 3d 1188·
Fla. 3d DCA·
2017-01-04
A unit owner sought an injunction to prevent a condominium association from approving a neighboring unit owner's application to combine two units. The trial court granted summary judgment against the unit owner on ripeness grounds, and the appellate court affirmed, holding that t
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Del. Super. Ct.·
2016-12-23
The court affirmed the dismissal of the plaintiffs' claims, holding that the regulations prohibiting firearms in state parks and forests did not violate Article I, Section 20 of the Delaware Constitution, were not preempted by state law, and did not exceed the statutory authority
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206 So. 3d 767·
Fla. 3d DCA·
2016-11-04
Roberto Martell appealed a trial court's denial of his motion for injunctive relief seeking to prevent Ana Stefano from appearing on the November 8, 2016 ballot for mayor of the Town of Medley based on alleged failure to meet residency requirements. The appellate court affirmed t
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199 So. 3d 399·
Fla. 4th DCA·
2016-08-17
Appellant former Mayor Zuccarelli was found liable by jury for selectively enforcing town ordinances against the plaintiffs in violation of their equal protection rights, resulting in a $1.1 million judgment. The appellate court reversed, finding no competent substantial evidence
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196 So. 3d 489·
Fla. 2d DCA·
2016-07-08
Winding Wood Condominium Association appeals the trial court's denial of its motion to set aside a clerk's default and entry of a default judgment awarding unliquidated damages to Linda Walls without a jury trial. The court affirmed the denial of the motion to set aside the defau
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Del. Ch.·
2016-06-24
The Court of Chancery denied Williams' request to enjoin Energy Transfer Equity (ETE) from terminating the merger agreement based on the failure of a condition precedent. The court found that ETE's tax counsel, Latham & Watkins LLP, had in good faith determined it could not issue
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Del. Ch.·
2016-06-23
The court denied the plaintiffs' claim for nuisance-based relief, finding that the defendant's use of his property for his auto repair hobby did not constitute an unreasonable invasion of his neighbors' property rights given the semi-rural, mixed-use character of the neighborhood
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Del. Ch.·
2016-06-10
The Court granted summary judgment in favor of Plaintiff William T. Obeid, holding that retired federal judge Michael R. Hogan cannot serve as the sole member of special litigation committees for either the Corporate LLC or the Manager-Managed LLC. The Court denied Obeid's motion
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266 F.R.D. 215·
S.D. Fla.·
2016-04-20
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200 So. 3d 125·
Fla. 5th DCA·
2016-04-08
Knight News, Inc. appealed from a trial court's dismissal of most of its public records complaint against the University of Central Florida. The appellate court held that while student disciplinary records involving hazing are protected from disclosure under FERPA, the names of s
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Del. Super. Ct.·
2016-04-07
The court held that summary judgment should be granted in favor of the State of Delaware defendants on the plaintiff's federal ADA claims due to Eleventh Amendment sovereign immunity. The court also granted summary judgment for the state's PWDEPA claims against DelDOT as time-bar
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Del. Ch.·
2015-12-31
The Delaware Court of Chancery granted summary judgment for the defendants on most claims, finding many were time-barred, lacked standing, or failed to state a claim. The court reserved decision on the plaintiff's private and public nuisance claims, and negligence claims, pending
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Del. Ch.·
2015-12-17
The Delaware Court of Chancery denied the defendant's motion to dismiss on forum non conveniens grounds, finding that the defendant failed to demonstrate overwhelming hardship or inconvenience that would warrant disturbing the plaintiff's choice of forum. The court applied the es
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Del. Ch.·
2015-12-01
The court granted the defendants' motion to dismiss, finding that the plaintiffs, inmates challenging a Delaware statute that denies them access to certain Department of Correction policies and procedures, failed to establish standing and did not state a claim upon which relief c
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179 So. 3d 426·
Fla. 4th DCA·
2015-11-12
The City of Fort Pierce appeals a class action certification order involving a Stormwater Management Utility (SMU) fee dispute. The court reverses the certification, holding that the four-year statute of limitations for challenging special assessments began when the ordinance was
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177 So. 3d 992·
Fla. 1st DCA·
2015-10-06
A state prisoner sued to enjoin the Department of Corrections from using physical restraints and force against him and sought transfer to another facility. The Florida First District Court of Appeal affirmed dismissal as moot because the prisoner had already been transferred to a
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Del. Ch.·
2015-09-10
The Delaware Court of Chancery granted in part and denied in part the defendants' motion to dismiss and strike. The court denied the motion to dismiss Counts II and III, finding them moot or lacking subject matter jurisdiction, respectively. The court denied the motion to strike
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174 So. 3d 615·
Fla. 4th DCA·
2015-09-09
The court held that discovery related to an accounting claim is premature until a violation of the non-compete provisions is established.
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S.D. Fla.·
2015-08-24
The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded the $5 million threshold for federal jurisdiction under the Class Action Fairness Act.
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262 F.R.D. 269·
S.D. Fla.·
2015-08-10
The court held that class certification was not appropriate under either Rule 23(b)(2) or 23(b)(3) because individual issues predominated over common issues.
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201 So. 3d 64·
Fla. 3d DCA·
2015-08-05
A law firm petitioned for certiorari relief from an order requiring it to grant a former client immediate access to case files subject to retaining liens. The court held that absent a determination of the validity of the retaining liens and proof of payment, an order compelling f
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2015 U.S. Dist. LEXIS 98320·
M.D. Fla.·
2015-07-28
The court held that the defendant's ongoing remediation efforts and the plaintiff's intent to return to the ADA non-compliant public accommodation were sufficient to establish standing and prevent the case from being moot.
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Del. Ch.·
2015-07-14
The Court of Chancery has subject matter jurisdiction over the plaintiffs' claims seeking to enjoin the requirement that they wear GPS monitor ankle bracelets and declare the governing statute unconstitutional. The court found that the plaintiffs' primary relief sought was equita
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M.D. Fla.·
2015-06-30
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198 So. 3d 10·
Fla. 2d DCA·
2015-06-10
The court held that the Association failed to conclusively establish that the Trust violated the Declaration of Condominium by removing drywall, as genuine issues of material fact remained regarding unit boundaries and the materiality of the alteration.
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164 So. 3d 140·
Fla. 4th DCA·
2015-05-13
Vista Golf, LLC appealed a trial court judgment that invalidated certain protective covenants on its golf course property. The Fourth District Court of Appeal affirmed, holding that the Operation Covenant was properly construed as a restrictive covenant limiting the property to g
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2015 U.S. Dist. LEXIS 37644·
S.D. Fla.·
2015-03-25
The court held that a plaintiff lacks standing to bring claims for products they did not purchase and cannot seek injunctive relief without alleging a threat of future harm. Claims challenging marketing practices, rather than specific labeling requirements, are not preempted by f
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162 So. 3d 328·
Fla. 4th DCA·
2015-03-25
Sheriff Israel appeals a summary judgment awarding wrongful termination relief to Deputy Castro. The Fourth District Court of Appeal reverses, holding that Castro was required to exhaust administrative remedies under the collective bargaining agreement's grievance and arbitration