Injunctive Relief

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

• Schreibeis v. Bradshaw
  15th Cir. Ct. App. Div.· 2012-02-09
  The appellate court denied a petition for writ of prohibition filed by a prisoner challenging various county officials and contracts. The petition sought relief beyond the court's jurisdiction, including internal investigations, discipline of officials, injunctive relief, and cou
• Hermelin v. Civil Action No. 6936-VCG K-V Pharm. Co.
  Del. Ch.· 2012-02-07
  The Delaware Court of Chancery held that the plaintiff was not entitled to advancement for the Jail Records Matter because it was initiated by the plaintiff, thus falling under an exclusion in the indemnification agreement. The court also found that the plaintiff was not entitled
• Jones v. Pfaff
  77 So. 3d 884· Fla. 2d DCA· 2012-01-20
  Cynthia Jones appealed an order declining to exercise jurisdiction over the judicial dissolution of a corporation in which she and Louis Pfaff were equal shareholders. The Florida District Court of Appeal dismissed the appeal for lack of jurisdiction because the order was not app
• Johnson NG v. The United States ON Leong/Chinese Merchs. Ass'n & Bo-Man Mui
  77 So. 3d 691· Fla. 3d DCA· 2011-11-09
  The Third District Court of Appeal affirmed a trial court's grant of a temporary injunction removing defendants from their positions at a local chapter of a Chinese merchants association and reinstating the plaintiff as co-president. The court upheld the injunction after defendan
• N. Fla. Women's Health & Counseling Serv., Inc. v. State
  73 So. 3d 874· Fla. 4th DCA· 2011-11-09
  The Fourth District Court of Appeal affirmed summary judgment for the state defendants, holding that the plaintiff lacked a justiciable controversy and failed to demonstrate a clear legal right necessary for either declaratory or injunctive relief.
• The Bank of N.Y.
  Del.· 2011-09-21
  The Delaware Supreme Court affirmed the Court of Chancery's judgment, holding that the proposed Capital Splitoff by Liberty Media Corporation (LMC) and Liberty Media LLC (Liberty Sub) would not violate the Successor Obligor Provision of their bond indenture. The court found that
• In re Checking Account Overdraft Litigation
  813 F. Supp. 2d 1365· S.D. Fla.· 2011-09-01
  The court held that while the Federal Arbitration Act (FAA) preempts state laws that hinder its objectives, unconscionability remains a valid defense to arbitration agreements if it is a generally applicable contract defense. However, class action waivers can no longer be the sol
• Colony Beach & Tennis Club, Ltd. v. Colony Beach & Tennis Club Ass'n
  456 B.R. 545· M.D. Fla.· 2011-07-27
  The bankruptcy court erred in classifying the Partnership's state law claims as 'core' proceedings and in its interpretation of the governing documents regarding responsibility for common element repairs.
• Am. Civil Liberties Union of Fla. Inc. v. Dixie Cnty. Fla.
  797 F. Supp. 2d 1280· N.D. Fla.· 2011-07-15
  The court held that the permanent display of a Ten Commandments monument on the courthouse steps constitutes government speech that violates the Establishment Clause of the First Amendment.
• In & for New Castle Cnty. Bass Props., Inc. v. Pub. Serv. Comm'n
  Del. Super. Ct.· 2011-07-14
  The Public Service Commission lacked the authority to order Bass Properties to transfer title to the real property underlying the wastewater treatment facility. The Commission also lacked the authority to order Bass to directly reimburse the County for repair and maintenance expe
• Curtis v. City OF W. Palm Beach
  82 So. 3d 894· Fla. 4th DCA· 2011-06-22
  The Firefighter's Bill of Rights does not create a cause of action for monetary damages; it only provides for injunctive relief.
• Harrell's, LLC v. Agrium Advanced (U.S.) Techs., Inc.
  795 F. Supp. 2d 1321· M.D. Fla.· 2011-06-11
  The court held that the dispute resolution clause in the Operating Agreement, despite using the term 'mediation,' constituted a binding agreement to arbitrate, encompassing all claims filed by the plaintiffs.
• Fresenius Med. Care Holdings, Inc. v. Francois
  613 F. App'x 15· N.D. Fla.· 2011-05-27
• Pncef, LLC v. S. Aviation, Inc.
  60 So. 3d 1120· Fla. 4th DCA· 2011-05-11
  A lender sought a prejudgment writ of replevin to recover four aircraft wrongfully detained by a lessee in Broward County. The circuit court denied the motion, but the appellate court reversed, holding that the lender satisfied all statutory requirements for obtaining a prejudgme
• Liberty Media Corp. & Liberty Media LLC v. THE Bank OF NEW York Mellon Tr. Co., N.A.
  Del. Ch.· 2011-04-29
  The Court held that the proposed Capital Splitoff did not violate the Successor Obligor Provision of the Indenture. The Court found that the Capital Splitoff, when viewed in isolation, did not constitute a transfer of substantially all of Liberty's assets. Furthermore, the Court
• Russell and Linda Allen v. City OF KEY W.
  59 So. 3d 316· Fla. 3d DCA· 2011-04-20
  Property owners appealed a trial court judgment denying their claims for declaratory judgment and injunctive relief regarding short-term rental properties in Key West. The court reversed, finding that the owners' properties qualified as lawful nonconforming uses under the 50% rul
• Florida Ex Rel. Bondi v. United States Dep't of Health & Human Servs.
  780 F. Supp. 2d 1307· N.D. Fla.· 2011-03-03
  The court clarified that its prior order declaring the Patient Protection and Affordable Care Act unconstitutional and void was intended to have immediate effect, and treated the defendants' motion to clarify as a motion to stay pending appeal.
• Seminole Cnty. Sch. Bd. v. Downey
  59 So. 3d 1156· Fla. 5th DCA· 2011-02-04
  The Seminole County School Board appealed a trial court's grant of a temporary injunction allowing a transfer student to participate in interscholastic wrestling despite being declared ineligible under FHSAA bylaws. The appellate court reversed, finding multiple procedural and su
• Alan B. Garfinkel, P.A. v. Scott A. Mager, Mager Law Grp., P.A.
  57 So. 3d 221· Fla. 5th DCA· 2010-12-23
  Garfinkel, a law firm, sought enforcement of a settlement agreement provision prohibiting Mager, a former managing partner, from representing parties suing Garfinkel. The trial court voided the provision as violating public policy and Rule 4-5.6 of the Florida Bar. The appellate
• SRG Global, Inc. v. Civil Action No. 5314-VCP Robert Fam. Holdings, Inc.
  Del. Ch.· 2010-11-30
  The Court held that the dispute resolution procedure outlined in the Share Purchase Agreement and Escrow Agreement constitutes arbitration. Consequently, issues concerning the adequacy of objections, the scope of evidence the expert may consider, and whether insurance coverage ca
• City OF Jacksonville v. Blue Stone Constr., Inc.
  48 So. 3d 941· Fla. 1st DCA· 2010-11-30
  The City of Jacksonville appealed the trial court's denial of its counterclaim seeking injunctive relief and monetary penalties against Blue Stone Construction for alleged code violations. The appellate court reversed the trial court's dismissal, holding that the City could proce
• Fraternal Order OF Police v. Sheriff John Rutherford
  51 So. 3d 485· Fla. 1st DCA· 2010-11-17
  The Fraternal Order of Police challenged a circuit court decision holding that confidentiality protections under Florida's Law Enforcement Officers' Bill of Rights do not apply to investigations by the Jacksonville Sheriff's Office Response to Resistance Board. The First District
• Hall v. Aetna Life Ins.
  759 F. Supp. 2d 1321· N.D. Fla.· 2010-09-29
  The court held that the named plaintiffs lack standing to bring their claims because they did not suffer an injury in fact, and therefore, their motion for class certification must be denied and their complaint dismissed.
• ITL Int'l Inc. v. Walton & Post, Inc.
  741 F. Supp. 2d 1313· S.D. Fla.· 2010-09-29
  The court held that it should abstain from exercising jurisdiction over the case based on international comity due to parallel proceedings in the Dominican Republic.
• Baxter v. Adam
  750 F. Supp. 2d 1313· N.D. Fla.· 2010-09-29
  The court adopted the Magistrate Judge's reports and recommendations, granting summary judgment on most claims but allowing claims against Bennett-Blake for denial of referral and Franklin for denial of Ibuprofen, a cane, and a no prolonged standing pass to proceed to trial.
• Vose v. Lakeside Reserve Homeowners Ass'n, Inc
  9th Cir. Ct. App. Div.· 2010-08-16
  Jeffrey Vose appeals the trial court's denial of attorney's fees despite being found the prevailing party in a homeowners association dispute over covenant violations. The appellate court affirmed the trial court's decision, holding that Vose's failure to participate in pre-suit
• Petersen v. Florida Bar
  720 F. Supp. 2d 1351· M.D. Fla.· 2010-06-28
  The court held that the plaintiff's waiver of his right to access peer review materials was valid, dismissing claims based on the nondisclosure of those materials. However, claims challenging the vagueness and overbreadth of the peer review criterion itself were not dismissed bas
• Jewelry Repair Enters., Inc. v. Dilshad Ajani and Noordin Ajani
  33 So. 3d 831· Fla. 4th DCA· 2010-05-05
  The court held that the arbitration provision in the franchise agreement did not apply to disputes concerning non-compete covenants, as explicitly excluded by the contract's plain language.
• Brayshaw v. City of Tallahassee
  709 F. Supp. 2d 1244· N.D. Fla.· 2010-04-30
  Robert Brayshaw posted truthful, publicly available personal information about a Tallahassee police officer on Ratemycop.com and was arrested under Florida Statute § 843.17, which criminalizes publishing law enforcement officers' addresses or phone numbers with intent to intimida
• Hidden Hills Country Club Ests. Homeowners Ass'n, Inc. v. Bray
  32 So. 3d 740· Fla. 1st DCA· 2010-04-20
• Masvidal v. United States Dep't of Just.
  716 F. Supp. 2d 1207· S.D. Fla.· 2010-04-02
  The court held that the plaintiff adequately alleged a due process claim, as the alleged stigma plus interference with employment constituted a deprivation of a constitutionally protected interest, and the absolute privilege defense did not apply to a due process claim.
• Mitchell v. Ford Motor Credit Co.
  702 F. Supp. 2d 1356· M.D. Fla.· 2010-03-29
  The court held that while an early termination charge based on the difference between realized and residual values is not per se unreasonable under the CLA, the specific application of such a formula can still be deemed unreasonable if it results in charges exceeding full contrac
• Bankshot Billards, Inc. v. City of Ocala
  692 F. Supp. 2d 1343· M.D. Fla.· 2010-02-12
  The court held that the City of Ocala's Ordinance 5650 is unconstitutionally vague on its face, violating due process rights, and therefore granted declaratory and injunctive relief to the plaintiff.
• Evans v. Bayer
  684 F. Supp. 2d 1365· S.D. Fla.· 2010-02-12
  The court held that the plaintiff's speech was off-campus and protected, and that the defendant was not entitled to qualified immunity for suspending her.
• Avera v. United Air Lines
  686 F. Supp. 2d 1262· N.D. Fla.· 2010-01-28
  The court held that claims against federal defendants were barred by sovereign immunity, mootness, and lack of jurisdiction, and that the Fair Treatment of Experienced Pilots Act did not violate due process or the Takings Clause.
• S. Waste Sys., LLC v. City of Coral Springs
  687 F. Supp. 2d 1342· S.D. Fla.· 2010-01-22
  The court held that the exclusive franchise agreement and city ordinance did not violate the Dormant Commerce Clause because the bidding process was fair and open, and the agreement did not discriminate against interstate commerce.
• Koszola v. Saratoga BAY Homeowners Ass'n, Inc.
  23 So. 3d 1253· Fla. 4th DCA· 2009-12-23
• Serv. Corp. OF Westover Hills v. Civil Action No. 2922-VCP Robert Guzzetta & Kathleen S. Guzzetta
  Del. Ch.· 2009-12-22
  The Court held that Article V of the Deed Restrictions, which governs the approval of building plans, does not grant the homeowners association authority to regulate the complete demolition of a house where no replacement structure is planned. Consequently, the homeowners associa
• CA, Inc. v. C.A. No. 4300-VCS Ingres Corp.
  Del. Ch.· 2009-12-07
  The court held that Ingres would have been obligated to provide OpenROAD 2006 to CA's legacy customers under the original Divestiture Agreements. However, the subsequent 2007 Reseller Agreement superseded those provisions regarding the terms for obtaining new versions of products
• Doctors Pathology Servs. P.A.
  Del. Ch.· 2009-11-20
  The Court granted the defendant agency's motion to dismiss. Claims related to a prior, terminated Request for Proposal (RFP) were dismissed as moot. The court found that the agency's procurement process for professional services, including its decision to bundle anatomical and cl
• Concord Steel, Inc.
  Del. Ch.· 2009-09-30
  The court held that the Non-Competition covenant in the Asset Purchase Agreement was breached by Defendants WSP and Neary. The court found the covenant to be unambiguous and applicable to HD plasma cutting work, not just oxyfuel. Consequently, WSP and Neary were found liable for
• DeFALCO v. City OF Hallandale Beach
  18 So. 3d 1126· Fla. 4th DCA· 2009-09-02
  A municipality acting in its proprietary capacity as a mobile home park owner is not required to conduct a relocation study under section 723.083 when evicting residents due to a change in land use, provided it complies with the notice requirements of section 723.061.
• Republican Party OF Miami-Dade Cnty. v. Davis
  18 So. 3d 1112· Fla. 3d DCA· 2009-08-26
  The Republican Party of Miami-Dade County appealed a circuit court injunction requiring it to seat 19 elected executive committee members whom the Party had refused to recognize due to their failure to file a new Party loyalty oath by the qualifying deadline. The appellate court
• Strategic Empowerment FOR Econ. Dev., Inc. v. S. Dade Realty, Inc.
  14 So. 3d 260· Fla. 3d DCA· 2009-07-29
  SEED, a commercial real estate seller, appeals an interlocutory order that dissolved a lis pendens filed by broker SDR to cloud title but simultaneously imposed an equitable lien on sale proceeds to secure the brokerage commission. The Third District Court of Appeal reversed, hol
• A.K. v. LaROSE
  32 So. 3d 78· Fla. 2d DCA· 2009-07-24
  The court held that a petition for certiorari should be dismissed as moot and lacking the necessary material injury for review.
• Akeem Muhammad v. McNEIL
  13 So. 3d 504· Fla. 1st DCA· 2009-06-09
  Akeem Muhammad, a Muslim prisoner, challenged the Florida Department of Corrections' refusal to accommodate his religious dietary needs during Ramadan and housing conditions, claiming violations of RLUIPA, the First Amendment, Eighth Amendment, and Fourteenth Amendment. The court
• Bank of Mongolia v. M & P Global Fin. Servs., Inc.
  224 F.R.D. 8· S.D. Fla.· 2009-04-24
  The court granted Plaintiff's motion to compel discovery and awarded attorney's fees and costs, finding the defendants' failure to respond was not substantially justified and appointing an independent expert to retrieve deleted electronic documents.
• Marli Nunes Summers v. Summers
  6 So. 3d 113· Fla. 5th DCA· 2009-04-03
  The court held that the ex parte order granting injunctive relief was legally deficient and failed to comply with Florida Rule of Civil Procedure 1.610.
• Bojadzijev v. Roanoke Tech. Corp.
  997 So. 2d 1251· Fla. 5th DCA· 2009-01-02
  Thomas Bojadzijev appeals the trial court's denial of his motion to vacate a default final judgment entered in favor of Roanoke Technology Corporation in a breach of contract action. The Fifth District Court of Appeal affirms the default judgment, finding that Bojadzijev waived h
• Price v. Mirco Coric and Gordana Coric
  997 So. 2d 493· Fla. 2d DCA· 2008-12-19
  Elaine Price appealed a judgment in favor of condominium unit owners Mirco and Gordana Coric, who installed hardwood flooring in violation of the declaration of condominium. The appellate court reversed because the trial court improperly allowed the Cories to raise an unpleaded a