Injunctive Relief

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

• In & for New Castle Cnty. Frank E. Acierno v. Civil Action No. 20056-NC Lawrence Goldstein
  Del. Ch.· 2005-11-16
  The court awarded Counterclaimants 25% of their attorneys' fees incurred in defending against Acierno's adverse possession claim due to Acierno's bad faith conduct, specifically a false averment in his complaint and misrepresentations in interrogatories. The court dismissed Count
• Lockridge v. City of Oldsmar
  397 F. Supp. 2d 1347· M.D. Fla.· 2005-09-27
  The court held that while the claim for injunctive relief was moot due to the ordinance's repeal, the claim for monetary damages was not moot and the ordinance's content-based restrictions violated the First Amendment.
• Qantum Commc'ns Corp. v. Star Broad., Inc.
  382 F. Supp. 2d 1362· S.D. Fla.· 2005-08-16
  The court held that the plaintiff demonstrated a substantial likelihood of success on the merits and a substantial threat of irreparable injury, thus granting a preliminary injunction against the defendants' sale of the radio station assets.
• Hogan v. Dickenson
  910 So. 2d 866· Fla. 5th DCA· 2005-07-22
  The court held that a writ of mandamus to compel a ruling on a petition for declaratory and injunctive relief should be denied if the petitioner has not sufficiently brought the case to the attention of the assigned judge by securing a hearing date.
• The City OF Temple Terrace v. Tozier
  903 So. 2d 970· Fla. 2d DCA· 2005-04-29
  The City of Temple Terrace appealed a trial court's decision striking conditions from a right-of-way vacation ordinance, holding that municipalities lack authority to condition such vacations on private development agreements. The appellate court reversed, concluding that Florida
• Humana Med. Plan, Inc. v. State
  898 So. 2d 1040· Fla. 1st DCA· 2005-03-16
  Humana Medical Plan challenges a Florida statute requiring AHCA to adjust Medicaid managed care plan enrollee assignments in Miami-Dade County to ensure smaller plans maintain 15,000 members. The court upholds the statute as a valid general law relating to the statewide Medicaid
• D.P. Ex Rel. E.P. v. Sch. Bd. of Broward Cnty.
  360 F. Supp. 2d 1294· S.D. Fla.· 2005-03-08
  The court held that the "stay-put" provision of the IDEA does not require a school district to continue providing early intervention services under an IFSP when a child transitions to public school and an IEP has not yet been developed, especially when the child is seeking initia
• Weaver v. The Sch. Bd. OF Leon Cnty.
  896 So. 2d 929· Fla. 1st DCA· 2005-03-04
  Dr. Weaver appeals an injunction prohibiting him from prosecuting administrative actions and filing new employment-related claims against the School Board without legal representation. The court affirms most issues but reverses the portion of the injunction that purports to restr
• IN & FOR NEW Castle Cnty. Richard J. Korn & Andrew DAL Nogare v. NEW Castle Cnty.
  Del. Ch.· 2005-02-10
  The Delaware Court of Chancery held that New Castle County exceeded its statutory authority by accumulating unauthorized reserves and that the County must adhere to its own ordinance limiting reserve funds to 20 percent of the total estimated revenue for each fund. The court gran
• Fla. High Sch. Athletic Ass'n v. Marazzito
  891 So. 2d 653· Fla. 2d DCA· 2005-02-02
  The Florida High School Athletic Association (FHSAA) appealed an injunction requiring it to allow a student to participate in high school baseball after denying a hardship waiver request. The court reversed, holding that courts may only intervene in the internal affairs of athlet
• Diaz v. Hood
  342 F. Supp. 2d 1111· S.D. Fla.· 2004-10-26
  The court held that the plaintiffs, both individual and union, lacked standing to bring their claims because they failed to allege sufficient facts demonstrating injury in fact, causation, or redressability, or failed to identify specific injured members.
• Singer Asset Fin. Co., L.L.C. v. Cont'l Cas. Co.
  886 So. 2d 1004· Fla. 5th DCA· 2004-10-22
  The court held that while the settlement agreement was not an annuity, its anti-assignment provision is valid and enforceable under Texas law, defeating the creditor's claim against the insurer.
• Michele Pommier Models, Inc. v. Diel
  886 So. 2d 993· Fla. 3d DCA· 2004-10-13
  Wilhelmina Models appealed the dismissal of its count seeking preliminary injunctive relief against Michele Pommier Diel for alleged violations of a non-compete agreement. The court affirmed the dismissal of the preliminary injunction count because Wilhelmina filed suit one week
• BAL Harbour Vill. v. Welsh
  879 So. 2d 1265· Fla. 3d DCA· 2004-08-11
  Bal Harbour Village enacted an ordinance limiting homeowners to two dogs, enacted after problems with unleashed dogs, bites, and barking. William Welsh, who owned four dogs before the ordinance, challenged its enforcement against him as retroactive. The court held that police pow
• IN & FOR NEW Castle Cnty. ALL PRO Maids, Inc. v. Civil Action No. 058-N Susan Layton
  Del. Ch.· 2004-08-09
  The Court held that the employment agreement containing a covenant not to compete was valid and enforceable. The employee breached the agreement by forming a competing company and soliciting former clients. The employee and the new company were found liable for tortious interfere
• Guetling v. Household Fin. Servs., Inc.
  312 B.R. 699· M.D. Fla.· 2004-07-20
  The court held that the plaintiffs failed to state a claim for relief and lacked standing for certain claims, but granted leave to amend the complaint.
• Cont'l Aviation Servs., Inc. v. City OF Naples Airport Auth.
  873 So. 2d 567· Fla. 2d DCA· 2004-05-26
  The court held that the NAA's resolution was not an invalid zoning ordinance under state law and could not be overcome by the terms of the lease or fuel permit.
• Cotton v. Martin Cnty.
  306 F. Supp. 2d 1182· S.D. Fla.· 2004-02-27
  The court granted summary judgment for the County on federal claims, denied the plaintiff's motions, and declined supplemental jurisdiction over state law claims.
• Braxton v. Holmes Cnty. Election Canvassing Bd.
  870 So. 2d 958· Fla. 1st DCA· 2004-02-24
  John Braxton challenges the Holmes County sheriff's election results, which he lost by five votes to Dennis Lee. The trial court rejected his fraud and gross negligence claims but conducted a manual recount of undervotes. The appellate court affirms dismissal of fraud and neglige
• Fla. Dep't of Agric. & Consumer Servs. v. John M. and Patricia A. Haire
  865 So. 2d 610· Fla. 4th DCA· 2004-01-21
  Appellees were required to exhaust administrative remedies before seeking judicial intervention to challenge the department's implementation of citrus canker eradication statutes.
• Comcast SCH Holdings, Inc. v. Rolling Greens MHP, L.P.
  864 So. 2d 519· Fla. 5th DCA· 2004-01-09
  Comcast appealed the trial court's order striking its complaint and entering final judgment for Rolling Greens based on a finding that Comcast's pleadings constituted fraud on the court. The appellate court reversed, holding that while Comcast's filings were inaccurate and mislea
• Osterback v. Kemp
  300 F. Supp. 2d 1263· N.D. Fla.· 2003-12-13
  Upon reconsideration, the court affirmed its prior order granting summary judgment in part, denying it in part, and remanded the case for further proceedings.
• Koziara v. City of Casselberry
  347 F. Supp. 2d 1223· M.D. Fla.· 2003-12-03
  The court held that the plaintiff lacked standing to challenge the city's adult entertainment code provisions, as her claims did not meet the requirements for overbreadth, prior restraint, or third-party standing, and thus the court lacked subject-matter jurisdiction.
• IN & FOR NEW Castle Cnty. Bruce E. Zoren
  Del. Ch.· 2003-07-28
  The court dismissed the plaintiff's amended complaint, finding that it failed to state a claim upon which relief could be granted. The court held that the plaintiff did not adequately allege a breach of fiduciary duty in connection with the restructuring, as the claims were eithe
• Barna v. Barna
  850 So. 2d 603· Fla. 4th DCA· 2003-07-09
  Peter Barna appealed a family court order denying his motion challenging the constitutionality of Florida's permanent alimony statutes and awarding attorney's fees to his ex-wife. The Fourth District affirmed the denial of his motion and the fee award, finding his constitutional
• Richard and Patricia LEE v. Bert Hartsfield as Leon Cnty. Prop. Appraiser
  848 So. 2d 430· Fla. 1st DCA· 2003-07-02
  The court affirmed that a challenge to a property assessment, regardless of how framed, must comply with the 60-day non-claim statute under section 194.171(2), Florida Statutes, and the trial court properly lacked subject matter jurisdiction over the Lees' declaratory and injunct
• Bfi Waste Sys. of N. Am., Inc. v. Broward Cnty.
  265 F. Supp. 2d 1332· S.D. Fla.· 2003-06-06
  The court held that the County's actions in contracting for solid waste disposal and requiring haulers to use designated facilities fall under the market participant doctrine, thus exempting them from Commerce Clause scrutiny.
• Dakin v. Borgemeister
  846 So. 2d 1222· Fla. 2d DCA· 2003-06-06
  The Dakins and Hicks sought to recover billboards on property they purchased at foreclosure, claiming the Borgemeisters had no ownership rights. The trial court entered judgment for the Borgemeisters despite a prior foreclosure judgment that determined Tara's (the lessee's) right
• Ingeborg Krieger for the Ingeborg Krieger Revocable Tr. v. The Town OF Longboat KEY
  849 So. 2d 358· Fla. 2d DCA· 2003-05-14
  Ingeborg Krieger challenged a circuit court judgment that the Town of Longboat Key owned a strip of beach property based on dedication to public use. The appellate court reversed the dedication finding but affirmed the judgment against Krieger on other grounds, holding that her d
• S. C. v. Guardian AD Litem
  845 So. 2d 953· Fla. 4th DCA· 2003-04-30
  A 14-year-old dependent minor challenged a trial court order allowing a guardian ad litem unrestricted access to her confidential psychotherapy records under a standard form appointment order. The Fourth District Court of Appeal held that the minor is entitled to notice and a hea
• In & for New Castle Cnty. Cornerstone Techs., LLC
  Del. Ch.· 2003-03-11
  The Delaware Court of Chancery granted defendant Unger's motion to dismiss for lack of personal jurisdiction, finding that the plaintiffs failed to establish that Unger transacted business in Delaware. The court denied defendant Conrad's motion to dismiss for lack of personal jur
• The Univ. OF Fla. v. Salahattin M. Sanal, M.D.
  837 So. 2d 512· Fla. 1st DCA· 2003-01-29
  A non-compete agreement is unenforceable if the party seeking enforcement cannot prove a legitimate business interest in substantial relationships with specific prospective or existing patients, not merely a general interest in all potential patients within a geographic area.
• Beeline Ent. P'rs, Ltd. v. Cnty. of Orange
  243 F. Supp. 2d 1333· M.D. Fla.· 2003-01-13
  The court held that the plaintiff's claims were not ripe for adjudication because they involved as-applied challenges to an ordinance and the plaintiff had not exhausted administrative remedies.
• TOP Rank, Inc. v. Fla. State Boxing Comm'n
  837 So. 2d 496· Fla. 1st DCA· 2003-01-08
  Top Rank, America Presents, and Showtime challenged a Florida statute imposing a 5% tax on boxing promoters, arguing it violated First Amendment protections. The court affirmed the statute's validity, holding that boxing matches do not constitute speech protected by the First Ame
• Doyle v. Maruszczak
  834 So. 2d 307· Fla. 5th DCA· 2003-01-03
  The Doyles appeal from summary judgment in favor of the Maruszczaks, who claimed the Doyles breached fiduciary duties by purchasing property (lot 11) that the Maruszczaks had expressed interest in acquiring. The court affirmed the denial of the motion to disqualify the trial judg
• Galactic Towing, Inc. v. City of Miami Beach
  274 F. Supp. 2d 1315· S.D. Fla.· 2002-12-31
  The court held that Miami Beach's towing ordinances, which regulate non-consensual towing from private property, are related to motor vehicle safety and are therefore not preempted by federal law under 49 U.S.C. § 14501(c)(1), due to the safety exemption in § 14501(c)(2)(A).
• Lewis v. Fla. Parole Comm'n
  830 So. 2d 275· Fla. 3d DCA· 2002-11-20
  The appellate court reversed the dismissal of a petition for declaratory judgment and injunctive relief, finding that the trial court failed to provide the appellant with proper notice and an opportunity to show good cause for continued prosecution.
• Agency FOR Health Care Admin. v. Baker Cnty. Med. Servs., Inc.
  832 So. 2d 841· Fla. 1st DCA· 2002-11-18
  The Florida First District Court of Appeal reversed a trial court judgment finding that the Agency for Health Care Administration (AHCA) breached its Medicaid provider agreement with Baker County Medical Services by failing to pay Baker's full Medicaid rate for emergency outpatie
• Sakura Japanese Steakhouse Inc. v. LIN YAN, Inc.
  827 So. 2d 1105· Fla. 2d DCA· 2002-10-16
  The court held that the trial court erred by denying a request for a temporary injunction without conducting a proper evidentiary hearing.
• In & for New Castle Cnty. Summit Invs. II
  Del. Ch.· 2002-09-20
  The Court of Chancery dismissed the complaint against Ron Sechrist and the Sechrist Trust for lack of personal jurisdiction, finding they lacked sufficient minimum contacts with Delaware. The court also dismissed the claims against the defendant directors, finding they were not n
• Burstein v. First Penn-Pacific Life Ins.
  110 F. Supp. 94· S.D. Fla.· 2002-09-18
  The court held that a RICO claim predicated on mail fraud requires the plaintiff to allege and prove reliance, and that individual issues of reliance and causation predominate over common issues, thus denying class certification.
• Elhanon and Sandra S. Combs v. City OF Naples
  834 So. 2d 194· Fla. 2d DCA· 2002-08-30
  Property owners and a civic association appealed the dismissal of their challenge to a development agreement between the City of Naples and a golf club. The appellate court held that the plaintiffs stated valid causes of action for declaratory judgment and a taxpayer suit, revers
• Leon Cnty. v. Bradfordville Phipps Ltd. P'ship
  823 So. 2d 292· Fla. 1st DCA· 2002-08-14
  Leon County appeals a summary judgment granting declaratory and injunctive relief to Bradfordville Phipps Limited Partnership, which claimed estoppel against the county's application of new zoning and stormwater ordinances. The court reversed, holding that the appellee failed to
• Genzmer v. Pub. Health Tr. of Miami-Dade Cnty.
  219 F. Supp. 2d 1275· S.D. Fla.· 2002-08-01
  The court held that the computer program developed by an employee during his research assignment was a 'work made for hire', vesting copyright ownership with the employer.
• United Teachers of Dade v. Stierheim
  213 F. Supp. 2d 1368· S.D. Fla.· 2002-07-10
  The court held that excluding a publication from a press room based on its content or viewpoint, even if it is a union publication, violates the First Amendment.
• IDS Long Distance, Inc. v. Heiffer
  819 So. 2d 949· Fla. 4th DCA· 2002-06-26
  The court held that while the initial ex parte request for an injunction was improper, the subsequent motion to dissolve rendered the notice issue moot. However, the injunction was correctly dissolved because it was overbroad.
• Broward Cnty. v. Bellsouth Telecomms., Inc.
  820 So. 2d 1001· Fla. 4th DCA· 2002-06-26
  A charter county has the statutory authority to impose an annual occupancy fee on telecommunications companies using its rights-of-way, and this authority is not preempted by state law.
• Discovery Experimental & Dev., Inc. v. Dep't OF Health
  824 So. 2d 195· Fla. 2d DCA· 2002-06-14
  The Florida District Court of Appeal affirmed in part and reversed in part an attorney's fees award to the Department of Health in an enforcement action against the illegal manufacture and sale of a non-FDA approved drug. The court upheld the trial court's determination that DOH
• Figueredo v. Jenne
  820 So. 2d 992· Fla. 4th DCA· 2002-06-12
  This case involves a pretrial detainee's lawsuit against the county sheriff for alleged mistreatment. The appellate court affirmed the dismissal of some claims, reversed others for further proceedings, and dismissed claims that were dismissed without prejudice by the trial court.
• Kemner v. Hemphill
  199 F. Supp. 2d 1264· N.D. Fla.· 2002-05-03
  The court held that the plaintiff's allegations of sexual assault, including forced oral sex, resulting in physical pain, cuts, bruises, vomiting, and shock, constitute 'physical injury' under the PLRA, 42 U.S.C. § 1997e(e), thus allowing claims for compensatory and punitive dama