Injunctive Relief

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

• Chrysler Corp. v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  720 So. 2d 563· Fla. 1st DCA· 1998-09-28
  Chrysler Corporation appealed the dismissal of its complaint challenging the constitutionality of Florida's franchise agreement modification statute (section 320.641(3)). The court affirmed dismissal of Chrysler's as-applied constitutional challenge but reversed dismissal of its
• Diez v. Denson
  719 So. 2d 1206· Fla. 2d DCA· 1998-08-21
  The appellate court reversed the trial court's ruling, finding that the insured's suicide occurred within the two-year suicide period as defined by the date of issue on the permanent life insurance policy.
• Sentry Moving & Storage Servs., Inc. v. Mayhugh
  713 So. 2d 1124· Fla. 3d DCA· 1998-07-29
• Alan Scott, D.C., P.A. v. Moses
  712 So. 2d 1242· Fla. 4th DCA· 1998-07-01
  A chiropractor's professional association cannot enjoin a former employee chiropractor from using patient information obtained from files, as patient names and addresses do not constitute trade secrets under Florida law absent evidence they were kept secret and could not be obtai
• Mayoral-Amy v. BHI Corp.
  158 F.R.D. 143· S.D. Fla.· 1998-06-29
  The court denied the motion to dismiss for insufficient service of process, granting the plaintiff additional time to properly effectuate service.
• Harbor Beach Surf Club, Inc. v. Water Taxi OF FT. Lauderdale, Inc.
  711 So. 2d 1230· Fla. 4th DCA· 1998-05-13
  Harbor Beach Surf Club appeals a judgment requiring it to modify its footbridge over Lake Mayan to accommodate Water Taxi's vessels. The court affirms, holding that Water Taxi established sufficient special injury to maintain a private nuisance action against the obstruction of a
• Davis v. McDonald's Corp.
  44 F. Supp. 2d 1251· N.D. Fla.· 1998-03-30
  Summary judgment is granted in part for McDonald's, finding that the franchise agreements expressly disclaimed any protected territory and that the alleged pre-formation misrepresentations were not reasonably relied upon.
• Summit Towers Condo. Ass'n, Inc. v. Coren
  707 So. 2d 416· Fla. 4th DCA· 1998-03-25
  The court held that the dispute over the assignment of parking spaces is subject to arbitration under the Condominium Act.
• Am. Charities for Reasonable Fundraising Reg., Inc. v. Pinellas Cnty.
  997 F. Supp. 1476· M.D. Fla.· 1998-03-04
  The court denied the motion to dismiss as to defendants Walsh and Lord, finding the Eleventh Amendment did not bar the suit, and ordered further briefing on the Eleventh Amendment immunity for Pinellas County.
• Richardson v. Reno
  994 F. Supp. 1466· S.D. Fla.· 1998-02-13
  The court held that it has jurisdiction to review the denial of a bond hearing for a lawful permanent resident and that the 'arriving alien' designation, as interpreted by the BIA, does not apply to him.
• One World One Family Now v. City of Miami Beach
  990 F. Supp. 1437· S.D. Fla.· 1997-12-17
  The court held that the ordinance restricting non-profit vending from portable tables is a valid, content-neutral time, place, and manner restriction that does not violate the First Amendment.
• Doe v. Stincer
  990 F. Supp. 1427· S.D. Fla.· 1997-12-02
  Florida Statutes section 395.3025(2) is preempted by Title II of the ADA because it improperly discriminates against individuals with mental disabilities by excluding them from the right to access their medical records.
• Trawick v. Fla. Power & Light Co.
  700 So. 2d 770· Fla. 2d DCA· 1997-10-15
  Homeowners challenged FPL's severe trimming of trees on their property and sought declaratory and injunctive relief. The trial court dismissed for lack of jurisdiction, finding the Florida Public Service Commission had exclusive jurisdiction. The appellate court reversed, holding
• Nelson v. Singletary
  700 So. 2d 768· Fla. 2d DCA· 1997-10-15
• United States v. Kaufman
  980 F. Supp. 1247· S.D. Fla.· 1997-08-26
  The court held that a state bar's subpoena compelling a federal judge to testify regarding matters in a pending federal case violates the Supremacy Clause and sovereign immunity, and is therefore invalid.
• Miami Lakes Civic Ass'n, Inc. v. Encinosa
  699 So. 2d 271· Fla. 3d DCA· 1997-08-20
  The Association appeals a final judgment in favor of a homeowner regarding restrictive covenants requiring architectural approval for structures on lakefront lots, and this court reverses that judgment.
• Mora v. Karr
  697 So. 2d 887· Fla. 4th DCA· 1997-06-25
  The Moras and Moores sought a temporary injunction to stop Karr from violating deed restrictions on his property, but the trial court denied the motion. The appellate court affirmed, holding that the Moras had waived the restrictions and the Moores waited too long to seek relief.
• Citizens Concerned About Our Child. v. Sch. Bd. of Broward Cnty.
  966 F. Supp. 1166· S.D. Fla.· 1997-05-13
  The court held that Citizens Concerned About Our Children lacks standing to sue because its members have not demonstrated individual injury, and the individual plaintiffs' claims for injunctive relief are moot. The court also found that the individual plaintiffs lack standing for
• Metzler v. Lykes Pasco, Inc.
  898 F. Supp. 35· S.D. Fla.· 1997-04-14
  The court held that Lykes Pasco failed to take reasonable steps to ensure its farm labor contractors were transporting workers only in authorized vehicles, violating the AWPA. The court also found that claims regarding unsafe bus transport were moot and claims regarding disclosur
• Sutor v. Cochran
  687 So. 2d 897· Fla. 4th DCA· 1997-01-29
  Scott Sutor challenged Sheriff Ron Cochran's Special Process Server Agreement, which required special process servers to use sheriff-provided affidavits, charge fixed fees, and accept at-will termination without cause. The appellate court reversed in part, finding the sheriff exc
• Tamar 7600, Inc. v. Orange Cnty.
  686 So. 2d 790· Fla. 5th DCA· 1997-01-24
  Tamar hotels challenged Orange County's one-percent tourist tax enacted to fund a professional baseball stadium under a contingent agreement with private baseball owners. The trial court dismissed the entire complaint, but the appellate court reversed, holding that taxpayers have
• The Libertarian Party OF Fla. v. Smith
  687 So. 2d 1292· Fla.· 1996-12-05
  The Florida Supreme Court upheld a state statute denying filing fee rebates to minor political parties (those with less than 5% of registered voters), rejecting constitutional challenges based on equal protection and political association rights. The Court held that the statute i
• Smith v. Vaughn
  860 F. Supp. 728· M.D. Fla.· 1996-11-20
  The court held that probable cause existed for the arrest, barring the civil rights and malicious prosecution claims, and denied injunctive relief.
• KSQHG, Inc. v. Geiserman
  682 So. 2d 1190· Fla. 4th DCA· 1996-11-13
  The concurring judge believes the court should adopt a standard where the petitioner must demonstrate that discovery is not relevant to non-accounting counts, and that the primary claim is accounting, to deny discovery.
• Elsa Marina Zelaya Flores v. City OF Miami
  681 So. 2d 803· Fla. 3d DCA· 1996-10-09
  Street vendors challenged a Miami ordinance creating a Downtown Special Vending District with lottery-based franchises and fees as an unconstitutional tax. The court affirmed the ordinance, holding that graduated franchise fees for exclusive use of public property are valid regul
• Westring v. State
  682 So. 2d 171· Fla. 3d DCA· 1996-10-02
  Westring challenged a documentary stamp tax imposed on a quitclaim deed transferring his home back to himself individually pursuant to a marital settlement agreement, arguing the tax was invalidly imposed since no money changed hands. The court affirmed the trial court's dismissa
• Sailfish Point, Inc. v. Sailfish Point Owners Representatives by Jeff Jaffe
  679 So. 2d 1283· Fla. 4th DCA· 1996-09-25
  A recorded declaration restricting alienation of property can support a lis pendens, but the lis pendens must comply with statutory notice requirements and cannot extend to claims unrelated to the property or personal property not sufficiently linked to the lawsuit.
• Fla. Panthers Hockey Club v. Miami Sports & Exhibition Auth.
  939 F. Supp. 855· S.D. Fla.· 1996-08-23
  The court held that the Miami Sports and Exhibition Authority (MSEA) unreasonably withheld its consent to the Panthers' license amendment, and therefore, granted the Panthers' motion for a preliminary injunction.
• Carlsen & Co., Inc. v. Feldman
  677 So. 2d 970· Fla. 3d DCA· 1996-08-07
  The court held that a party may seek reestablishment of a lost document and enforcement of that document in the same lawsuit.
• Martin Cnty. v. Section 28 P'ship, Ltd.
  676 So. 2d 532· Fla. 4th DCA· 1996-07-17
  Martin County appealed a trial court judgment awarding the Partnership injunctive relief and damages for denying comprehensive plan amendments needed for a proposed mixed-use development. The appellate court reversed, holding that the county's refusal to amend its comprehensive p
• Hrynda v. United States
  933 F. Supp. 1047· M.D. Fla.· 1996-07-05
  The court held that the plaintiff's discharge under the 'Old Policy' for admitting homosexual orientation and conduct was constitutionally permissible and did not violate her First or Fifth Amendment rights.
• Univ. Books & Videos, Inc. v. Metro. Dade Cnty.
  844 F. Supp. 758· S.D. Fla.· 1996-07-03
  The court held that abstention doctrines were inapplicable and denied plaintiffs' motions to remand.
• The Fla. Bar re Amendments to Rules Regulating the Fla. Bar (proceedings Before a Referee)
  685 So. 2d 1203· Fla.· 1996-06-27
  The Florida Bar petitioned the Florida Supreme Court to amend Rule 10-7.1 to allow courts to order unlicensed practitioners to pay restitution and costs to complainants in civil injunctive relief cases. The Court declined the restitution amendment but approved provisions for taxi
• ST. Lucie Cnty. v. City OF Fort Pierce
  676 So. 2d 35· Fla. 4th DCA· 1996-06-26
  St. Lucie County appealed a judgment awarding the City of Fort Pierce $509,000 in damages for alleged unjust enrichment, where the county used tipping fees from the city's landfill use to fund closure of a separate landfill the city never used. The appellate court reversed, holdi
• Sapp v. Anderson
  673 So. 2d 569· Fla. 4th DCA· 1996-05-22
• Am. S. Ins. Co. v. State
  674 So. 2d 810· Fla. 1st DCA· 1996-05-13
  American Southern Insurance Company, a Georgia-domiciled insurer, appeals a retaliatory tax assessment by Florida's Department of Revenue, challenging the Department's definition of "similar insurer" under Florida's retaliatory tax statute. The court affirms the Department's cons
• Martin Cnty. v. Section 28 P'ship, Ltd.
  668 So. 2d 672· Fla. 4th DCA· 1996-02-28
  Martin County appealed a trial court judgment awarding injunctive relief and monetary damages to Section 28 Partnership for alleged constitutional violations stemming from the county's denial of comprehensive plan amendments and a proposed development. The appellate court reverse
• Dep't OF Hwy. Safety & Motor Vehicles v. McINTYRE
  680 So. 2d 453· Fla. 1st DCA· 1996-01-19
  The Florida Highway Patrol appealed a temporary restraining order preventing it from interviewing FHP Captain McIntyre about a 1989 off-duty automobile accident. McIntyre sought injunctive relief claiming an unconstitutional invasion of privacy under the Florida Constitution. The
• Geany v. The Packers OF Indian River, Inc.
  660 So. 2d 1144· Fla. 4th DCA· 1995-09-20
  The court held that the trial court erred in ordering the deposit of crop sale proceeds into the registry of the court, as neither the statute nor the rules authorized such a compelled deposit.
• United States v. Sea Winds of Marco, Inc.
  893 F. Supp. 1051· M.D. Fla.· 1995-07-07
  The court held that HUD's alleged procedural violations of the Fair Housing Act do not divest the court of subject matter jurisdiction, and that the complaint sufficiently states claims under §§ 3604(b) and 3617 for certain plaintiffs.
• Zeller v. the Florida Bar
  909 F. Supp. 1518· N.D. Fla.· 1995-06-16
  The court held that the time restrictions on soliciting and accepting judicial campaign contributions under Canon 7C(1) were unconstitutional as they unduly restricted First Amendment rights of speech and association without being narrowly tailored to the state's interest in prev
• Elliot v. Pallotti
  654 So. 2d 1300· Fla. 5th DCA· 1995-06-02
  Karen Elliot appealed the trial court's denial of her motion for attorney's fees and costs in a real property dispute with Cynthia Pallotti. The Florida Fifth District Court of Appeal affirmed the denial, holding that Elliot failed to establish a basis for attorney's fees because
• Of Chancery of the State of Del. Leo E. Strine. JR. v. I C E - C H A N C E L L O R February 7
  Del. Ch.· 1995-05-11
  The court denied Ambase Corporation's motion for reargument, affirming its prior decision to dismiss Ambase's claims against City Investing Liquidating Trust and its affiliates. The court found that Ambase failed to demonstrate a misunderstanding of material fact or misapplicatio
• Mangio v. Equifax, Inc.
  887 F. Supp. 283· S.D. Fla.· 1995-05-01
  District courts lack jurisdiction to grant injunctive relief under the Fair Credit Reporting Act (FCRA) because the statute only authorizes enforcement of monetary liabilities, not compliance.
• Acsi, Inc. v. AAA Constr. Sch., Inc.
  650 So. 2d 236· Fla. 1st DCA· 1995-03-01
• Schramek v. Jones
  790 F. Supp. 1410· M.D. Fla.· 1995-02-21
  The court held that the plaintiffs lacked standing to bring their claim because they failed to demonstrate a direct, concrete injury in fact traceable to the defendant's actions and redressable by the court.
• Holywell Corp. v. Bank of N.Y. (In Re Holywell Corp.)
  177 B.R. 991· S.D. Fla.· 1995-01-20
  The district court affirmed all five bankruptcy court orders, finding no abuse of discretion or legal error in the bankruptcy court's rulings on motions, judgments, and settlement approvals.
• Beate Kittel-Glass v. Oceans Four Condo. Ass'n
  648 So. 2d 827· Fla. 5th DCA· 1995-01-06
  This case involves a condominium owner who challenged a final judgment that awarded the condominium association injunctive relief and monetary damages. The appellate court reversed the judgment, finding that the owner was not properly charged with the number of violations for whi
• Strang v. Satz
  779 F. Supp. 1045· S.D. Fla.· 1994-10-03
  The court held that abstention under Pullman is inappropriate because the statute is facially challenged as violating the First Amendment, and there is no readily available limiting construction that would avoid this constitutional issue.
• Santa Rosa Cnty. v. Admin. Comm'n
  642 So. 2d 618· Fla. 1st DCA· 1994-09-14
  Santa Rosa County challenged the constitutionality of Florida's Growth Management Act and implementing rules, seeking declaratory and injunctive relief. The trial court granted summary judgment for the state based on mootness and lack of standing. The appellate court affirmed the