Injunctive Relief

8,020 Florida cases classified under this topic · sorted by citation count

• Zingale v. The Crossings AT Fleming Island Cmty. Dev. Dist.
  960 So. 2d 20· Fla. 1st DCA· 2007-05-08 ·cited 8×
  The Florida District Court of Appeal addressed whether recreational properties owned by a community development district (CDD) qualify for ad valorem tax exemption as municipal property. The court affirmed the exemption for the golf course, swim centers, and playgrounds under Flo
• Fla. Hometown Democracy, Inc. v. Cobb
  953 So. 2d 666· Fla. 1st DCA· 2007-03-30 ·cited 8×
  Florida Hometown Democracy, Inc. and Lesley Gay Blackner challenged the constitutionality of Senate Joint Resolution 2394, which proposed to impose time limitations on citizen-initiated constitutional amendments. The trial court granted summary judgment for the Secretary of State
• Habitat II Condo., Inc. v. Kerr
  948 So. 2d 809· Fla. 4th DCA· 2007-01-03 ·cited 8×
  A dispute concerning a condominium unit's title, arising from an alleged violation of the association's right of first refusal, is not subject to mandatory non-binding arbitration under Florida Statutes section 718.1255.
• Carvel v. Godley
  939 So. 2d 204· Fla. 4th DCA· 2006-10-11 ·cited 8×
  In this case of first impression, the Fourth District Court of Appeal reversed a trial court's grant of summary judgment approving trust accountings, holding that a decedent's estate has standing as an intended beneficiary of a revocable trust to demand an accounting and challeng
• Broward Cnty. v. Meiklejohn
  936 So. 2d 742· Fla. 4th DCA· 2006-08-23 ·cited 8×
  Broward County appealed a trial court's grant of a preliminary injunction reinstating a terminated employee who alleged discrimination and retaliation. The appellate court reversed, holding that the trial court erred in presuming irreparable harm in employment discrimination case
• P & O Ports Fla., Inc. v. Cont'l Stevedoring & Terminals, Inc.
  904 So. 2d 507· Fla. 3d DCA· 2005-05-25 ·cited 8×
  P & O Ports Florida appealed a trial court judgment that adopted a Special Master's recommendation declaring P & O's buy-sell offer invalid because it improperly conditioned the purchase on waiving the non-compete provision of the LLC agreement. The appellate court reversed, hold
• Shields v. Andros Isle Prop. Owners Ass'n, Inc.
  872 So. 2d 1003· Fla. 4th DCA· 2004-05-12 ·cited 8×
  Charlotte Shields challenged a homeowner association's injunction prohibiting signs in her vehicle windows criticizing her home's builder. The Fourth District affirmed the injunction regarding her yard sign but reversed as to the vehicle window signs, finding the Declaration's la
• Dornbach v. Holley
  854 So. 2d 211· Fla. 2d DCA· 2002-12-27 ·cited 8×
  The Dornbachs challenged a permanent injunction prohibiting them from operating a community residential home for developmentally disabled adults on their property in a residential subdivision. The court reversed, holding that enforcing the restrictive covenants against such a use
• Meyers v. The Club AT Crystal Beach Club, Inc.
  826 So. 2d 1086· Fla. 5th DCA· 2002-10-04 ·cited 8×
  Neil Meyers and his son Jared appealed a trial court's denial of their motion to dissolve a temporary injunction and the vacation of a stipulation in a corporate dispute involving timeshare companies. The Florida Fifth District Court of Appeal affirmed both orders, finding no abu
• Coleman v. B.R. Chamberlain & Sons, Inc.
  766 So. 2d 427· Fla. 5th DCA· 2000-08-25 ·cited 8×
  A provision in an employment agreement requiring an employee to pay 200% of one year's gross revenue for each client who leaves with the employee is an unenforceable penalty.
• Trovillo v. Fla. Dep't OF LAW Enf't
  762 So. 2d 1038· Fla. 5th DCA· 2000-07-28 ·cited 8×
• Buck Lake Alliance, Inc. v. Bd. OF Cnty. Comm'rs OF Leon Cnty.
  765 So. 2d 124· Fla. 1st DCA· 2000-06-19 ·cited 8×
  Buck Lake Alliance challenged a development order for the Marsh Landing project as inconsistent with the Tallahassee-Leon County Comprehensive Plan under Florida Statutes § 163.3215. The trial court granted summary judgment based on collateral estoppel and an incorrect interpreta
• Anich Indus., Inc. v. Raney
  751 So. 2d 767· Fla. 5th DCA· 2000-03-03 ·cited 8×
  Anich Industries appealed the denial of a temporary injunction against former employee Raney, who violated a non-compete agreement by joining a competitor within three months of employment. The court affirmed the denial, holding that Anich failed to demonstrate any protectable le
• Flickenger v. R.J. Fitzgerald & Co., Inc.
  732 So. 2d 33· Fla. 2d DCA· 1999-04-30 ·cited 8×
  Appellants challenge a temporary injunction enforcing restrictive covenants in their employment agreement with a commodities brokerage firm. The court affirms the injunction but reduces the three-year non-compete period to two years as presumptively unreasonable under Florida law
• First Montauk Sec. Corp. v. Four Mile Ranch Dev. Co.
  65 F. Supp. 2d 1371· S.D. Fla.· 1999-03-17 ·cited 8×
  The court held that First Montauk's membership in the NASD, combined with NASD rules, constitutes a written agreement to arbitrate, and Ranch's dispute falls within the scope of those rules.
• Nutrivida, Inc. v. Inmuno Vital, Inc.
  46 F. Supp. 2d 1310· S.D. Fla.· 1998-12-06 ·cited 8×
  The court held that Nutrivida's knowing and willful infringement of Inmuno Vital's intellectual property rights, including the unauthorized use of celebrity endorsements and trademarks, warranted disgorgement of profits, punitive damages, prejudgment interest, and attorneys' fees
• Ferola v. Blue Reef Holding Corp., Inc.
  719 So. 2d 389· Fla. 4th DCA· 1998-10-28 ·cited 8×
  Property owners Frank and Vera Ferola challenged the trial court's dismissal of their complaint against a developer for violating deed restrictions by constructing townhouses on a designated recreation area. The court affirmed dismissal of the injunctive relief claim as barred by
• Watkins v. Colonial Life & Accident Ins. Co.
  719 So. 2d 934· Fla. 5th DCA· 1998-09-11 ·cited 8×
  Wayne Watkins appeals a trial court's order enjoining him from breaching a noncompete clause in his employment contract with Colonial Life and ordering arbitration of damages. The appellate court reverses both orders, finding the permanent injunction was entered improperly withou
• Paedae v. Escambia Cnty.
  709 So. 2d 575· Fla. 1st DCA· 1998-03-13 ·cited 8×
  The Paedaes challenged a summary judgment dismissing their federal civil rights and state law claims for damages after Escambia County denied them the right to use their property for mobile homes. The court held that neither a federal substantive due process claim nor a state cau
• Balasco v. Gulf Auto Holding, Inc.
  707 So. 2d 858· Fla. 2d DCA· 1998-03-04 ·cited 8×
  The court held that the nonpiracy agreement is enforceable but remanded to reduce the duration of the restraint to two years, as the original three-year period was presumptively unreasonable.
• Decker v. Cnty. OF Volusia
  698 So. 2d 650· Fla. 5th DCA· 1997-09-05 ·cited 8×
  The court held that a pleading cannot be stricken as a sham unless it is inherently false and known to be false, and the motion to strike must be verified.
• Lady J. Lingerie, Inc. v. City of Jacksonville
  973 F. Supp. 1428· M.D. Fla.· 1997-08-26 ·cited 8×
  The court held that the city's ordinances, while regulating adult entertainment, did not violate procedural due process and provided sufficient alternative avenues for communication. The court also found that nude dancing is expressive conduct protected by the First Amendment.
• The Sterling Condo. Ass'n, Inc. v. Eden Herrera
  690 So. 2d 703· Fla. 3d DCA· 1997-04-02 ·cited 8×
  The court held that the trial court erred in vacating a final summary judgment and compelling arbitration because the defendant waived the right to arbitration by actively participating in litigation for over two years, and the arbitration statute is not jurisdictional.
• LEE Cnty. v. Sylvan Zemel
  675 So. 2d 1378· Fla. 2d DCA· 1996-04-10 ·cited 8×
  Lee County appealed a trial court judgment that invalidated land use plan amendments on constitutional grounds, finding them arbitrary and capricious as applied to the Zemels' property. The court reversed, holding that constitutional challenges to agency action must be pursued th
• Health Care Mgmt. Consulting, Inc. v. McCOMBES
  661 So. 2d 1223· Fla. 1st DCA· 1995-09-22 ·cited 8×
  HCMC sought injunctive relief to enforce a non-compete covenant against McCombes, its former employee, alleging trade secret misappropriation and customer solicitation. The trial court dissolved the injunction, but the appellate court reversed, finding that McCombes's direct soli
• In re Est. OF Richard Roy Yerex v. Durzo
  651 So. 2d 220· Fla. 4th DCA· 1995-03-01 ·cited 8×
  In three consolidated appeals from probate proceedings, the Fourth District Court of Appeal reversed a trial court's award of attorney's fees as excessive, affirmed an order extending time for filing an independent action but reversed a confidentiality order limiting the personal
• Aspen-Tarpon Springs Ltd. P'ship v. Stuart
  635 So. 2d 61· Fla. 1st DCA· 1994-01-18 ·cited 8×
  Mobile home park owners challenged the constitutionality of two provisions of Florida's Mobile Home Act. The trial court upheld section 723.033 (rent control) as constitutional but struck down section 723.061(2) (relocation/buyout requirements) as an unconstitutional taking of pr
• Charter Review Comm'n OF Orange Cnty. v. Ernie Scott
  627 So. 2d 520· Fla. 5th DCA· 1993-10-01 ·cited 8×
  The Florida District Court of Appeal upheld a trial court decision striking a ballot question from an Orange County charter amendment election as unconstitutional under the single subject rule. The court held that Florida's single subject requirement, which prohibits combining mu
• Coastal Computer Corp. v. Team Mgmt. Sys., Inc.
  624 So. 2d 352· Fla. 2d DCA· 1993-09-15 ·cited 8×
  Coastal Computer Corporation sought a temporary injunction to enforce noncompetition provisions in employment agreements with the Tuttles, but the trial court denied the motion, finding the agreements provided an exclusive remedy of forfeiture of benefits rather than injunctive r
• Fargo Women's Health Org. v. Schafer
  507 U.S. 1013· U.S.· 1993-04-02 ·cited 8×
• State of Fla. Dep't of Agric. & Consumer Servs. v. Quick Cash OF Tallahassee, Inc.
  609 So. 2d 735· Fla. 1st DCA· 1992-12-04 ·cited 8×
  The Florida Department of Agriculture and Consumer Services appeals a summary judgment dismissing its action against Quick Cash for lacking statutory authority and standing. The court reverses, holding that section 570.544(11) clearly vests the Division with authority to sue on b
• Cottrell v. Miskove
  605 So. 2d 572· Fla. 2d DCA· 1992-09-25 ·cited 8×
  This consolidated appeal addresses whether a subdivision's restrictive covenant prohibiting "commercial vehicles" in driveways and streets is enforceable or impermissibly ambiguous. The court reversed the trial court's denial of injunctive relief, holding that "commercial vehicle
• Burger King Corp. v. Weaver
  798 F. Supp. 684· S.D. Fla.· 1992-05-22 ·cited 8×
  The court held that the express language of the franchise agreements did not preclude a claim for breach of the implied covenant of good faith and fair dealing, but dismissed other counts for failure to state a claim or lack of evidence.
• EL DIA, Inc. v. Colon
  963 F.2d 488· 1st Cir.· 1992-05-07 ·cited 8×
  The court held that the district court erred in granting declaratory and injunctive relief because the federal court should have exercised its discretion to withhold relief, considering the existence of a state court TRO, the unsettled nature of the constitutional claims, and pri
• Barker v. Kansas
  503 U.S. 594· U.S.· 1992-04-21 ·cited 8×
  The Court held that Kansas's income tax on military retirement benefits, while exempting state and local government retirees' benefits, discriminates against military retirees in violation of 4 U.S.C. § 111.
• Novak v. Andersen Corp.
  962 F.2d 757· 8th Cir.· 1992-04-09 ·cited 8×
  The court should have authority to order compensation as 'other appropriate equitable relief' under ERISA.
• State v. Summit Consulting, Inc.
  594 So. 2d 862· Fla. 2d DCA· 1992-03-04 ·cited 8×
  The Department of Labor and Employment Security appealed the denial of its motion to dismiss a lawsuit filed by Summit Consulting in Polk County Circuit Court. The court held that state agencies are entitled to a venue privilege requiring suits to be brought in the county of thei
• Roosevelt v. E.I. DU Pont de Nemours & Co.
  958 F.2d 416· D.C. Cir.· 1992-03-04 ·cited 8×
  A private right of action is implied under Section 14(a) of the Securities Exchange Act of 1934 to enforce a company's obligation to include shareholder proposals in proxy materials. The court upheld the exclusion of a shareholder proposal regarding the timing of CFC phase-out un
• Flagler Fed. Sav. & Loan Ass'n of Miami v. Crestview Towers Condo. Ass'n, Inc.
  595 So. 2d 198· Fla. 3d DCA· 1992-02-25 ·cited 8×
  Flagler Federal Savings and Loan Association appealed a summary judgment upholding a condominium association's amended declaration prohibiting unit leasing. The court affirmed, holding that a mortgagee-turned-owner is bound by condominium declaration amendments regardless of when
• Tex. PIG Stands, Inc. v. Hard Rock Cafe Int'l, Inc.
  951 F.2d 684· 5th Cir.· 1992-01-29 ·cited 8×
  The court held that a district court has discretion to award attorneys' fees in trademark infringement cases, especially when the infringement is willful, even if the plaintiff did not suffer lost sales.
• Cable Television Ass'n OF NEW York, Inc. v. Finneran
  954 F.2d 91· 2d Cir.· 1992-01-16 ·cited 8×
  New York's regulation of cable television downgrade charges is not preempted by the Cable Communications Policy Act of 1984 because downgrade charges are not 'rates for the provision of cable services.'
• Beattie v. United States
  949 F.2d 1092· 10th Cir.· 1991-11-26 ·cited 8×
  The court held that the plaintiff's termination of employment mooted his claims for equitable relief, as there was no longer a live case or controversy.
• Volunteer Med. Clinic, Inc. v. Operation Rescue
  948 F.2d 218· 6th Cir.· 1991-10-29 ·cited 8×
• Soc'y OF Separationists, Inc. v. Herman
  939 F.2d 1207· 5th Cir.· 1991-08-28 ·cited 8×
  The court held that a generic objection to making any formal declaration of truthfulness, without specifying the objectionable element, does not constitutionally excuse a witness from taking an oath or affirmation.
• Eugene Glick, M.D. v. McKay
  937 F.2d 434· 9th Cir.· 1991-06-21 ·cited 8×
  The Court held that Nevada's judicial bypass procedure for parental notification of abortion for minors is unconstitutional because it fails to meet the expediency requirement for a notice statute bypass.
• Pearson v. Fair
  935 F.2d 401· 1st Cir.· 1991-06-03 ·cited 8×
  The court held that the consent decrees and constitutional clauses did not require the application of specific clinical standards to patient sequestration, and affirmed the district court's decisions on the sequestration dispute and MPU controversy, but vacated the attorneys' fee
• In re Off. OF Inspector Gen.
  933 F.2d 276· 5th Cir.· 1991-05-28 ·cited 8×
  The court held that the district court erred in allowing unlimited discovery and suspending the subpoena enforcement action, and that the railroad's separate suit to enjoin the subpoena was foreclosed.
• RUM Creek Coal Sales v. Honorable W. Gaston Caperton
  926 F.2d 353· 4th Cir.· 1991-02-25 ·cited 8×
  The court held that the district court erred in denying a preliminary injunction based on its misapprehension of the law regarding the Trespass Statute's proviso, and reversed the denial.
• Overton v. United States
  925 F.2d 1282· 10th Cir.· 1991-02-12 ·cited 8×
  The court held that the district court correctly dismissed claims against the revenue officer for lack of personal jurisdiction and granted summary judgment for the government on claims against the United States due to sovereign immunity and the Anti-Injunction Act.
• Metro. Inv. Corp. v. Buchler
  575 So. 2d 262· Fla. 3d DCA· 1991-02-12 ·cited 8×
  Metropolitan Investment Corporation challenged a temporary injunction requiring it to remit lease payments to English insolvency administrators of Havelet Leasing, Ltd. The Florida appellate court affirmed the injunction, rejecting Metropolitan's arguments that the English receiv