Injunctive Relief

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

• Jones v. Miami Herald Media Co.
  198 So. 3d 1143· Fla. 1st DCA· 2016-08-29 ·cited 5×
  The Florida Department of Corrections appealed an order requiring it to identify, on a redaction-by-redaction basis, the statutory exemption for each redaction in public records. The appellate court reversed, holding that the Public Records Act requires only record-by-record iden
• Falkinburg v. Vill. OF EL Portal
  183 So. 3d 1189· Fla. 3d DCA· 2016-01-13 ·cited 5×
  Residents of a mobile home park challenge a settlement agreement between their municipality and the park's owners that would result in park closure. The court reverses the dismissal, holding that the residents stated a meritorious claim under Florida Statute § 723.083, which proh
• Venice HMA, LLC v. Sarasota Cnty. & Sarasota Cnty. Pub. Hosp. Dist.
  198 So. 3d 23· Fla. 2d DCA· 2015-08-14 ·cited 5×
  Private hospitals in Sarasota County sought reimbursement from the county for providing indigent care under a special law. The court held that the reimbursement provision unconstitutionally grants a special privilege to private corporations, placing them in an advantageous positi
• Anarkali Boutique, Inc. v. Nahomi Ortiz
  104 So. 3d 1202· Fla. 4th DCA· 2012-12-12 ·cited 5×
  Anarkali Boutique appealed a circuit court's denial of a temporary injunction against a former worker who allegedly violated a non-compete/non-solicitation agreement. The company argued the court misinterpreted the agreement by finding the non-compete period began running when th
• Horizons A FAR, LLC v. Plaza N 15, LLC
  114 So. 3d 992· Fla. 5th DCA· 2012-07-27 ·cited 5×
  Horizons, a member of Plaza N 15, LLC, sought appointment of a receiver in a breach of fiduciary duty action. The trial court denied the request based on section 13.4 of the operating agreement, which it interpreted as a blanket waiver of members' rights to seek receiver appointm
• Robert Nucci, M.D. v. Storm Football P'rs
  82 So. 3d 180· Fla. 2d DCA· 2012-03-09 ·cited 5×
  Dr. Nucci appeals a trial court judgment confirming an arbitration award of over $3.5 million against him in favor of Storm Football Partners. The key issue is whether the Partners waived their right to arbitrate by simultaneously pursuing injunctive relief in court while also in
• Alorda v. Sutton Place Homeowners Ass'n, Inc.
  82 So. 3d 1077· Fla. 2d DCA· 2012-01-06 ·cited 5×
  The Alordas appealed a trial court's award of attorney's fees and costs to their homeowners association following dismissal of an injunctive relief action. The court reversed, holding that the association could not be the prevailing party because it failed to state a valid cause
• Giordano v. Romeo
  76 So. 3d 1100· Fla. 3d DCA· 2011-12-28 ·cited 5×
  A website operator is immune from liability for third-party defamatory content posted on its site under the Communications Decency Act.
• Sharma v. Narine Ramlal
  76 So. 3d 955· Fla. 2d DCA· 2011-11-02 ·cited 5×
• Paul Jacquin & Sons, Inc. v. City OF Port ST. Lucie
  69 So. 3d 306· Fla. 4th DCA· 2011-07-27 ·cited 5×
  Paul Jacquin & Sons, an unsuccessful bidder on a City of Port St. Lucie construction project, appealed the denial of its motion for temporary injunction challenging the City's award to its own Construction Division. The court found the appeal moot because the City subsequently re
• Kirkland v. Peoplessouth Bank
  70 So. 3d 662· Fla. 1st DCA· 2011-06-28 ·cited 5×
  The appellate court affirmed the trial court's order quieting title to property but reversed and remanded the order granting a permanent injunction due to insufficient reasoning provided by the trial court.
• Miami-Dade Cnty. v. Malibu Lodging Invs., LLC
  64 So. 3d 716· Fla. 3d DCA· 2011-06-01 ·cited 5×
  Miami-Dade County challenged a hotel owner's placement of outdoor advertising signage on its property, arguing it violated county ordinances protecting aesthetic qualities and public safety near expressways. The trial court dismissed the case, finding the ordinances unconstitutio
• Palm Beach Polo Holdings, Inc. v. Equestrian Club Ests. Prop. Owners Ass'n, Inc.
  22 So. 3d 140· Fla. 4th DCA· 2009-11-18 ·cited 5×
  Palm Beach Polo Holdings appeals a final judgment awarding attorney's fees to Equestrian Club Estates Property Owners Association based on proposals for settlement. The appellate court reverses, holding that general proposals for settlement cannot apply to cases containing both d
• Chick-Fil-A, Inc. v. Cft Dev., LLC
  652 F. Supp. 2d 1252· M.D. Fla.· 2009-09-03 ·cited 5×
  The court held that the restrictive covenant prohibiting quick-service restaurants deriving 25% or more of gross sales from chicken is enforceable against Panda Express.
• Weiss v. Weiss
  5 So. 3d 758· Fla. 5th DCA· 2009-03-06 ·cited 5×
  In a dissolution of marriage dispute, the trial court granted an attorney's motion for fees and a charging lien, and also entered an order enjoining the client from making allegedly defamatory statements about the attorney online. The appellate court affirmed the charging lien bu
• Finch v. Seminole Cnty. Sch. Bd.
  995 So. 2d 1068· Fla. 5th DCA· 2008-11-21 ·cited 5×
  Appellants challenged the Seminole County School Board's high school rezoning process, alleging violations of Florida's Sunshine Law. The court found one unintentional violation—a school bus tour of School Board members—but concluded the violation was cured by subsequent full pub
• Stockwire Research Grp., Inc. v. Lebed
  577 F. Supp. 2d 1262· S.D. Fla.· 2008-09-18 ·cited 5×
  The court granted plaintiffs' motion for default judgment, awarding statutory and trebled actual damages for copyright infringement and related claims under the DMCA and federal unfair competition law.
• Liberty Mut. Ins. v. Aventura Eng'g & Const.
  534 F. Supp. 2d 1290· S.D. Fla.· 2008-01-08 ·cited 5×
  The court held that Plaintiff Liberty Mutual Insurance Company was entitled to summary judgment, a judicial declaration of its right to settle Aventura's claim, monetary judgment for losses, and specific performance requiring collateral posting.
• Hale v. Dep't OF Revenue
  973 So. 2d 518· Fla. 1st DCA· 2007-12-20 ·cited 5×
  Emily Hale appealed a trial court order striking her claim for attorney's fees against the Department of Revenue in a tax dispute over apartment rentals. The court affirmed, holding that Hale failed to satisfy the condition precedent to seeking attorney's fees by not serving the
• Wingard v. Emerald Venture Fla. LLC
  438 F.3d 1288· 11th Cir.· 2006-02-09 ·cited 5×
  Wingard involved a dispute over the scope of a beach access easement created in 1979 across property in Florida. The prior state court decision in Walters v. McCall had ruled that the easement was for residential use only and excluded commercial enterprises like campgrounds, but
• Marsh v. State
  919 So. 2d 540· Fla. 3d DCA· 2005-12-21 ·cited 5×
  The court struck the pro se petition because the petitioner was represented by counsel and denied the petition for writ of mandamus.
• Ass'n for Disabled Americans, Inc. v. Integra Resort Mgmt., Inc.
  385 F. Supp. 2d 1272· M.D. Fla.· 2005-08-02 ·cited 5×
  The court vacated its prior order and substituted a new decision, vacating the prior judgment and substituting this memorandum of decision in its place, to articulate the basis for the award of attorneys' fees, expenses, expert fees, and costs.
• GEM Ests. Mobile Home Vill. Ass'n, Inc. v. Bluhm
  885 So. 2d 435· Fla. 2d DCA· 2004-10-20 ·cited 5×
  The Association sought to enjoin a mobile home owner's construction of an attached screen porch that violated a recorded 50-foot setback requirement. The trial court denied relief by interpreting the porch as a separate structure not subject to the setback requirement, but the ap
• Baker Cnty. Press, Inc. v. Baker Cnty. Med. Servs., Inc.
  870 So. 2d 189· Fla. 1st DCA· 2004-03-04 ·cited 5×
  Baker County Press and its publisher sought disclosure of board minutes and financial records from Baker County Medical Services, Inc., a private corporation operating a public hospital under lease. The court affirmed dismissal of the public records request, holding that section
• Arguelles v. City OF Orlando
  855 So. 2d 1202· Fla. 5th DCA· 2003-10-10 ·cited 5×
  Homeowners Arguelles appealed a summary judgment entered in favor of the City of Orlando in their suit for declaratory relief, injunctive relief, and damages related to a code enforcement dispute over an unpermitted concrete slab. The court reversed because the trial court premat
• Lujan v. G & G Fire Sprinklers, Inc.
  532 U.S. 189· U.S.· 2001-04-17 ·cited 5×
  The California Labor Code's scheme for withholding payments due to a subcontractor's alleged violations does not violate the Due Process Clause because it provides a sufficient opportunity for the subcontractor to pursue their claim in state court.
• Lane v. Hemophilia OF THE Sunshine State, Inc.
  793 So. 2d 992· Fla. 2d DCA· 2001-02-09 ·cited 5×
  Three former employees of a blood clotting products company appealed the denial of their motion to transfer venue from Pinellas County to other counties. The court reversed, finding that the complaint failed to establish any proper basis for venue in Pinellas County under Florida
• Baker v. Metro. Dade Cnty.
  774 So. 2d 14· Fla. 3d DCA· 2000-08-02 ·cited 5×
  Property owners sought approval for a self-storage facility requiring special exceptions, variances, and an unusual use permit on property spanning commercially-zoned and residentially-zoned/planned parcels. The court quashed the county board's approval because it violated the co
• Minnaugh v. Cnty. Comm'n OF Broward Cnty.
  752 So. 2d 1263· Fla. 4th DCA· 2000-03-15 ·cited 5×
  Decisions on small-scale development amendments to local comprehensive land use plans are legislative, not quasi-judicial, and thus not subject to certiorari review.
• Sec. & Exch. Comm'n v. Seahawk Deep Ocean Tech., Inc.
  74 F. Supp. 2d 1188· M.D. Fla.· 1999-10-07 ·cited 5×
  The court denied Seahawk's motion for reconsideration, affirming that it could not enjoin state court proceedings because the individual defendants were not bound by the prior federal judgment and the Anti-Injunction Act's exceptions did not apply.
• Johnson v. Women's Health Ctr., Inc.
  714 So. 2d 580· Fla. 5th DCA· 1998-07-02 ·cited 5×
  Anti-abortion protesters appealed an injunction restricting their activities at a clinic after remand from the U.S. Supreme Court. The Florida appellate court affirmed the modified injunction, holding that the circuit court properly amended the provisions to comply with First Ame
• Henniger v. Pinellas Cnty.
  7 F. Supp. 2d 1334· M.D. Fla.· 1998-06-25 ·cited 5×
  The court held that a property interest in a building permit, created by state law via equitable estoppel, is protected by procedural due process, not substantive due process. Claims were dismissed for failure to state a claim, lack of ripeness, or failure to exhaust administrati
• Delucca v. GGL Indus., Inc.
  712 So. 2d 1186· Fla. 4th DCA· 1998-06-17 ·cited 5×
  A former comptroller of GGL Industries disclosed confidential business information to third parties while employed. The trial court issued a permanent injunction under Florida's Uniform Trade Secrets Act, and the appellate court affirmed, rejecting the former employee's arguments
• The Meadows Country Club, Inc. v. Unnever
  702 So. 2d 586· Fla. 2d DCA· 1997-11-26 ·cited 5×
  The court held that the easement language is ambiguous and the trial court erred in excluding extrinsic evidence regarding its intended scope.
• Robert L. Kagan, M.D. v. West
  677 So. 2d 905· Fla. 4th DCA· 1996-07-03 ·cited 5×
  Neighboring landowners challenged the construction of a two-story cabana built by the Wests along a private street in Fort Lauderdale, claiming it violated an access easement and building code restrictions. The court reversed the trial court's standing determinations regarding th
• Lenora B. Fulani v. Smith
  640 So. 2d 1188· Fla. 1st DCA· 1994-07-29 ·cited 5×
  The court held that the statutory deadline for write-in presidential candidates does not impose an unreasonable burden or violate constitutional rights.
• Rhea v. Sch. Bd. OF Alachua Cnty.
  636 So. 2d 1383· Fla. 1st DCA· 1994-05-18 ·cited 5×
  Darnell Rhea challenged the Alachua County School Board's decision to hold a workshop in Orlando, Florida, over 100 miles from its headquarters, arguing it violated the Government in the Sunshine Law by denying county residents reasonable access. The Florida appellate court rever
• Concerned Citizens OF Putnam Cnty. FOR Responsive Gov't, Inc. v. ST. Johns River Water Mgmt. Dist.
  622 So. 2d 520· Fla. 5th DCA· 1993-07-23 ·cited 5×
  Concerned Citizens challenged the St. Johns River Water Management District's failure to establish minimum water flows and levels as required by Florida law. The court held that Section 373.042's mandate that water districts "shall" establish these minimums is legally binding, no
• In re Delorean Motor Co. v. Weitzman
  991 F.2d 1236· 6th Cir.· 1993-05-03 ·cited 5×
  The court held that a party suing a trustee's counsel for actions taken in that capacity must first obtain leave from the bankruptcy court, and that the trustee stated claims for damages and injunctive relief.
• Env't Def. Fund, Inc. v. Massey
  986 F.2d 528· D.C. Cir.· 1993-01-29 ·cited 5×
  The presumption against extraterritorial application of statutes does not apply to NEPA when the regulated conduct occurs primarily in the U.S. and the extraterritorial effect is felt in Antarctica, a sovereignless continent over which the U.S. has legislative control.
• Merrill Lynch v. Hagerty
  808 F. Supp. 1555· S.D. Fla.· 1992-10-27 ·cited 5×
  The court held that the plaintiff demonstrated a likelihood of success on the merits, irreparable harm, and that the balance of harms and public interest favored granting a preliminary injunction.
• Ater v. Armstrong
  961 F.2d 1224· 6th Cir.· 1992-04-17 ·cited 5×
  The court held that the Kentucky statute prohibiting standing on roadways for literature distribution, while allowing solicitation with safety precautions, is a constitutional content-neutral time, place, and manner restriction on speech.
• Protect Key W., Inc. v. Cheney
  795 F. Supp. 1552· S.D. Fla.· 1992-03-30 ·cited 5×
  The court held that the Navy's original Environmental Assessment (EA) was inadequate and failed to meet NEPA requirements, and subsequent documentation did not cure this defect.
• Porter v. Saddlebrook Resorts, Inc.
  596 So. 2d 472· Fla. 2d DCA· 1992-03-18 ·cited 5×
  The court held that the trial court erred by excluding evidence of reasonableness and instructing the jury that violation of a county ordinance constituted unreasonableness, contrary to the reasonable use doctrine.
• Kenneth R.M. Thompson, Kenneth R.M. Thompson, P.C. v. Paasche
  950 F.2d 306· 6th Cir.· 1991-11-29 ·cited 5×
  The court affirmed the fraud verdict and damages rulings, reversed the RICO verdict, and affirmed the denial of injunctive relief against Miller but reversed the denial against Paasche.
• Villa Marina Yacht Sales, Inc. v. Hatteras Yachts
  947 F.2d 529· 1st Cir.· 1991-10-22 ·cited 5×
  The court held that the district court did not abuse its discretion in dismissing the federal case under the Colorado River doctrine, finding exceptional circumstances warranted deference to parallel state court proceedings.
• First Assembly of God of Naples v. Collier Cnty.
  775 F. Supp. 383· M.D. Fla.· 1991-10-04 ·cited 5×
  The court denied the preliminary injunction because the plaintiffs failed to demonstrate a substantial likelihood of success on the merits of their First Amendment free exercise and Fourteenth Amendment procedural due process claims.
• American-Arab Anti-Discrimination Comm. v. Thornburgh
  970 F.2d 501· 9th Cir.· 1991-07-26 ·cited 5×
  The court held that while the individual appellees have standing, their First Amendment challenges to the McCarran-Walter Act provisions are not ripe for review due to a lack of factual development and agency interpretation. The court reversed the declaratory judgment and remande
• Ime Archibong Etuk v. Slattery
  936 F.2d 1433· 2d Cir.· 1991-06-27 ·cited 5×
  The court held that the district court's order regarding the adequacy of temporary documentation for LPRs was properly appealable as an injunction, and that the plaintiff class had standing and their claims were not moot.
• Stockman v. A.W. Duke
  578 So. 2d 831· Fla. 2d DCA· 1991-04-26 ·cited 5×
  The appellate court reversed the trial court's awards of damages against Stockman for trespass to land, finding that the damages awarded to Fonte and the Dukes were not properly measured.