Injunctive Relief

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

• Graves v. City OF Pompano Beach
  74 So. 3d 595· Fla. 4th DCA· 2011-11-23 ·cited 4×
  Citizens challenged a city's approval of a revised plat for Pompano Park Racino, claiming it violated the city's comprehensive plan by allowing intensive commercial uses inconsistent with the plan's recreational focus. The court reversed the dismissal, holding that plat approvals
• Melbourne Ocean Club Condo. v. Elledge
  71 So. 3d 144· Fla. 5th DCA· 2011-08-26 ·cited 4×
  Melbourne Ocean Club Condominium Association and its managing agent Tinimar appealed a trial court order requiring them to provide independently audited financial statements to unit owners. The court affirmed the order as to MOCCA but reversed as to Tinimar, holding that the unit
• Yagnabala K. Patel v. Boers
  68 So. 3d 380· Fla. 5th DCA· 2011-08-26 ·cited 4×
  The court held that the assignment language in the Provider Agreement sufficiently authorized enforcement by an assignee under section 542.335(1)(f)(2), Florida Statutes.
• Generation Invs., LLC v. Al-Jumaa, Inc.
  53 So. 3d 372· Fla. 5th DCA· 2011-01-28 ·cited 4×
  Generation Investments, a tenant on a property subject to restrictive covenants, appeals an injunction granted against the property owner Al-Jumaa that effectively restricts Generation's business operations. The court holds that Generation was an indispensable party to the action
• United States v. Am. Therapeutic Corp.
  797 F. Supp. 2d 1289· S.D. Fla.· 2011-01-28 ·cited 4×
  The court granted the United States's motion for a preliminary injunction against individual defendants for federal health care offenses and denied motions to dissolve the temporary restraining order, finding sufficient evidence of statutory violations and asset dissipation.
• Briarwinds Condo. Ass'n, Inc. v. Marcene Rigsby and Denny Wood
  51 So. 3d 532· Fla. 3d DCA· 2010-12-15 ·cited 4×
  The Briarwinds Condominium Association appealed a trial court's grant of a motion for judgment on the pleadings dismissing its injunctive relief claim against a condominium tenant. The Third District Court of Appeal reversed, holding that the Association adequately pleaded a caus
• Sink v. E. Coast Pub. Adjusters, Inc.
  40 So. 3d 910· Fla. 3d DCA· 2010-07-28 ·cited 4×
  Public adjusters challenged the constitutionality of Florida statutes limiting their contact timing and fee caps, filing suit in Miami-Dade County. The state moved to transfer venue to Leon County under the home venue privilege rule, and the appellate court reversed the trial cou
• Fernandez v. Haber & Ganguzza, LLP
  30 So. 3d 644· Fla. 3d DCA· 2010-03-17 ·cited 4×
  Fernandez appeals summary judgment dismissing his tortious interference claim against a law firm that filed a lis pendens to block his purchase of a condominium unit. The court affirms, holding that the law firm is entitled to litigation immunity because the lis pendens was filed
• Coventry First, LLC v. State of Fla. Off. OF Ins. Reg. an Agency of the State of Fla.
  30 So. 3d 552· Fla. 1st DCA· 2010-02-12 ·cited 4×
  Coventry First, LLC appealed a trial court order denying injunctive relief and declaratory judgment regarding work papers submitted to the Office of Insurance Regulation. The court held that a 2007 amendment to Florida's insurance regulation statute cannot be retroactively applie
• Solares v. The City OF Miami & Miami-Dade Cnty.
  23 So. 3d 227· Fla. 3d DCA· 2009-12-09 ·cited 4×
  Appellants sought a temporary injunction to halt the sale of refunding bonds by Miami-Dade County pending resolution of their lawsuit challenging a stadium financing agreement. The court dismissed the appeal as moot because the bonds had been sold to third parties before the appe
• Mitchell v. The Beach Club OF Hallandale Condo. Ass'n, Inc.
  17 So. 3d 1265· Fla. 4th DCA· 2009-09-23 ·cited 4×
  The court held that the circuit court has subject matter jurisdiction over injunctions regardless of the amount in controversy, and a dispute over a special assessment levy is not subject to mandatory arbitration under the Condominium Act.
• Hilb Rogal & Hobbs OF Fla., Inc. v. Grimmel
  16 So. 3d 167· Fla. 4th DCA· 2009-07-22 ·cited 4×
  HRH appealed a circuit court order approving a magistrate's report recommending dissolution of a temporary injunction without holding a hearing on HRH's timely-filed exceptions. The appellees conceded error, and the court reversed and remanded, holding that Florida Rule of Civil
• Marc E. Bosem, M.D. v. Musa Holdings, Inc.
  8 So. 3d 1185· Fla. 4th DCA· 2009-04-15 ·cited 4×
  Dr. Bosem sued for unauthorized use of his image and likeness in advertising by Musa Holdings, and obtained partial summary judgment on liability. The trial court awarded damages including lost profits and prejudgment interest. On appeal, the court reversed the prejudgment intere
• Commodity Futures Trading Comm'n v. Sterling Trading Grp., Inc.
  605 F. Supp. 2d 1245· S.D. Fla.· 2009-03-20 ·cited 4×
  The Court adopted the Magistrate Judge's reports, denying the plaintiff's motion for preliminary injunction, granting in part and denying in part the defendants' motion to dismiss, and granting in part and denying in part the plaintiff's motion for summary judgment.
• Kenny A. v. Sonny Perdue
  547 F.3d 1319· 11th Cir.· 2008-11-05 ·cited 4×
  The Eleventh Circuit denied rehearing en banc, affirming the district court's discretion to enhance attorney's fees in exceptional cases based on superior performance and results, provided specific evidence supports the enhancement. The court rejected arguments that existing prec
• Berg v. Merchs. Ass'n Collection Div., Inc.
  586 F. Supp. 2d 1336· S.D. Fla.· 2008-10-31 ·cited 4×
  The court held that a debt collector's pre-recorded voicemail messages left at a debtor's residence, which could be overheard by third parties, state a plausible claim under the FDCPA and FCCPA, and that such an interpretation does not violate the First Amendment.
• Nationwide Mut. Fire Ins. v. Royall
  588 F. Supp. 2d 1306· M.D. Fla.· 2008-10-28 ·cited 4×
  The court granted Nationwide's motion for summary judgment, finding no duty to defend or indemnify, and denied defendants' motion, determining that the allegations in the underlying complaint did not trigger coverage under the insurance policies.
• Penelope Lankheim v. Fla. Atl. Univ.
  992 So. 2d 828· Fla. 4th DCA· 2008-09-24 ·cited 4×
  Penelope Lankheim, a registered student at Palm Beach Community College (PBCC) attending classes on FAU's campus, appealed summary judgment dismissing her claim for injunctive relief challenging trespass warnings issued against her by Florida Atlantic University. The court held t
• Grandview Palace Condo. Ass'n, Inc. v. City OF N. BAY Vill.
  974 So. 2d 1170· Fla. 3d DCA· 2008-02-20 ·cited 4×
  The court held that the motion to disqualify the judge was legally sufficient, requiring the judge to grant the motion.
• The City OF Miami v. Wellman
  976 So. 2d 22· Fla. 3d DCA· 2008-01-23 ·cited 4×
  The City of Miami appeals an injunction against enforcement of its vehicle impoundment ordinances. The court affirms, finding the ordinances unconstitutional on three independent grounds: inadequate notice requirements, use of preponderance of the evidence standard instead of cle
• Neumont v. State
  967 So. 2d 822· Fla.· 2007-09-27 ·cited 4×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding what constitutes a "substantial or material change" to a proposed ordinance during enactment that would require restarting the procedural process. The Court held that only changes altering
• Fla. Fam. Ass'n v. Sch. Bd. of Hillsborough Cnty.
  494 F. Supp. 2d 1311· M.D. Fla.· 2007-06-28 ·cited 4×
  The court adopted the magistrate judge's recommendation, granting summary judgment for the defendant because the email blocking was due to volume concerns, not content, and the plaintiffs failed to establish municipal liability based on policy or custom.
• State of Fla. Dep't OF Hwy. Safety & Motor Vehicles v. Rendon
  957 So. 2d 647· Fla. 3d DCA· 2007-02-21 ·cited 4×
  This case addresses whether Florida's fee for disabled parking permits violated the Americans with Disabilities Act. The court affirmed declaratory and injunctive relief prohibiting future fees but remanded the issue of monetary damages for prior fee collection, requiring individ
• Cobb v. Thurman
  957 So. 2d 638· Fla. 1st DCA· 2006-10-27 ·cited 4×
  This case addresses whether Florida election officials may provide written notice to voters that votes cast for withdrawn candidate Mark Foley will be counted for replacement candidate Joseph Negron, whose name does not appear on the ballot. The court held that election officials
• Of the William B. Chandler III Chancellor
  2005 WL 3359113· Del. Ch.· 2006-06-19 ·cited 4×
  The court granted the defendants' motion for summary judgment, finding that Section 81 of the Bond Bill was a constitutional exercise of legislative authority that did not violate separation of powers principles or the one-subject rule. The court further held that the alleged int
• Gargano v. Lee Cnty. Bd. of Cnty. Comm'rs
  921 So. 2d 661· Fla. 2d DCA· 2006-01-20 ·cited 4×
  Theresa Gargano appealed the dismissal of her complaint challenging the Sanibel Bridge toll as an unconstitutional tax and seeking damages and injunctive relief for the bridge's poor maintenance. The Florida appellate court reversed the dismissal on jurisdiction and standing grou
• Santana v. Fla. Int'l Univ.
  922 So. 2d 242· Fla. 3d DCA· 2006-01-11 ·cited 4×
  Santana appealed the trial court's dismissal of two counts of his six-count complaint against Florida International University for denial of law school admission. The appellate court dismissed the appeal as premature because it was taken from a nonfinal order, since other related
• Ass'n for Disabled Americans v. Key Largo Bay Beach, LLC
  407 F. Supp. 2d 1321· S.D. Fla.· 2005-12-16 ·cited 4×
  The court found that the Key Largo Bay Beach Marriott Hotel is subject to the 'readily achievable' standard for barrier removal, not the stricter new construction standards, and that plaintiff associations have standing to sue under Article III.
• Gray v. Prime Mgmt. Grp., Inc.
  912 So. 2d 711· Fla. 4th DCA· 2005-11-02 ·cited 4×
  Gray and others appealed a temporary injunction preventing them from soliciting Prime Management's clients. The court reversed, holding that enforcement of Gray's non-compete clause after the employment agreement expired violated the Statute of Frauds because any oral renewal was
• Coastal Loading, Inc. v. Tile Roof Loading, Inc.
  908 So. 2d 609· Fla. 2d DCA· 2005-08-19 ·cited 4×
  Coastal Loading appealed a temporary injunction based on a noncompetition agreement following the sale of its business. The court affirmed the injunction prohibiting use of the business name but reversed the remainder, holding that the noncompete agreement's plain language restri
• Rogers v. Hood
  906 So. 2d 1220· Fla. 1st DCA· 2005-07-21 ·cited 4×
  Florida voters sought a declaration that unused punch card ballots from the 2000 presidential election are public records subject to inspection, and challenged the constitutionality of a statute authorizing their destruction. The court affirmed the trial court's dismissal, holdin
• Perez v. Cir. Court FOR Osceola Cnty.
  882 So. 2d 489· Fla. 5th DCA· 2004-09-17 ·cited 4×
  The court denied a mandamus petition seeking to compel the trial court to rule on an injunctive relief petition because the petitioner failed to bring the pending matter to the trial court's attention.
• Amendment to the Rules Regulating the Florida Bar
  875 So. 2d 448· Fla.· 2004-05-20 ·cited 4×
  The Florida Supreme Court adopted amendments to the Rules Regulating the Florida Bar, addressing numerous procedural and substantive changes to disciplinary rules, fee regulations, trust accounts, advertising standards, and specialized practice certifications. The amendments refl
• Zimmerman v. Fla. Windstorm Underwriting Ass'n
  873 So. 2d 411· Fla. 1st DCA· 2004-04-20 ·cited 4×
  Coastal homeowners insured by the Florida Windstorm Underwriting Association (FWUA) challenged a rate increase that was approved through arbitration rather than direct Department of Insurance approval. The court held that FWUA's Plan of Operation required departmental approval, n
• Wein v. Am. Huts, Inc.
  313 F. Supp. 2d 1356· S.D. Fla.· 2004-04-12 ·cited 4×
  An association has standing to seek injunctive relief for its members, but not damages, as damages require individualized proof and participation of the injured members.
• Reuter Recycling OF Fla., Inc. v. City OF Dania Beach
  859 So. 2d 1271· Fla. 4th DCA· 2003-11-26 ·cited 4×
  Reuter Recycling challenged a trial court's refusal to enjoin arbitration of claims that were time-barred under the parties' arbitration agreement. The Fourth District Court of Appeal reversed, holding that the arbitration agreement clearly excluded time-barred claims and that th
• Griveas v. Amoco OIL Co.
  854 So. 2d 841· Fla. 4th DCA· 2003-09-24 ·cited 4×
  John Griveas, a tenant operating a gasoline station under assignment from the original lessee, appealed a temporary injunction granted to Amoco Oil Company that effectively evicted him from the premises. The Fourth District Court of Appeal reversed in part, holding that the trial
• HTS Indus., Inc. v. Broward Cnty.
  852 So. 2d 382· Fla. 4th DCA· 2003-08-20 ·cited 4×
  Broward County enacted an ordinance regulating maximum storage fees charged by tow truck operators for non-consensual tows. The county sought an injunction to enforce the ordinance, and tow operators challenged it as preempted by federal law. The court held that federal statute 4
• Access Now, Inc. v. Sw. Airlines
  227 F. Supp. 2d 1312· S.D. Fla.· 2002-10-18 ·cited 4×
  The court held that an internet website is not a 'place of public accommodation' under Title III of the ADA because it is not a physical, concrete structure and lacks a nexus to such a place.
• Syed Haseeb Qadri v. Pointdirex, L.L.C.
  823 So. 2d 861· Fla. 5th DCA· 2002-08-23 ·cited 4×
  PointDirex, an NASD member securities firm, sued three former employee securities representatives for breach of employment contracts. The former employees moved to dismiss, demanding arbitration under NASD rules, while PointDirex claimed they had waived arbitration through a juri
• Special Purpose Accounts Receivable Coop. Corp. v. Prime One Cap. Co.
  202 F. Supp. 2d 1339· S.D. Fla.· 2002-04-16 ·cited 4×
  The court held that plaintiffs lacked standing to assert RICO claims based on mail and wire fraud predicated on misrepresentations made to third parties, as required by Eleventh Circuit precedent. However, the court found that the RICO claims related to the Prime One enterprise a
• Pratus v. City OF Naples
  807 So. 2d 795· Fla. 2d DCA· 2002-02-22 ·cited 4×
  Jeffrey and Carol Pratus appealed the dismissal of their civil rights complaint alleging that Naples police officers entered their home under false pretenses, conducted an illegal search, and violated their Fourth Amendment rights. The court affirmed dismissal as to certain defen
• Black v. Bedford AT Lake Catherine Homeowners Ass'n, Inc.
  801 So. 2d 252· Fla. 4th DCA· 2001-12-12 ·cited 4×
  Homeowners Craig and Lucille Black appealed the denial of contractually mandated attorney's fees in their dispute with their homeowners association over property rights and easements. The court reversed, holding that the Blacks were the prevailing party on all four counts brought
• Lawnwood Med. Ctr., Inc. v. Perry R. Lloyd, III, M.D.
  773 So. 2d 114· Fla. 4th DCA· 2000-12-20 ·cited 4×
  The court affirmed a temporary injunction in a medical staff dispute but remanded for a hearing on bond amount after finding the trial court failed to allow appellants to address the bond.
• Anne Russell v. A.G. Edwards & Sons, Inc.
  779 So. 2d 452· Fla. 2d DCA· 2000-10-13 ·cited 4×
  Anne Russell appealed from a trial court's final judgment that enjoined her from proceeding with NASD arbitration against her stockbroker. The appellate court reversed the judgment, finding that the trial court improperly entered a default judgment despite Russell's pending motio
• Jonnie Davis v. Bill Williams AIR Conditioning & Heating, Inc.
  765 So. 2d 114· Fla. 1st DCA· 2000-06-06 ·cited 4×
  Appellant Davis challenges the trial court's denial of attorney's fees under Florida Statute § 57.105 after she was voluntarily dismissed from a lawsuit filed by her husband's employer based on allegations of embezzlement. The court reversed, holding that filing a lawsuit without
• Blue Moon Enters., Inc. v. Pinellas Cnty. Dep't of Consumer Prot.
  97 F. Supp. 2d 1134· M.D. Fla.· 2000-05-10 ·cited 4×
  The court held that certain provisions of the Pinellas County Code governing adult entertainment establishments, specifically those requiring continuous monitoring of patrons and imposing vicarious liability without scienter, are unconstitutional.
• Woodside Vill. Condo. Ass'n, Inc. v. Adolph S. Jahren and Gary M. McClernan
  754 So. 2d 831· Fla. 2d DCA· 2000-04-05 ·cited 4×
  The court affirmed summary judgment for two condominium unit owners who challenged an amendment to the declaration of condominium that restricted leasing to nine months per twelve-month period, invalidating the amendment as arbitrary and discriminatory as applied to them since th
• Amendments to the Rules Regulating the Florida Bar
  763 So. 2d 1002· Fla.· 2000-03-23 ·cited 4×
  The Florida Supreme Court adopted comprehensive amendments to the Rules Regulating the Florida Bar proposed by the Florida Bar's Board of Governors. The amendments addressed multiple practice areas including judicial removal procedures, attorney discipline, fee regulations, unaut
• Americare Biologicals, Inc. v. Tech. Chems. & Prods., Inc.
  766 So. 2d 284· Fla. 4th DCA· 2000-02-16 ·cited 4×
  ABI and ATI appealed from the trial court's denial of injunctive relief in a trade secret misappropriation case, despite a jury verdict finding that Simplex and Analyte misappropriated the trade secret. The appeal was dismissed as untimely because the motion for rehearing was ser