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Fla. 3d DCA·
2023-09-06
A trial court properly orders disclosure of a confidential informant's identity when a defendant is charged with selling or delivering controlled substances to that informant and the informant was the sole participant in the transaction, as such disclosure is required by the defe
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Fla. 3d DCA·
2023-08-30
A trial court has authority to extend a notice of lis pendens beyond the one-year statutory period if the movant provides reasonable notice and establishes good cause, regardless of when the motion is filed. The trial court erred in treating the motion as procedurally barred simp
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S.D. Fla.·
2023-08-25
The court held that defendants failed to establish a substantial likelihood of success on appeal regarding the scope of the injunction, and thus denied their motion for a stay pending appeal.
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M.D. Fla.·
2023-08-16
The court held that Odyssey demonstrated a substantial likelihood of success on its breach of contract claim and granted a limited preliminary injunction requiring Olin to supply a specified amount of bleach through October 2023.
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S.D. Fla.·
2023-08-14
The court granted Plaintiff's motion for entry of final default judgment, awarding statutory damages, injunctive relief, and attorneys' fees and costs against defaulting defendants for trademark counterfeiting and infringement.
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M.D. Fla.·
2023-08-11
The court granted the motion for a temporary restraining order, finding a substantial likelihood of success on claims for misappropriation of trade secrets and tortious interference.
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Fla. 4th DCA·
2023-08-09
The appellate court granted a petition for writ of certiorari, quashing the trial court's order that denied a motion to dismiss. The court found that the plaintiff's complaint failed to comply with the mandatory requirements of section 400.023, Florida Statutes, which governs neg
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M.D. Fla.·
2023-08-09
The court held that it lacked the power to enjoin arbitration proceedings, either traditionally or statutorily, and that factual disputes regarding contract existence and novation required further discovery and a trial to determine arbitrability.
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S.D. Fla.·
2023-08-07
A motion to dissolve a preliminary injunction under Rule 60(b)(5) requires a showing of a significant change in factual conditions or law, and defendants' compliance with the injunction or submission of previously existing evidence does not constitute such a change.
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M.D. Fla.·
2023-07-31
The court denied the plaintiff's request for a temporary restraining order and preliminary injunction, finding that while there was a likelihood of success on the merits due to admitted defaults, the plaintiff failed to establish irreparable harm and the balance of equities weigh
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Fla. 5th DCA·
2023-07-13
A trial court's decision to briefly stay dissolution of marriage proceedings pending resolution of separate guardianship petitions does not constitute irreparable harm warranting certiorari relief where the stay is temporary and justified by legitimate judicial administration con
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Fla. 2d DCA·
2023-07-12
The appellate court denied Progressive's petition for certiorari, upholding a trial court's order to release a Provider Agreement to Lloyd's. The court found the trial court properly balanced the need for information central to a bad faith claim against the protection of trade se
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48 Fla. L. Weekly D927·
Fla. 6th DCA·
2023-07-07
The appellate court granted a petition for writ of certiorari, quashing a trial court's order that stayed a lawsuit. The court found the stay was improperly granted under Florida Rule of Civil Procedure 1.420(d) because the new lawsuit did not involve the same claims as the prior
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S.D. Fla.·
2023-06-22
The court granted a permanent injunction against defendants Freedom Consumer Services, LLC, Systema Marketing, Inc., and Jordan Salkin, restraining them from inducing Bluegreen Owners to breach their contracts and engaging in deceptive timeshare exit practices.
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Fla. 3d DCA·
2023-06-14
The appellate court granted a writ of certiorari to quash a discovery order that compelled the production of sensitive third-party financial information. The court found that the order departed from the essential requirements of law because the relevance of the requested informat
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Fla. 3d DCA·
2023-06-14
A trial court's discovery order requiring production of broad personal financial records departs from the essential requirements of law where neither the pleadings nor evidentiary foundation establishes relevancy of such records to the underlying lawsuit claims.
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M.D. Fla.·
2023-06-12
The court granted Plaintiff's motion to extend the preliminary injunction, finding that the requirements for such an injunction were met, and stayed the case as to one defendant due to bankruptcy.
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S.D. Fla.·
2023-06-02
The court held that a stay pending appeal is not warranted because the petitioners failed to demonstrate a likelihood of success on the merits, would not suffer irreparable harm, and a stay would harm the government and public interest.
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S.D. Fla.·
2023-05-25
The court granted Plaintiff's motion for a preliminary injunction against most defendants, enjoining them from using the CreeLED Marks and restraining their assets, while accepting a bond from one defendant.
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Fla. 4th DCA·
2023-05-24
The appellate court granted a petition for certiorari, quashing a trial court's order that stayed proceedings on surplus foreclosure funds. The court found the trial court departed from the essential requirements of law by failing to follow statutory mandates for determining clai
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Fla. 1st DCA·
2023-05-23
The appellate court granted a writ of certiorari to quash a trial court's order that improperly granted party status to foster parents in a dependency case. The court found the trial court misapplied the statute governing caregiver objections, which should not apply when reunific
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S.D. Fla.·
2023-05-23
The Court adopts the Magistrate Judge's Report and Recommendation, granting Plaintiffs' motion for a preliminary injunction because Plaintiffs have standing and are substantially likely to succeed on their claim that the City of Miami engaged in racial gerrymandering.
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Fla. 5th DCA·
2023-05-19
Presuit administrative dispute resolution provisions in a construction contract survive contract termination and must be exhausted before litigation may commence, unless the contract expressly excludes post-termination disputes from the scope of such provisions.
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Fla. 5th DCA·
2023-05-16
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Fla. 5th DCA·
2023-05-16
Orders denying a contempt motion and temporarily suspending time-sharing are affirmed under Applegate v. Barnett Bank of Tallahassee, while other post-judgment orders are dismissed for lack of jurisdiction because they were either rendered more than thirty days before notice of a
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S.D. Fla.·
2023-05-16
The court denied the plaintiff's renewed motion for a preservation order because the plaintiff failed to demonstrate necessity or undue burden.
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S.D. Fla.·
2023-05-15
The court denied the defendants' motion for a stay of the preliminary injunction pending appeal, finding they were unlikely to succeed on the merits.
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Fla. 6th DCA·
2023-05-05
The Florida Supreme Court granted a petition for writ of certiorari, quashing a trial court's order that allowed the State to subpoena a defendant's medical records. The court found the State failed to present sufficient evidence to establish a nexus between the records and the c
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Fla. 2d DCA·
2023-05-05
The appellate court dismissed a petition for certiorari and denied a petition for prohibition filed by the Guardian Ad Litem (GAL) office. The GAL challenged a trial court's order stating that in the future, the GAL's failure to provide a business records affidavit would be consi
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Fla. 5th DCA·
2023-05-01
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Fla. 5th DCA·
2023-05-01
A trial court's order granting a stay of dissolution proceedings pending resolution of guardianship petitions does not constitute a departure from the essential requirements of law causing irreparable harm remediable only through certiorari.
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420 So. 3d 523·
Fla. 5th DCA·
2023-04-28
A certiorari petition is moot and must be dismissed when a defendant pleads guilty after seeking review of a jury-size order, because the guilty plea eliminates the underlying controversy and the defendant cannot show irreparable harm from a jury that will never be empaneled.
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M.D. Fla.·
2023-04-27
The court granted in part and denied in part Plaintiff's motion for a temporary restraining order, finding a likelihood of success on the breach of contract claim regarding the Denton Franchise Agreement but not on trademark or FDUTPA claims.
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Fla. 3d DCA·
2023-04-26
The trial court erred in dismissing Mary Ann's objections and counter-petition by looking beyond the four corners of the pleadings to determine lack of standing; a surviving spouse qualifies as an interested person with standing to object to estate administration. The denial of i
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S.D. Fla.·
2023-04-11
The court granted plaintiff's motion for default judgment, finding defendants liable for trademark infringement and unfair competition due to their sale of counterfeit goods.
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S.D. Fla.·
2023-04-04
The court granted the plaintiff's motion for default final judgment, finding sufficient allegations for patent and copyright infringement, and awarded injunctive relief and statutory damages.
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Fla. 5th DCA·
2023-03-24
An injunction in a receivership case must comply with Florida Rule of Civil Procedure 1.610(c) by specifying reasons for entry and containing factual findings on all four elements required for an injunction: likelihood of irreparable harm, unavailability of adequate remedy at law
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M.D. Fla.·
2023-03-21
The court held that Plaintiff demonstrated a substantial likelihood of success on the merits of its trademark infringement claim, justifying a preliminary injunction.
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Fla. 2d DCA·
2023-03-10
The appellate court granted the State's petition for certiorari, quashing a trial court's order that compelled the production of a victim's mental health records. The court held that the psychotherapist-patient privilege applies and that the exception for reliance on mental condi
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M.D. Fla.·
2023-03-01
The court granted in part plaintiffs' motion for a temporary restraining order, finding a likelihood of success on the merits for breach of contract and trademark infringement claims.
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S.D. Fla.·
2023-02-28
The court held that plaintiffs René Garcia and Javier Fernández have standing to challenge the in-office lobbying restrictions, but no plaintiff has standing to challenge the post-office restrictions.
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Fla. 5th DCA·
2023-02-28
The court affirmed the injunction prohibiting appellants from using Heath Ritenour's 23-year-old mugshot without permission for commercial purposes and from making false statements regarding IOA's insurance license, as these were narrowly tailored and did not violate the First Am
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M.D. Fla.·
2023-02-17
The court held that plaintiffs have established a substantial likelihood of success on their Title IX claim and will suffer irreparable harm, warranting a preliminary injunction.
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M.D. Fla.·
2023-02-14
The court granted Plaintiff's ex parte motion for a Temporary Restraining Order (TRO), finding a likelihood of patent infringement and irreparable harm, and ordered an injunction, asset restraint, and expedited discovery.
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S.D. Fla.·
2023-02-08
The court granted the plaintiffs' motion for a preliminary injunction to restrain the defendants' assets, preventing them from dissipating or moving assets outside of the United States.
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S.D. Fla.·
2023-01-31
The court adopted the magistrate judge's report and recommendation, granting the plaintiff's motion for a preliminary injunction.
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S.D. Fla.·
2023-01-24
The court granted the plaintiffs' motion for a worldwide asset restraint, finding that the judgment debtors were likely to dissipate or conceal assets, causing irreparable harm.
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S.D. Fla.·
2023-01-13
The court granted the plaintiff's motion for default judgment, finding that the well-pleaded allegations supported the claims for trademark infringement, false advertising, cybersquatting, and unfair competition. The court also granted injunctive relief and ordered the transfer o
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Fla. 3d DCA·
2023-01-11
A trial court order compelling a psychological evaluation under Florida Family Law Rule of Procedure 12.360 is proper when the court makes sufficient findings that a party's mental health is in controversy and good cause exists, supported by competent, substantial evidence. An or
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Fla. 3d DCA·
2023-01-11
A plaintiff in a civil action cannot invoke the Fifth Amendment privilege against self-incrimination to obtain a stay of proceedings absent special circumstances, and blanket assertions of the privilege are insufficient to justify a stay. A plaintiff who brings claims must either