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M.D. Fla.·
2023-01-09
The court held that sanctions were not warranted against the plaintiff for filing an amended complaint or an emergency motion, as these actions were not objectively frivolous or presented for an improper purpose at this stage.
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Fla. 1st DCA·
2022-12-08
The appellate court dismissed a public defender's petition for a writ of certiorari challenging an administrative order for pre-bond mental health screenings. The court found it lacked jurisdiction because the public defender failed to demonstrate irreparable harm, a prerequisite
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Fla. 2d DCA·
2022-12-02
The appellate court affirmed a trial court's order granting a temporary injunction to remove a trustee. While the trial court improperly applied the Florida Trust Code, the injunction was permissible under common law principles for land trusts.
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Fla. 3d DCA·
2022-11-30
Florida appellate court denied a writ of certiorari challenging a protective order that prevented a second deposition of a corporate representative, finding no irreparable harm where the same areas of inquiry were already covered in the first deposition.
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Fla. 2d DCA·
2022-11-30
The appellate court reversed a trial court's denial of a motion to dissolve a temporary injunction. The court found the injunction was improperly granted because the moving party failed to establish the necessary elements and the order did not comply with procedural rules regardi
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Del. Ch.·
2022-11-21
The Court of Chancery dismissed the plaintiffs' case for lack of subject matter jurisdiction, finding that they failed to establish a reasonable apprehension of future harm that would necessitate equitable relief. While the plaintiffs sought a permanent injunction, their claims f
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Fla. 2d DCA·
2022-11-18
The appellate court reviewed an order allowing an insurance company to depose a plaintiff's former expert witness. The court granted the petition to quash the deposition order, but only to the extent that the deposition sought information beyond the scope of the expert's previous
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Fla. 1st DCA·
2022-11-16
The appellate court dismissed a petition for a writ of certiorari seeking to review a trial court's finding that a defendant was competent to stand trial. The court found no irreparable harm that could not be remedied on direct appeal after a potential conviction.
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Fla. 1st DCA·
2022-11-14
The appellate court reviewed an order compelling the production of a hospital's "Safety Event Report." The court held that the report was privileged and confidential under the Federal Patient Safety Act, which preempts Florida's Amendment 7, thus quashing the lower court's order.
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Fla. 4th DCA·
2022-11-09
The appellate court granted petitions for certiorari, quashing trial court orders that compelled the production of documents despite assertions of attorney-client privilege. The court found the trial court erred by determining the privilege was waived by individuals without autho
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S.D. Fla.·
2022-11-07
The court recommended granting Plaintiff's motion for default judgment, permanently enjoining defendants' unlawful trademark use, awarding statutory damages, and awarding attorneys' fees and costs.
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Fla. 1st DCA·
2022-11-02
The appellate court dismissed an appeal of an administrative order because the order contained conditional language, making it non-final and thus outside the court's jurisdiction. The court rejected arguments that the order was final or that equitable estoppel applied, as subject
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Fla. 1st DCA·
2022-11-02
National Youth Advocate Program seeks certiorari review of a trial court order compelling disclosure of case management records in a child dependency matter. The court dismissed the petition for lack of irreparable harm, finding that the records are public records under Florida S
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Fla. 1st DCA·
2022-11-02
The appellate court denied a petition for writ of certiorari challenging a discovery order. The court found that the petitioners, non-party employees, failed to demonstrate a clearly established right to privacy in their personal text messages that would outweigh the need for dis
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M.D. Fla.·
2022-11-01
The court denied the defendants' motion for a stay pending appeal because they failed to demonstrate a likelihood of success on the merits or irreparable harm, and the balance of equities weighed against a stay.
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Fla. 3d DCA·
2022-10-26
The appellate court dismissed Suntech Plumbing's appeal because the trial court's order dismissing the lawsuit without prejudice and compelling arbitration was not a final or appealable nonfinal order. Suntech's claims against Civic Construction were subject to arbitration, but i
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Fla. 2d DCA·
2022-10-21
A commercial tenant (SHI) sued its condominium association (Association) for placing a dumpster structure that eliminated six parking spots in a common area. The appellate court held that the Association violated its own governing documents by obstructing the parking facilities a
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Fla. 1st DCA·
2022-10-12
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M.D. Fla.·
2022-10-04
The court held that plaintiffs failed to demonstrate irreparable harm, a necessary element for a preliminary injunction.
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Fla. 1st DCA·
2022-09-27
A public defender sought to withdraw from representing a defendant, claiming a conflict of interest based on prior representation of a potential state witness. The trial court denied the motion, and the defendant petitioned for review, but the appellate court dismissed the petiti
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S.D. Fla.·
2022-09-20
The court held that the rental agreement's terms and conditions were not incorporated by reference into the rental contracts, and plaintiffs did not suffer actual damages or have standing for injunctive relief.
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Fla. 3d DCA·
2022-09-14
Seaway Biltmore and its affiliated partnership sought certiorari to quash a trial court's adoption of a special magistrate's report imposing discovery sanctions and instructing the jury to presume that intentionally destroyed IT records were unfavorable to the defendants. The Thi
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Fla. 3d DCA·
2022-09-14
The appellate court dismissed a petition for certiorari seeking to quash discovery sanctions. The court found that the trial court did not depart from the essential requirements of law by adopting a special magistrate's recommendation to instruct the jury to presume that intentio
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Fla. 4th DCA·
2022-08-24
A temporary injunction restricting speech based on tortious interference with business relationships may be upheld when the prerequisites are met and the limited exception to prior restraint applies, but the trial court must make explicit findings on the public interest element,
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Fla. 4th DCA·
2022-08-24
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Fla. 4th DCA·
2022-08-10
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M.D. Fla.·
2022-08-04
The court adopted the Magistrate Judge's report and recommendation, granting the franchisor's motion for preliminary injunction.
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Fla. 1st DCA·
2022-07-27
This case involves a husband appealing two trial court orders in a dissolution proceeding. The appellate court dismissed the appeal of a contempt order, finding it not reviewable as a non-final order or by certiorari. The court affirmed the second order, which granted the wife te
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Fla. 1st DCA·
2022-07-21
The appellate court reviewed a trial court's denial of a motion to vacate an automatic stay of a temporary injunction. The court held that the appellees (abortion clinics and a doctor) lacked standing to seek a temporary injunction because they could not demonstrate irreparable h
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Del. Ch.·
2022-07-13
The court renewed and modified a temporary restraining order (TRO) against defendants in a tender offer, finding colorable claims for breach of fiduciary duty based on inadequate disclosures and coercive threats. The court emphasized the importance of irreparable harm and the nee
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Fla. 5th DCA·
2022-07-08
Billing records of opposing counsel are relevant to attorney's fee claims and discoverable, and are not categorically protected by attorney-client privilege; where the trial court permits redaction of privileged information and a party fails to request redactions or demonstrate i
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M.D. Fla.·
2022-07-07
The court denied the plaintiff's ex parte motion for a temporary restraining order because the plaintiff failed to demonstrate irreparable harm necessary for such extraordinary relief without notice.
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M.D. Fla.·
2022-06-30
The court held that a preliminary injunction is unwarranted because the plaintiff failed to establish irreparable harm, as the remedies sought relate to collecting a money judgment and adequate legal remedies exist.
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M.D. Fla.·
2022-06-22
The court held that the plaintiffs failed to establish the necessary elements for a preliminary injunction, including a substantial likelihood of success on the merits and irreparable harm.
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Fla. 1st DCA·
2022-06-15
The appellate court dismissed a school board's petition for certiorari review of a discovery order. The court found it lacked jurisdiction because the school board failed to demonstrate irreparable harm, a prerequisite for such review of discovery rulings.
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Fla. 1st DCA·
2022-06-06
Christopher Barnes sought a writ of certiorari to quash an oral ruling finding him competent to proceed. The Florida District Court of Appeal dismissed the petition because (1) an oral ruling cannot be reviewed by certiorari—only signed, written orders are reviewable—and (2) even
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M.D. Fla.·
2022-06-03
The court granted in part and denied in part the petitioner's motion for a temporary restraining order, prohibiting the child's removal from the jurisdiction and scheduling an expedited hearing.
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M.D. Fla.·
2022-05-24
Military servicemembers challenged a Department of Defense COVID-19 vaccine mandate on the grounds that it violated their religious freedom rights and other constitutional protections, seeking preliminary injunctive relief to prevent enforcement while the case proceeded. The cour
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Fla. 1st DCA·
2022-05-18
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Fla. 3d DCA·
2022-05-04
Fareda Sands appealed a trial court's grant of a temporary injunction preventing her from violating a non-disclosure, non-solicitation, and non-competition agreement with her former employer. The court affirmed the issuance of the injunction but reversed and remanded regarding th
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M.D. Fla.·
2022-05-03
The court held that the inmate's request for injunctive relief was denied due to failure to meet the prerequisites, including irreparable harm and procedural compliance.
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Fla. 5th DCA·
2022-04-28
Evidence was legally insufficient to support adjudication of dependency based on either violent behavior or substance abuse, where there was no showing of actual harm to the children or serious risk thereof. The dependency order was reversed.
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348 So. 3d 1177·
Fla. 5th DCA·
2022-04-28
The Guardian Ad Litem Program challenged an order transferring custody of a three-year-old child to grandparents selected by the natural parents in a termination of parental rights proceeding. The Fifth District Court of Appeal held that the trial court departed from the essentia
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Fla. 5th DCA·
2022-04-27
Mother appealed the trial court's order adjudicating her two children dependent based on allegations of abuse, abandonment, or neglect related to violent behavior and substance abuse. The Florida Fifth District Court of Appeal reversed the dependency adjudication, finding the evi
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S.D. Fla.·
2022-04-22
The court denied the plaintiff's motion to stay litigation on attorney's fees and costs pending appeal, as the plaintiff failed to meet the necessary legal standards for granting a stay.
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S.D. Fla.·
2022-04-15
The court granted Plaintiffs' motion for entry of final default judgment against Defendants for trademark counterfeiting and infringement.
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Fla. 1st DCA·
2022-04-13
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Fla. 3d DCA·
2022-04-13
The City of Miami petitioned for a writ of certiorari to quash an order granting Blanco's motion to compel video camera recordings from a police station following his DUI arrest. The trial court had granted the motion without conducting an in camera review of the recordings to de
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Fla. 5th DCA·
2022-04-08
A trial court order sustaining objections to discovery is not subject to certiorari review when the petitioner has an adequate remedy on plenary appeal, because any error in denying discovery can be cured by the harmless error analysis on final appeal.
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Fla. 2d DCA·
2022-04-08