2,255 Florida cases classified under this topic, plus 1,513 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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An employer is entitled to supersedeas of a judgment entered under § 18 of the Longshoremen's and Harbor Workers' Compensation Act, as in civil suits at common law, unless another provision of the Act expressly forbids it.
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The court held that a bankruptcy court should not enjoin foreclosure proceedings instituted prior to bankruptcy when the security interest was acquired more than four months before filing, absent proof of irreparable injury.
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Cavendish Bridge Club sought an injunction to prevent Southern Bell Telephone Company from removing its telephones based on an Attorney General determination that the club's phone numbers were used for illegal gambling. The court granted the injunction, holding that the Railroad
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Florida Power Corporation appealed from a trial court order granting a temporary restraining injunction and denying its motion to dissolve that injunction in a suit by Ocklawaha Reclamation Farms seeking to rescind certain contracts and prevent destruction of property. The Florid
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The Florida Supreme Court reversed interlocutory orders granting a temporary restraining order and denying dissolution of that order in a property dispute between a railroad company and a landowner. The court held that the complainant failed to allege the necessary prerequisites
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The court denied the petitioner's emergency request for a temporary restraining order because he failed to meet any of the four required elements.
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Fla. 5th DCA·
2025-07-03
·cited 1×
The Department of Revenue sought to add a third child to an existing child support order against Jermaine Gardner. Gardner denied paternity and moved for genetic testing, which the trial court granted. The Fifth District Court of Appeal granted certiorari and quashed the paternit
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49 Fla. L. Weekly S215·
Fla. 4th DCA·
2024-11-06
·cited 1×
A pro se defendant and attorney challenging a criminal murder prosecution sought certiorari review of a trial court's blanket denial of her right to depose prosecution witnesses. The Fourth District granted the petition, holding that the trial court's categorical prohibition depa
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The court recommended denying the plaintiff's motion for a preliminary injunction because it was not based on the claims in his complaint and sought relief beyond the scope of the complaint, and denied the motion to appoint counsel as no exceptional circumstances were shown.
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395 So. 3d 196·
Fla. 3d DCA·
2024-04-24
·cited 1×
Three property owners subject to compliance agreements demonstrated a substantial likelihood of success on equitable estoppel claims where the City's delay in issuing building permits rendered compliance functionally impossible, warranting a temporary injunction against demolitio
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347 So. 3d 382·
Fla. 5th DCA·
2024-04-12
·cited 1×
Robert Jerry Fleming petitioned for certiorari review challenging a trial court's finding that he was competent to stand trial for first-degree murder. The Fifth District dismissed the petition, holding that competency determinations are reviewable by direct appeal rather than ce
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376 So. 3d 105·
Fla. 2d DCA·
2023-12-20
·cited 1×
This case involves a petition for a writ of certiorari, which was dismissed by the court. The specific legal issues and factual background leading to the dismissal are not detailed in the provided opinion text.
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375 So. 3d 331·
Fla. 5th DCA·
2023-12-01
·cited 1×
Certiorari review is unavailable where the petitioner fails to demonstrate irreparable harm to himself, particularly when he frames his arguments around alleged harm to a non-party entity and offers only speculative concerns about future liability.
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Fla. 6th DCA·
2023-09-22
·cited 1×
The appellate court granted a petition for writ of certiorari, quashing a trial court's order that set aside elections to purchase shares. The court found that the trial court departed from the essential requirements of law by misapplying a statute that provides a mechanism to re
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Financial discovery is impermissible cat-out-of-the-bag discovery subject to certiorari relief where it seeks confidential financial information not relevant to claims at issue, not involving punitive damages, and not part of postjudgment proceedings. A trial court cannot use the
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368 So. 3d 1070·
Fla. 3d DCA·
2023-08-16
·cited 1×
A party who repeatedly and specifically places his medical and mental condition at issue by making verified representations about poor health to obtain relief waives the privilege against disclosure of medical records in certiorari review.
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357 So. 3d 307·
Fla. 1st DCA·
2023-03-08
·cited 1×
The appellate court granted Shands Teaching Hospital's petition for a writ of certiorari, quashing a lower court's order that compelled the production of a patient safety report. The court held that the report was protected under the Federal Patient Safety and Quality Improvement
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353 So. 3d 1188·
Fla. 4th DCA·
2023-01-18
·cited 1×
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47 Fla. L. Weekly S519·
Fla. 3d DCA·
2022-10-06
·cited 1×
Cozen O'Connor and Lexington Insurance sought certiorari review of a trial court's denial of their motions to dismiss a state court lawsuit alleging violations of Florida's Mediation Confidentiality and Privilege Act. The Third District Court of Appeal lacked certiorari jurisdict
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Fla. 2d DCA·
2022-09-30
·cited 1×
Jessica Marlette seeks certiorari review of the trial court's order bifurcating legal and equitable issues in a dispute with neighbor Roxanne Carullo over easement rights to a driveway and well that encroach on Carullo's property. The court granted the petition and quashed the bi
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Fla. 5th DCA·
2022-03-31
·cited 1×
The Standard Fire Insurance Company sought certiorari review of a trial court's denial of its motion to compel the deposition of Colonial Medical Center's billing manager. The court granted the petition, holding that the denial of discovery regarding the core disputed issue—wheth
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46 Fla. L. Weekly D480·
Fla. 4th DCA·
2021-08-11
·cited 1×
Petitioners sought a writ of certiorari to quash a trial court's order denying their motion to dismiss a pure bill of discovery complaint. The appellate court dismissed the petition for lack of jurisdiction because petitioners failed to demonstrate irreparable harm, which is a pr
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Denial of a discovery extension does not constitute a departure from the essential requirements of law when the movant actively opposed the same relief earlier and provides insufficient explanation to the trial court regarding the necessity of the discovery.
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320 So. 3d 817·
Fla. 2d DCA·
2021-04-07
·cited 1×
The appellate court dismissed an insurance company's petition for certiorari review of a lower court's order. While the lower court's decision to allow a party substitution was an error, it did not cause irreparable harm that could not be remedied on appeal, a requirement for cer
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Fla. 1st DCA·
2021-04-01
·cited 1×
The appellate court granted a petition for a writ of certiorari, quashing a trial court's denial of a motion to stay a lawsuit. The court found that the trial court's denial constituted a departure from the essential requirements of law, causing irreparable harm, because two subs
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Fla. 3d DCA·
2021-03-10
·cited 1×
Miramar Marina Corporation sought certiorari relief to quash a circuit court's denial of its motion for protective order against discovery of its financial records. The Property Appraiser sought the records to support a valuation of Miramar's marina using the income approach meth
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314 So. 3d 604·
Fla. 3d DCA·
2020-12-23
·cited 1×
A petition for writ of certiorari must fail when it raises an issue of first impression without a clearly established principle of law, even if the trial court's order may constitute legal error.
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307 So. 3d 936·
Fla. 3d DCA·
2020-11-04
·cited 1×
A non-final order requiring a party to pay interim funds while leaving intertwined factual matters unresolved is not appealable as a final order but is reviewable by petition for writ of certiorari.
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304 So. 3d 23·
Fla. 4th DCA·
2020-10-21
·cited 1×
The appellate court reversed a temporary injunction, finding it legally deficient because it failed to specify the factual reasons for its issuance, describe the required actions in detail, and mandate a bond. The court remanded the case for further proceedings to ensure complian
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303 So. 3d 1009·
Fla. 5th DCA·
2020-10-01
·cited 1×
The trial court was required to conduct an evidentiary hearing before granting a temporary injunction, even after striking the appellants' pleadings.
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298 So. 3d 657·
Fla. 4th DCA·
2020-06-17
·cited 1×
A court cannot compel a shareholder to sign contracts or personal guaranties against his will, as doing so violates the fundamental right to freedom of contract.
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45 Fla. L. Weekly D829·
Fla. 5th DCA·
2020-06-11
·cited 1×
A medical negligence plaintiff's estate representative sought certiorari review of a trial court order allowing the defendant physician to file an errata sheet substantially changing his deposition testimony. The appellate court dismissed the petition, finding the petitioner fail
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282 So. 3d 1022·
Fla. 3d DCA·
2019-11-13
·cited 1×
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275 So. 3d 220·
Fla. 3d DCA·
2019-06-26
·cited 1×
A temporary injunction compelling readmission to a private school must be supported by clear, definite, and unequivocally sufficient factual findings addressing all four elements of the test: substantial likelihood of success on the merits, lack of adequate remedy at law, irrepar
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273 So. 3d 241·
Fla. 3d DCA·
2019-05-22
·cited 1×
Attorney Steven K. Schwartz seeks relief from the trial court's failure to adjudicate his motion to withdraw as counsel for a guardianship respondent. The trial court cancelled the hearing on the withdrawal motion without entering any order. The appellate court grants Schwartz's
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A party does not waive attorney-client privilege merely by retaining counsel to report an insurance loss, and a trial court must conduct in camera inspection of documents that appear on their face to potentially invoke attorney-client or work-product privileges before ordering th
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271 So. 3d 67·
Fla. 3d DCA·
2019-02-06
·cited 1×
Luis La-Casse petitioned for a writ of certiorari challenging trial court orders precluding him from filing pro se pleadings without a Florida Bar member's certificate of merit. This case marks the third appellate review of essentially the same orders following two prior reversal
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264 So. 3d 222·
Fla. 5th DCA·
2018-12-21
·cited 1×
Claims for civil conspiracy and aiding and abetting breach of fiduciary duty are not independent of an insurance contract when they are explicitly based on fiduciary duties, legal obligations, and benefits established in the contract, and therefore are barred by the nonjoinder st
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259 So. 3d 302·
Fla. 4th DCA·
2018-11-21
·cited 1×
A temporary injunction without notice must strictly comply with Florida Rule of Civil Procedure 1.610, including endorsement of the date and hour of entry and imposition of a bond, or it is defective and must be remanded for correction.
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253 So. 3d 53·
Fla. 3d DCA·
2018-08-01
·cited 1×
A trial court seeking to deny a temporary injunction for violation of a non-compete agreement must apply the statutory presumption of irreparable injury under Florida Statute § 542.335(1)(j), and the availability of other causes of action seeking monetary damages does not ipso fa
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252 So. 3d 254·
Fla. 4th DCA·
2018-07-18
·cited 1×
A trial court abuses its discretion by compelling premature financial discovery before determining the meaning of an ambiguous marital settlement agreement and establishing the relevance of the requested information to the disputed obligation.
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250 So. 3d 825·
Fla. 1st DCA·
2018-07-03
·cited 1×
The State appealed a circuit court order declaring a Florida statute prohibiting smokable medical marijuana unconstitutional under the Medical Marijuana Amendment. The circuit court vacated the automatic stay that arose upon the State's appeal, but the appellate court quashed tha
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ASA College appeals a trial court order denying its motion for temporary injunction against Dezer regarding parking rights, while affirming the court's grant of Dezer's motion to enjoin ASA's college operation. The Third District reversed the denial of ASA's parking injunction ba
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238 So. 3d 840·
Fla. 4th DCA·
2018-02-28
·cited 1×
A party seeking to overcome the trade-secret privilege must present evidence establishing that disclosure is reasonably necessary; the mere destruction of a product or the existence of a prior related lawsuit is insufficient without evidence supporting why the privileged informat
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The court held that the trial court's order granting a temporary injunction without notice was improper because it failed to comply with Florida Rule of Civil Procedure 1.610.
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224 So. 3d 888·
Fla. 1st DCA·
2017-08-21
·cited 1×
Petitioners sought certiorari to quash a trial court's protective order that denied them discovery regarding a 2015 sale of companies, which they alleged was fraudulent under the Florida Uniform Fraudulent Transfers Act. The court granted the petition, finding that discovery abou
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219 So. 3d 138·
Fla. 5th DCA·
2017-04-28
·cited 1×
The Florida Fifth District Court of Appeal granted a writ of certiorari to quash a trial court order denying insurers' motions to dismiss a declaratory judgment action filed by a third-party claimant. The court held that the nonjoinder statute (section 627.4136) applies to surplu
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In a negligence action arising from a motor vehicle accident, the court granted certiorari relief and quashed a trial court's protective order that prohibited the deposition of the plaintiff's minor son. The court held that the minor is a material witness whose deposition cannot
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203 So. 3d 1013·
Fla. 4th DCA·
2016-11-09
·cited 1×
Hartford Fire Insurance Company appeals a trial court's denial of its motions to bifurcate/sever counts, dismiss for improper joinder, and transfer venue in a bad faith and legal malpractice case filed by an insured driver. The court dismissed the appeal regarding bifurcation for
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203 So. 3d 200·
Fla. 5th DCA·
2016-11-04
·cited 1×
The court held that a child is entitled to certiorari relief when placed in residential mental health treatment without sufficient evidentiary support.