2,256 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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The court granted the Petitioner's motion for a temporary restraining order, finding he met the burden to warrant its issuance.
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B.D., a mother in a dependency proceeding, challenged a court order requiring her to undergo a psychological evaluation as part of her case plan. The Third District Court of Appeal reversed the portion of the order requiring the mental health examination because the trial court f
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Fla. 3d DCA·
2024-05-01
The Third District Court of Appeal granted certiorari review and quashed a protective order that allowed Citizens Property Insurance to designate portions of its claims file as privileged even when a corporate representative relied upon those materials during deposition testimony
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S.D. Fla.·
2024-05-01
The court adopted the Magistrate Judge's Report and Recommendation, denying the defendants' motion to determine no irreparable harm before a preliminary injunction hearing.
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S.D. Fla.·
2024-04-29
The court recommended denying the defendants' motion to determine no irreparable harm without an evidentiary hearing.
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The court granted default judgment against defendants for trademark infringement and unfair competition, awarding $5,000 in statutory damages per defendant and a permanent injunction, while granting leave for plaintiff to seek a higher damages award with further documentation.
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M.D. Fla.·
2024-03-29
The court adopted the Magistrate Judge's Report and Recommendation, denying Plaintiffs' motion for a preliminary injunction and granting Defendants' motion to dismiss Count IV (RFA claim) with leave to replead.
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The court granted in part and denied in part the motion for a temporary restraining order, ordering service of process and surrender of travel documents but denying the immediate arrest and removal of the child.
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The court held that the plaintiff's motion for a preliminary injunction was denied because it failed to comply with local rules and did not meet the required legal standard for injunctive relief.
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Fla. 5th DCA·
2024-03-15
Final summary judgments in favor of Foundation Services, Stone Creek Community Association, and Pulte Home Company are affirmed. The appeal challenging the denial of leave to amend the complaint to add a new defendant is dismissed for lack of jurisdiction because the appellant ha
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Fla. 6th DCA·
2024-03-15
The appellate court granted a petition for writ of certiorari, quashing a trial court's order that allowed broad discovery of a plaintiff's medical records. The court held that the trial court erred by not limiting the scope of the subpoenas or conducting an in-camera inspection
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Fla. 6th DCA·
2024-03-15
A trial court must either limit the scope of medical record subpoenas or conduct an in-camera inspection when the subpoenas are overbroad and cast too wide a net, even when a patient has waived privacy rights in relevant records by putting her physical condition at issue.
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Fla. 5th DCA·
2024-03-15
The appellate court affirmed the trial court's summary judgments in favor of three defendants in a negligence action. However, the court dismissed the appeal of an order denying the plaintiff's motion to amend her complaint, finding a lack of appellate jurisdiction for that issue
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Fla. 1st DCA·
2024-03-13
Certiorari jurisdiction does not exist where a trial court's order dismissing a damages claim in a counterclaim permits amendment and leaves available full post-judgment appellate review, as no irreparable harm has been demonstrated.
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The court denied the request for an ex parte temporary restraining order due to insufficient evidence of irreparable harm and speculative reasoning. The court deferred ruling on the preliminary injunction and set an expedited hearing.
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M.D. Fla.·
2024-03-08
A temporary restraining order is denied because the plaintiff failed to clearly establish irreparable harm and that the order would not disserve the public interest.
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Fla. 6th DCA·
2024-03-08
A guardian ad litem that has been discharged from a dependency case lacks the authority to seek relief on the child's behalf and therefore cannot establish the irreparable harm required for certiorari jurisdiction. The court dismissed the petition without prejudice to the permane
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Fla. 6th DCA·
2024-03-08
The appellate court dismissed a petition for writ of certiorari filed by the Guardian Ad Litem (GAL) office. The court found that the GAL, having been previously discharged from the case, lacked the authority to file motions on behalf of the child and therefore could not demonstr
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Fla. 3d DCA·
2024-03-06
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The court denied the motion for a temporary restraining order because the plaintiff failed to meet the requirements for ex parte relief and did not demonstrate irreparable harm. The court deferred ruling on the preliminary injunction pending a hearing.
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S.D. Fla.·
2024-02-29
The court granted the plaintiff's motion for a preliminary injunction, restraining defendants from infringing on the plaintiff's trademarks and ordering the restraint of financial accounts used in the infringement.
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Fla. 2d DCA·
2024-02-28
The appellate court reviewed an order allowing a maternal great aunt to intervene as a party in dependency proceedings. The court found that Florida statutes and rules governing dependency proceedings strictly define who qualifies as a "party" and that the great aunt, not fitting
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S.D. Fla.·
2024-02-27
The court granted plaintiffs' motion for default judgment, finding sufficient basis in the pleadings and evidence for trademark infringement, counterfeiting, false designation of origin, and unfair competition claims.
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The court held that a prisoner's motion for a preliminary injunction and temporary restraining order was denied because it was not supported by a civil action, and the prisoner failed to file a complaint or pay the filing fee.
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The court adopted the Magistrate Judge's Report and Recommendation, granting the plaintiff's motion for a preliminary injunction and order restraining transfer of assets.
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N.D. Fla.·
2024-02-20
The Tallahassee Bail Fund challenged a Florida statute that authorizes court clerks to automatically withhold cash bail posted by third parties to satisfy defendants' unpaid legal financial obligations, arguing this violates the Eighth Amendment's prohibition on excessive bail. T
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The Court adopted the Magistrate Judge's Report and Recommendation, granting Plaintiff's motion for a preliminary injunction and order restraining transfer of assets.
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Fla. 5th DCA·
2024-02-02
The Department of Children and Families (DCF) petitioned for a writ of certiorari to quash an order involuntarily committing Deborah Kirshner to its care. The appellate court granted the petition, finding the trial court's order lacked competent substantial evidence and departed
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The court granted the plaintiff's motion for a preliminary injunction, finding that the plaintiff satisfied the requirements for such relief.
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S.D. Fla.·
2024-01-22
The court recommended granting a preliminary injunction against defendants for trademark counterfeiting and infringement, finding a strong likelihood of success on the merits and irreparable harm.
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Rickey Lamar Evans, Jr., a pretrial detainee at Hillsborough County Jail, filed a civil rights complaint and moved for a temporary restraining order seeking protection from anticipated retaliation by defendants and relocation from the jail. The court denied the motion, finding Ev
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M.D. Fla.·
2024-01-18
The court held that the plaintiff failed to establish irreparable harm and other prerequisites for a preliminary injunction, thus denying the motion.
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388 So. 3d 907·
Fla. 3d DCA·
2024-01-10
A partial final judgment authorizing immediate execution must be quashed when the resolved claims and pending claims rely on the same operative facts and are intertwined, as execution would cause irreparable harm and constitute a departure from the essential requirements of law.
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The court granted in part and denied in part the plaintiff's motion for a temporary restraining order, enjoining defendants from placing holds on academic records or preventing class enrollment.
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The court held that the plaintiff failed to demonstrate entitlement to injunctive relief.
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Fla. 2d DCA·
2023-12-29
The appellate court quashed a trial court's order that had sustained a doctor's objections to discovery requests in a lawsuit for intentional interference and defamation. The court found that the discovery sought was not protected by statutory privilege, as the lawsuit did not ar
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N.D. Fla.·
2023-12-23
The court held that the plaintiff demonstrated a substantial likelihood of success on the merits, irreparable harm, a favorable balance of hardships, and that the injunction serves the public interest, thus warranting conversion of a temporary restraining order to a preliminary i
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Fla. 2d DCA·
2023-12-20
The appellate court dismissed a petition for certiorari review, finding that the wife failed to establish irreparable harm. The wife sought to discharge a court-appointed guardian ad litem (GAL) but did not prove bias or prejudice, and any procedural harm from lack of notice was
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The court held that the pro se plaintiff's complaint must be dismissed because it fails to state a claim, names improper defendants entitled to immunity, and raises an improper claim for excessive bail under § 1983. The motion to proceed in forma pauperis was also denied.
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The court granted the plaintiff's motion for a preliminary injunction, finding a substantial likelihood of success on the merits of trademark infringement and counterfeiting claims. The court determined that irreparable injury would occur if the injunction was not granted, the ba
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The court held that federal courts should abstain from interfering with pending state criminal proceedings absent exceptional circumstances.
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The court held that Florida Gas Transmission Company, LLC (FGT) has the federal power of eminent domain to condemn easements necessary for its pipeline relocation project and granted FGT immediate possession via preliminary injunction.
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The court held that the plaintiff's amended complaint was a shotgun pleading and failed to comply with court orders, and his motions for injunctive relief and appointment of counsel were denied.
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The court granted Plaintiff's motion for entry of final default judgment against defaulting defendants for trademark infringement and unfair competition.
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The court held that the plaintiff failed to meet the requirements for injunctive relief and did not properly initiate a civil rights action.
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The court granted plaintiffs' motion for a preliminary injunction, enjoining defendants from infringing on the adidas trademarks and ordering the restraint of assets.
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Fla. 3d DCA·
2023-12-06
An order granting partial summary judgment that requires interim payment of damages while leaving intertwined factual matters unresolved for trial is subject to quashing by writ of certiorari.
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M.D. Fla.·
2023-12-04
The court granted a Temporary Restraining Order, finding plaintiffs had a substantial likelihood of success on their claims for violation of the Defend Trade Secrets Act and tortious interference with business relationships, and that irreparable harm would result from disclosure
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The court granted the plaintiff's motion for a preliminary injunction, enjoining the defendant from manufacturing, selling, or distributing infringing and counterfeit goods bearing the plaintiff's trademarks.
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The court granted the plaintiffs' ex parte application for a temporary restraining order and preliminary injunction, finding a substantial likelihood of success on the merits of their copyright infringement claim and the potential for irreparable harm.