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 held that genuine disputes of material fact preclude summary judgment on the breach of oral contract claim due to disagreements over the contract price and performance. The court also found that the unjust enrichment claim could proceed.
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The court denied the motion for a preliminary injunction because the balance of harm weighed against granting the relief.
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The court affirmed the Magistrate Judge's Report and Recommendation, adopting its findings and granting the plaintiff's motion for a preliminary injunction.
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Fla. 5th DCA·
2023-11-17
A trial court's denial of a motion for pro hac vice admission must be based on reasonable and legally permissible grounds that are adequately specified in the record. The trial court's concerns about unlicensed practice of law, the timing of the request based on case age, prior p
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The court denied the plaintiff's motion for injunction because it failed to meet the procedural requirements of the Federal Rules and Local Rules.
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The court held that Spimerica failed to demonstrate a substantial likelihood of success on the merits, a necessary element for a preliminary injunction.
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While the PREP Act provides immunity from suit and liability for claims arising from covered countermeasures, and district courts have certiorari jurisdiction to review denials of such immunity, a claim of medical negligence for failure to prevent and treat pressure injuries is n
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The court held that a prisoner's allegations of being ignored during a suicide attempt state a plausible claim for deliberate indifference, but a failure to report claim is insufficient without alleging a specific risk of harm.
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The court recommended granting the plaintiff's motion for a preliminary injunction, finding a strong probability of success on the merits and irreparable harm to the plaintiff.
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The court granted Plaintiff's motion for default judgment, finding sufficient basis for copyright infringement claims and awarding statutory damages and injunctive relief.
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The court denied the plaintiffs' motion for a Temporary Restraining Order because it failed to meet the procedural and substantive requirements.
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M.D. Fla.·
2023-11-01
The court granted Plaintiff's motion for entry of final default judgment, finding sufficient basis in the pleadings and evidence for liability and awarding injunctive relief and statutory damages.
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The court adopted the Magistrate Judge's report and recommendation, denying the plaintiff's motion for a preliminary injunction.
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Fla. 5th DCA·
2023-10-18
Birth parents whose parental rights were terminated may access dependency court records if they demonstrate a proper interest under section 39.0132(3), such as for discovery in pending civil litigation seeking damages. Paternal grandparents, as legal adoptive parents of one child
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The court denied the plaintiffs' emergency motion for a temporary restraining order because they failed to establish standing, the complaint constituted a shotgun pleading, and they did not demonstrate a likelihood of success on the merits.
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The court held that the non-solicitation clause in the operating agreement unambiguously restricts the defendant from soliciting any of the plaintiff's current or prospective clients, and that the restrictive covenants are valid under Florida law.
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M.D. Fla.·
2023-09-29
The court held that the plaintiff is entitled to disgorgement of the defendant's profits due to willful trademark infringement and granted the permanent injunction in part.
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The court denied the inmate's motion for a preliminary injunction because he failed to meet the heightened burden required for a mandatory injunction and did not act with sufficient alacrity.
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S.D. Fla.·
2023-09-21
The court recommended granting the plaintiff's motion for a preliminary injunction against defendants for patent infringement.
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S.D. Fla.·
2023-09-21
Betty's Best, Inc. sued numerous online sellers across multiple e-commerce platforms (Amazon, eBay, Walmart, Wish, and others) for manufacturing, importing, and selling counterfeit grooming tools bearing infringing trademarks, copyrighted images, and design patents. The court gra
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Del. Super. Ct.·
2023-09-20
The court denied ACE Property and Casualty Insurance Company's application for certification of an interlocutory appeal and for a stay of the court's prior order. The court found that the prior order, which granted partial summary judgment on ACE Property's duty to defend and ind
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The court granted Plaintiff's motion for default final judgment, awarding statutory damages and injunctive relief against defaulting defendants for trademark counterfeiting and infringement.
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The court affirmed the magistrate judge's recommendation to deny the motion for a preliminary injunction, finding the plaintiff failed to meet the required legal standards.
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An order freezing assets in a guardianship proceeding is a temporary injunction subject to rule 1.610, and must include clear, definite factual findings supporting all four elements of the temporary injunction test: (1) likelihood of irreparable harm, (2) lack of adequate remedy
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The court denied plaintiffs' motion for preliminary injunction and writ of replevin, and granted in part and denied in part plaintiffs' motion to dismiss defendants' counterclaims, affirming the magistrate judge's report.
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S.D. Fla.·
2023-09-14
The court granted Spimerica's ex parte application for a temporary restraining order, finding a substantial likelihood of success on tortious interference claims and imminent irreparable harm.
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Fla. 3d DCA·
2023-09-13
A trial court's order deferring adjudication of a motion to compel turnover of seized funds until the conclusion of pending criminal proceedings does not cause irreparable harm sufficient to invoke certiorari jurisdiction.
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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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The court granted Plaintiff's motion for entry of final default judgment against Defendants.
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The court recommended granting the plaintiff's motion for a preliminary injunction against the defendants identified on Schedule A, finding a substantial likelihood of success on the merits and irreparable harm.
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The court denied plaintiff's motion for a temporary restraining order because it failed to establish the irreparable nature of the threatened injury and the impracticality of providing notice to the defendant.
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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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The court granted the defendant's motion to stay proceedings pending appeal, denying the plaintiff's motion to enforce judgment without prejudice.
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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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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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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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The court granted default judgment on claims of conversion, unjust enrichment, breach of fiduciary duty, and constructive trust, but denied the RICO claim and requested permanent injunction, requiring the plaintiff to submit a precise damages calculation.
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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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A trial court's failure to make written findings addressing each of the six statutory factors in section 39.621(10)(c) when denying a parent's motion for reunification constitutes a departure from the essential requirements of law causing irreparable harm, warranting certiorari r
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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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The Court granted Plaintiff's motion for a preliminary injunction, enjoining Defendant from operating in specific territories and using Plaintiff's trademarks and trade dress.
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The court denied the plaintiff's motion for a preliminary injunction and temporary restraining order because it was procedurally deficient and sought relief unrelated to the operative complaint.
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The court recommends granting in part and denying in part the plaintiff's motion for default judgment, finding sufficient basis for liability and damages, and proper jurisdiction.
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The court granted Plaintiff's motion for default judgment, finding sufficient basis in the pleadings and evidence for liability and awarding statutory damages and injunctive relief.