Motion To Dissolve Injunction

112 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Orlando Orange Groves Co. v. Hale
  107 Fla. 304· Fla.· 1932-11-25 ·cited 81×
  Minority stockholders of Orlando Orange Groves Company sought an injunction against the corporation and its managers for alleged mismanagement, improper fund withdrawals, and asset depletion. The Florida Supreme Court affirmed the lower court's grant of a temporary injunction, ho
• Luther F. Grant and Sirrka v. Grant
  282 F.2d 165· 2d Cir.· 1960-07-28 ·cited 71×
  The court held that the order denying the government's motion to dissolve a stay and vacate an order to show cause in a pre-indictment motion to suppress evidence is not an appealable interlocutory order under 28 U.S.C. § 1292(a)(1).
• State v. Beeler
  530 So. 2d 932· Fla.· 1988-09-22 ·cited 67×
  The Florida Supreme Court quashed a district court's decision that allowed an interlocutory appeal from an order denying a motion to dissolve a temporary injunction issued without notice, holding that such an appeal was permissible.
• B. L. E. Realty Corp. v. Mary Williams Co., Inc.
  101 Fla. 254· Fla.· 1931-04-20 ·cited 47×
  The appellate court reversed a lower court's decision to grant a temporary injunction and deny a motion to dissolve it. The court found the underlying creditor's bill lacked equity because the plaintiff had not obtained a judgment at law and the suit did not meet statutory requir
• Braswell v. Braswell
  881 So. 2d 1193· Fla. 3d DCA· 2004-09-15 ·cited 41×
  In this divorce settlement dispute, the Third District Court of Appeal held that a $75,000 per month default interest provision on missed equitable distribution payments is equitable distribution, not support, and therefore cannot be enforced by contempt. The court reversed the t
• Hunter v. Dennies Contracting Co., Inc.
  693 So. 2d 615· Fla. 2d DCA· 1997-03-26 ·cited 40×
  Steve Hunter appeals the denial of his motion to dissolve a temporary injunction issued in a non-compete dispute with his former employer. The court affirmed, holding that because Hunter had notice of and participated in the initial injunction hearing, he was required to present
• Indian River Steamboat Co. v. E. Coast Transp. Co.
  28 Fla. 387· Fla.· 1891-06-01 ·cited 36×
  Indian River Steamboat Company sought a preliminary injunction preventing East Coast Transportation Company from landing steamboats at a dock in Titusville, Florida that Indian River had leased from a railroad company. The Florida Supreme Court affirmed the dissolution of the inj
• Seaescape, Ltd., Inc. v. Maximum Mktg. Exposure, Inc.
  568 So. 2d 952· Fla. 3d DCA· 1990-09-21 ·cited 31×
  SeaEscape appealed a trial court's ex parte temporary injunction requiring it to continue employment contracts with Panebianco and Maximum Marketing. The Third District Court of Appeal reversed, holding that personal service contracts are not enforceable by injunction and that Se
• Christine Thomas, M.D. v. Osler Med., Inc.
  963 So. 2d 896· Fla. 5th DCA· 2007-08-24 ·cited 30×
  Dr. Christine Thomas appeals the denial of her motion to dissolve a temporary injunction that barred her from practicing medicine within a 10-mile radius of her former employer's office for two years, enforcing a covenant not to compete. The court affirmed the injunction, holding
• Nw. Nat'l Ins. Co. v. Greenspun
  330 So. 2d 561· Fla. 3d DCA· 1976-04-20 ·cited 30×
  The court held that while a temporary injunction preventing an insurance rate increase was properly granted, the trial court erred in ordering the impaneling of a special board to hear evidence, as this exceeded its procedural and statutory authority.
• BAY N Gulf, Inc. v. Anchor Seafood, Inc.
  971 So. 2d 842· Fla. 3d DCA· 2007-10-24 ·cited 27×
  Bay N Gulf appealed the trial court's dissolution of a temporary injunction preventing Anchor Seafood from conveying frozen seafood. The court affirmed, holding that a trial court has continuing discretion to dissolve a temporary injunction and that the trial court did not abuse
• Precision Tune Auto Care, Inc. v. Radcliff
  731 So. 2d 744· Fla. 4th DCA· 1999-03-31 ·cited 26×
  Precision Tune Auto Care appeals the denial of its motion to dissolve a temporary injunction that preserved the status quo in a franchise dispute with Radcliff and Performance Concepts. The Fourth District holds that a trial court has discretion to reconsider a temporary injuncti
• DeLISI v. Smith
  401 So. 2d 925· Fla. 2d DCA· 1981-07-29 ·cited 22×
  A party seeking to sustain an ex parte temporary injunction in a RICO forfeiture action bears the burden of proving sufficient facts at the first hearing directed to the propriety of the order, requiring prima facie proof that the restrained property was used in, intended for, de
• Minty v. Meister Financialgroup, Inc.
  97 So. 3d 926· Fla. 4th DCA· 2012-09-05 ·cited 20×
  A borrower appeals a circuit court's orders denying her motion to dissolve a temporary injunction, severing her counterclaims, and dismissing other counterclaims in a loan refinance dispute. The appellate court reversed the denial of the motion to dissolve, granted a petition for
• Spaulding v. Est. of Seth N. Frey
  666 So. 2d 935· Fla. 5th DCA· 1995-12-22 ·cited 19×
  The court held that arguments raised on a motion to dissolve a temporary injunction are limited to issues not previously litigated or appealable from the original injunction order.
• Harbor v. Lancaster
  70 Fla. 200· Fla.· 1915-07-13 ·cited 19×
  The Florida Supreme Court reversed an order denying the railway company's motion to dissolve a temporary injunction that restrained it from removing a dwelling house from church property. The court found the church trustees' bill of complaint failed to satisfy equity requirements
• M.G.K. P'rs v. Cavallo
  515 So. 2d 368· Fla. 4th DCA· 1987-11-12 ·cited 18×
  M.G.K. Partners appeals the trial court's decision to grant a temporary injunction preventing it from leasing space in its shopping center to Domino's Pizza, based on a non-competition clause in the existing Stage Deli lease. The court affirmed, finding no clear abuse of discreti
• Heslop v. Earnest Moore, Jr.
  716 So. 2d 276· Fla. 3d DCA· 1998-05-20 ·cited 17×
  A former husband sought a temporary injunction to prevent his ex-wife from receiving lottery winnings she had won during their separation but concealed during their divorce proceedings. The appellate court reversed the injunction, holding that the ex-husband failed to establish t
• Burtoff v. Alfred Tauber to Laszlo N. Tauber
  85 So. 3d 1182· Fla. 4th DCA· 2012-04-18 ·cited 16×
  Burtoff challenges an order denying his motion for an evidentiary hearing and to dissolve an injunction freezing his bank account. The Florida appellate court reversed because the injunction was issued without proper evidentiary hearing procedures and lacked required factual find
• Betterman v. Kukelhan
  977 So. 2d 702· Fla. 4th DCA· 2008-03-19 ·cited 16×
  A former boyfriend appeals the summary denial of his motion to vacate a domestic violence injunction. The court reverses, holding that due process requires the trial court to hold a hearing and allow the movant to present evidence before denying a motion to dissolve a domestic vi
• Shadow Lakes Woods, Inc. v. Schneider
  414 So. 2d 3· Fla. 5th DCA· 1982-04-07 ·cited 16×
  The court held that a motion to dissolve a mandatory injunction, based on grounds already litigated and without new intervening circumstances, is an improper attempt to evade a court order and cannot be used to retry issues.
• McCAHILL v. Braishfield Assocs., Inc.
  661 So. 2d 399· Fla. 5th DCA· 1995-10-13 ·cited 14×
  The court held that the trial court properly denied the motion to dissolve the temporary injunction.
• Brent C. Miller, Charles M. Rand, & Miller & Rand, P.A. v. Jacobs & Goodman, P.A.
  639 So. 2d 1088· Fla. 5th DCA· 1994-07-15 ·cited 14×
  Miller and Rand appeal a trial court's denial of their third motion to dissolve a preliminary injunction governing fee allocation from clients who followed them when they left their law firm. The appellate court affirms, finding that appellants had earlier opportunities to raise
• Sheetmetal Workers' Int'l Ass'n v. Fla. Heat & Power, Inc.
  230 So. 2d 154· Fla.· 1970-01-07 ·cited 14×
  The Florida Supreme Court held that state courts lack jurisdiction to initially enjoin labor activities that arguably fall under the exclusive jurisdiction of the National Labor Relations Board. The Court reversed an injunction against a union's picketing and secondary pressure a
• Chadler C. Yonge and Henry Bryan v. McCormick
  6 Fla. 368· Fla.· 1855-03-01 ·cited 14×
  This case involves a dispute over a land sale where the buyers sought to rescind the contract and obtain an injunction due to a defective title and the seller's alleged insolvency. The appellate court reversed the lower court's refusal to grant the injunction, finding sufficient
• In re S. Jersey Land Corp.
  361 F.2d 610· 3d Cir.· 1966-05-26 ·cited 13×
  The court held that a reorganization court has jurisdiction to order the reconveyance of fraudulently transferred property, even if it was the subject of a prior state court proceeding, and that the property of a subsidiary corporation is not automatically considered property of
• NOE v. Brady Marchant NOE
  217 So. 3d 196· Fla. 1st DCA· 2017-04-13 ·cited 12×
  Bradley Noe appealed the trial court's denial of his motion to dissolve a domestic violence injunction entered against him 15 years earlier. The court affirmed, holding that Noe's incarceration alone was insufficient to dissolve the injunction where the appellee demonstrated a re
• Int'l Jai-Alai Players Ass'n v. Dania Jai-Alai Div. of the Aragon Grp., Inc.
  563 So. 2d 1117· Fla. 4th DCA· 1990-07-05 ·cited 12×
  The Fourth District Court of Appeal reversed a permanent injunction against striking jai-alai players because the trial court failed to comply with Florida Rule of Civil Procedure 1.440 by holding the final hearing while motions were still pending. The court held that the cause w
• Hotel-Motel v. Black Angus OF Lauderhill, Inc.
  290 So. 2d 479· Fla.· 1974-02-20 ·cited 12×
  The Florida Supreme Court resolved a conflict between District Courts of Appeal regarding whether a party may appeal an ex parte temporary restraining order on labor dispute grounds without first moving to dissolve it. The Court held that such an interlocutory appeal is permissib
• Atl. Coast Line R.R. Co. v. State
  106 Fla. 278· Fla.· 1932-07-26 ·cited 12×
  The Florida Supreme Court held that while the State Railroad Commission may regulate intrastate passenger service on interstate trains and require notice of discontinuance, it cannot enjoin the discontinuance of an interstate train itself. The Court reversed the injunction restra
• Kozich v. DeBRINO
  837 So. 2d 1041· Fla. 4th DCA· 2002-12-18 ·cited 10×
  Kozich appealed a trial court's dismissal of his counterclaims against DeBrino Caulking, its owner Albert DeBrino, and their surety IFIC. The court reversed the dismissal as to IFIC, holding that preliminary injunction findings cannot serve as binding "law of the case" on final h
• Cook v. Voth
  522 So. 2d 899· Fla. 2d DCA· 1988-02-26 ·cited 10×
  In a family law appeal, the Florida District Court of Appeal reversed the trial court's denial of a motion to dissolve a temporary injunction that prevented the former wife from relocating with the parties' minor child from Hillsborough County to Collier County. The court held th
• W.H. Martin and C.H. Martin v. Pinellas Cnty.
  444 So. 2d 439· Fla. 2d DCA· 1983-12-14 ·cited 10×
  The court held that the trial court did not err in issuing a preliminary mandatory injunction to remove illegally dumped materials threatening a public water supply, nor in denying a motion to dissolve the injunction pending appeal.
• Dominguez v. Lopez
  346 So. 2d 627· Fla. 3d DCA· 1977-05-31 ·cited 10×
  Angel Dominguez appealed the trial court's order discharging a lis pendens he filed in a partnership dissolution and accounting action. The Third District reversed because Dominguez was denied the opportunity to present evidence in opposition to the discharge motion, a procedural
• Lewis v. Sunbelt Rentals, Inc.
  949 So. 2d 1114· Fla. 2d DCA· 2007-02-16 ·cited 9×
  The court held that the trial court erred in granting a temporary injunction without notice to the opposing party, as the motion and order failed to comply with Florida Rule of Civil Procedure 1.610.
• Jones v. Jones
  761 So. 2d 478· Fla. 5th DCA· 2000-06-30 ·cited 9×
  Roy Jones appealed the trial court's denial of his motion to dissolve a temporary injunction that prevented him from removing his children from his former wife's custody pending resolution of a custody modification motion. The appellate court reversed, finding the temporary injun
• Mrs. John M. Reynolds v. THE Surf Club
  473 So. 2d 1327· Fla. 3d DCA· 1985-07-02 ·cited 9×
  Proprietor certificate holders of The Surf Club challenged the club's authority to lease property for a condominium project and expel non-paying members. The court affirmed that the club, as a nonprofit corporation, holds legal title to its property, certificate holders have only
• City GAS Co. OF Fla. v. Ro-Mont S. Green Condo. "R", Inc.
  350 So. 2d 790· Fla. 3d DCA· 1977-09-13 ·cited 9×
  The court held that the trial court did not abuse its discretion in denying the motion to dissolve the injunction.
• Fla. Water Servs. Corp. v. Blue Stone Real Est. Constr.
  747 So. 2d 406· Fla. 5th DCA· 1999-11-05 ·cited 8×
  Florida Water Services Corporation appealed a temporary injunction prohibiting it from terminating water service to properties owned by Blue Stone Real Estate Construction and Avalon, Inc. The appellate court reversed the injunction because the trial court failed to include requi
• Victor Tueta & the Marine Bank & Tr. Co. of Tampa v. Rodriguez
  176 So. 2d 550· Fla. 2d DCA· 1965-06-11 ·cited 8×
  In this interlocutory appeal, the Florida District Court of Appeal addressed whether a trial court could enjoin payment under an irrevocable letter of credit based on quasi in rem jurisdiction over the funds. The court held that an irrevocable letter of credit creates a negotiabl
• Gray v. Gray
  958 So. 2d 955· Fla. 1st DCA· 2007-04-26 ·cited 7×
  Jimmy and Frances Gray appealed a temporary injunction entered without notice to freeze their assets, alleging procedural defects. The court dismissed the appeal as moot because the Grays filed a motion to dissolve, participated in an evidentiary hearing, and the injunction was m
• Hodges v. Filstrup
  94 Fla. 943· Fla.· 1927-11-21 ·cited 7×
  The Florida Supreme Court reversed a permanent injunction granted to a fish buyer (Filstrup) against the Shell Fish Commissioner (Hodges), holding that neither the seizure of mullet on December 6th nor the subsequent sheriff's sale to Filstrup on December 8th were lawful under st
• Carrozza v. Stowers
  153 So. 3d 340· Fla. 2d DCA· 2014-12-12 ·cited 6×
  The court held that the trial court erred in summarily denying the motion to dissolve the injunction without a hearing.
• Minty v. Meister Fin. Grp., Inc.
  132 So. 3d 373· Fla. 4th DCA· 2014-02-12 ·cited 6×
  On remand from a prior appeal, the Fourth District reversed the circuit court's order disbursing funds held in the court registry to the lender, finding that the modification of the temporary injunction effectively granted permanent relief without a trial on the borrower's inextr
• SEA TOW Servs. Int'l, Inc. v. Duke Pontin
  973 So. 2d 531· Fla. 3d DCA· 2007-12-26 ·cited 6×
  The court held that a change in circumstances, specifically the licensee's failure to cure violations after notice, required the trial court to dissolve the temporary injunction.
• Fleming v. Demps
  918 So. 2d 982· Fla. 2d DCA· 2005-12-21 ·cited 6×
  Henrietta Fleming appeals a probate court's final judgment declaring that funds transferred from a decedent's bank account to Fleming's name constitute estate property. The court reversed because the probate court determined ownership of the disputed funds without providing Flemi
• Reiter v. Mason
  563 So. 2d 749· Fla. 3d DCA· 1990-06-12 ·cited 6×
  The court held that the trial court abused its discretion in denying the motion to dissolve the injunction and unseal the file, as the injunctions were overly broad and the file should be open to the public.
• Carpenters Dist. Council OF Jacksonville & Vicinity v. The Honorable Roger J. Waybright
  282 So. 2d 193· Fla. 1st DCA· 1973-09-13 ·cited 6×
  The court amended its prior order on mandate to grant a writ of prohibition, restraining the lower court from further jurisdiction except to dissolve the injunction and consider damages.
• United Steelworkers OF Am., AFL-CIO v. Seminole Asphalt Ref., Inc.
  262 So. 2d 215· Fla. 1st DCA· 1972-05-18 ·cited 6×
  A party aggrieved by a temporary injunction may appeal the legal sufficiency of the pleadings and affidavits supporting it as a matter of right under Florida Appellate Rule 4.2, without awaiting the trial court's decision on a motion to dissolve. When appealing the sufficiency of
• Local 675, Int'l Union OF Operating Eng'rs, AFL-CIO v. Meekins, Inc.
  175 So. 2d 59· Fla. 2d DCA· 1965-05-05 ·cited 6×
  A Florida court must decide whether it has jurisdiction to enjoin a union's peaceful picketing of a concrete company's job sites, or whether federal labor law exclusively preempts such state court actions. The court holds that the NLRB has primary jurisdiction to determine whethe