Motion To Dissolve Injunction

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

• Trice v. Trice
  267 So. 3d 496· Fla. 2d DCA· 2019-03-20 ·cited 5×
  A party seeking to dissolve a domestic violence injunction must show a change in circumstances such that the scenario underlying the injunction no longer exists and continuation would serve no valid purpose. Where the movant established geographic separation, six years without co
• Planned Parenthood OF Greater Orlando v. MMB Props.
  171 So. 3d 125· Fla. 5th DCA· 2015-05-22 ·cited 5×
  Planned Parenthood appeals a temporary injunction prohibiting it from performing abortions at a medical park property in violation of a restrictive covenant. The Fifth District Court of Appeal reversed the portion of the injunction prohibiting sonograms for lack of proper pleadin
• Fong v. Courvoisier Courts Condo.
  81 So. 3d 562· Fla. 3d DCA· 2012-02-22 ·cited 5×
  The Fongs appealed the denial of their motion to dissolve a temporary injunction issued by the trial court regarding their property. Although the appellate court agreed the trial court abused its discretion in granting the injunction, it affirmed the denial of the motion to disso
• Speer v. Evangelisto
  662 So. 2d 1340· Fla. 2d DCA· 1995-11-15 ·cited 5×
  Speer and Saliu appealed an injunction ordering return of restaurant and bar equipment that had been removed from Florida premises. The court reversed the injunction, holding that because the property had already been removed from the state and the appellees could be fully compen
• Bell v. ALL Persons Claiming ANY Estate
  198 So. 2d 35· Fla. 3d DCA· 1967-04-18 ·cited 5×
  The court held that a temporary injunction may be granted without notice if the moving party demonstrates urgent necessity and the allegations in the sworn motion are presumed true in the absence of a motion to dissolve.
• Igor Tsiperfal v. Ohio Sav. Sec., Inc.
  756 So. 2d 1087· Fla. 4th DCA· 2000-04-28 ·cited 4×
  The court held that a trial court must promptly hear a motion to dissolve a temporary injunction, as required by rule.
• Anesthesia Grp. OF Miami, Inc. v. Charles Hyams, M.D.
  693 So. 2d 673· Fla. 3d DCA· 1997-05-07 ·cited 4×
  The court affirmed the temporary injunction, clarifying that it restrains the enforcement of the non-competition clause in the employment agreement.
• Meditek Therapy, Inc. v. Vat-Tech, Inc.
  658 So. 2d 644· Fla. 2d DCA· 1995-07-28 ·cited 4×
  MediTek Therapy, Inc., an exclusive distributor, appeals a temporary injunction granted without notice, alleging it breached a confidentiality agreement by allowing Korean representatives to inspect and photograph a patented chiropractic treatment table. The appellate court rever
• Sanstrom v. Garren
  187 So. 2d 366· Fla. 3d DCA· 1966-06-07 ·cited 4×
  The court held that a complaint seeking injunctive relief based on a contingent future injury fails to state a cause of action.
• de Carlucci v. Granulite
  171 So. 2d 587· Fla. 2d DCA· 1965-02-05 ·cited 4×
  De Carlucci and others sought a permanent injunction against Granulite, Inc. for trademark infringement, alleging the defendant's name "Garnetlite" was confusingly similar to their name "Granulite." The trial court issued a temporary restraining order without notice and later ref
• Raulerson v. Peeples
  81 Fla. 206· Fla.· 1921-02-16 ·cited 4×
  The Florida Supreme Court reversed interlocutory orders granting a temporary injunction and denying dissolution of that injunction in a case arising from a prior ejectment judgment. The court held that Peeples lacked independent equity for his bill seeking to stay execution of an
• Amezcua v. Cortez
  314 So. 3d 666· Fla. 3d DCA· 2021-01-13 ·cited 3×
  A temporary injunction enforcing a foreign embargo order may be issued and maintained in an in rem proceeding without personal jurisdiction over the defendant, provided the defendant received due process in the foreign tribunal, the foreign court had original jurisdiction, and th
• Bork v. Pare
  252 So. 3d 394· Fla. 2d DCA· 2018-08-08 ·cited 3×
  Joshua Bork appealed the trial court's summary denial of his motion to dissolve a permanent injunction entered against him in favor of Sara Pare. The appellate court reversed, holding that Bork's motion was facially sufficient and entitled him to a hearing as a matter of due proc
• Andrist v. Spleen
  142 So. 3d 950· Fla. 4th DCA· 2014-07-16 ·cited 3×
  In this defamation case, appellants (stand-up comedians) appealed an order limiting their damages from a wrongfully issued ex parte temporary injunction to the $100 bond amount. The court held that where an injunction is obtained ex parte without notice and the enjoined party pro
• Weissman v. Weissman
  102 So. 3d 718· Fla. 2d DCA· 2012-12-12 ·cited 3×
  The former husband sought certiorari review of an ex parte emergency order that prohibited all contact with his three minor children for ninety days following a residential treatment program in California. The appellate court granted the petition in part, quashing the ninety-day
• Vavrus v. City OF Palm Beach Gardens
  927 So. 2d 992· Fla. 4th DCA· 2006-04-05 ·cited 3×
  The court affirmed the trial court's judgment in favor of the City on all of Vavrus' claims and also affirmed the denial of the City's claim for a permanent injunction.
• Jefferies & Co., Inc. v. Int'l Assets Holding Corp.
  830 So. 2d 256· Fla. 5th DCA· 2002-11-15 ·cited 3×
  The court held that the trial court erred in denying the motion to dissolve the temporary injunction because the plaintiffs failed to establish the likelihood of irreparable injury and the lack of an adequate remedy at law.
• Palma Plaza Owners' Ass'n, Inc. v. Cummings & Lockwood
  706 So. 2d 1376· Fla. 4th DCA· 1998-02-25 ·cited 3×
• Smith v. Bateman Graham, P.A.
  680 So. 2d 497· Fla. 1st DCA· 1996-04-19 ·cited 3×
  The Florida First District Court of Appeal reversed an ex parte injunction prohibiting attorney J. Layne Smith from contacting clients of his former law firm employer, holding that the former employer lacked standing to enforce violations of Florida Bar ethics rules through priva
• Price v. Taylor
  298 So. 3d 654· Fla. 4th DCA· 2020-06-10 ·cited 2×
  When a domestic violence injunction is effectively entered ex parte because the opposing party did not have an opportunity to testify at the initial hearing through no fault of his own, he may challenge the initial grant of the injunction on a motion to dissolve and present evide
• Miley v. Dunn
  264 So. 3d 219· Fla. 2d DCA· 2018-12-21 ·cited 2×
  Jennifer Miley appeals the trial court's denial of her motion to modify a 2007 injunction for protection against sexual violence entered on behalf of her son J.A.M. against Jessica Dunn. The injunction prohibited Dunn from coming within 250 feet of J.A.M.'s school, but the addres
• Martinez v. Cramer
  121 So. 3d 580· Fla. 4th DCA· 2013-08-07 ·cited 2×
  Florida's appellate court held that counsel must be appointed to an alleged incapacitated person at the time an emergency temporary guardian is appointed, not later. The court reversed the trial court's order appointing an emergency temporary guardian without first providing coun
• Reese v. Marcus
  75 So. 3d 339· Fla. 5th DCA· 2011-11-10 ·cited 2×
• Mem'l Health Sys., Inc. v. Halifax Hospice, Inc.
  689 So. 2d 373· Fla. 1st DCA· 1997-02-26 ·cited 2×
  Memorial Health Systems appealed an order striking its motion to dissolve a temporary injunction that prevented the Agency for Health Care Administration from issuing MHS a hospice license. The court held that a license applicant not named as a party defendant has standing to mov
• Kenelm Denison v. Denison
  603 So. 2d 115· Fla. 4th DCA· 1992-08-05 ·cited 2×
  The Fourth District Court of Appeal reversed a trial court's modification of a temporary injunction issued in a divorce proceeding involving business disputes, holding that the trial court violated due process by ruling on the injunction without allowing appellants to present evi
• United Steelworkers OF Am., AFL-CIO v. Seminole Asphalt Ref., Inc.
  269 So. 2d 28· Fla. 1st DCA· 1972-11-21 ·cited 2×
  The United Steelworkers appeals a trial court's temporary injunction issued without notice against union picketing at Seminole Asphalt Refining's plant. The appellate court reversed, holding that the unverified petition and affidavit were legally insufficient to support an ex par
• Carvell v. Viglianco
  67 So. 2d 240· Fla.· 1953-09-11 ·cited 2×
  Carvell, a holder in due course of a promissory note, sought to collect it against Viglianco in a common-law action. Viglianco filed an equity suit alleging the note had been altered, obtaining a temporary restraining order. The Florida Supreme Court held that equity should not h
• Daneisis Lopez v. Perez
  221 So. 3d 1204· Fla. 3d DCA· 2016-11-02 ·cited 1×
  Lopez appeals from three trial court orders in a child custody matter: granting an emergency injunction preventing removal of a minor child, denying her motion to dissolve that injunction, and appointing a guardian ad litem/attorney for the child. The appellate court affirmed the
• TJ Mgmt. Grp., L.L.C. v. Ehud Zidon
  990 So. 2d 623· Fla. 3d DCA· 2008-09-03 ·cited 1×
  TJ Management appeals the trial court's order denying its motion to dissolve an emergency interim relief order that froze funds in a bank account. The court affirmed the trial court's authority to enforce its prior injunctive orders by freezing assets pending resolution of owners
• Avery Dev. Corp. v. The Vill. BY THE SEA Condo. Apts., Inc.
  539 So. 2d 616· Fla. 4th DCA· 1989-03-22 ·cited 1×
  The appellate court affirmed the trial court's denial of a motion to dissolve a temporary injunction, finding a sufficient basis in the record for the injunction.
• Harris v. Ebony Bohler and Michael Bohler
  Fla. 4th DCA· 2026-07-08
  An appeal of a final judgment of injunction for protection against stalking is dismissed as untimely when the notice of appeal is filed more than 30 days after entry of the judgment.
• Muoio v. Safinya
  Fla. 3d DCA· 2026-06-10
  An appellant's failure to furnish the appellate court with an appendix or transcript of the proceedings requires affirmance of the trial court's order due to the presumption of correctness accorded to trial court decisions.
• Caron v. Caron
  Fla. 4th DCA· 2025-11-19
  An ex parte order prohibiting removal or disposal of marital home contents constitutes a temporary injunction that must comply with statutory requirements, including sufficient factual findings, a bond requirement, and an evidentiary hearing on motions to dissolve or modify.
• Marcionette v. Marcionette
  Fla. 6th DCA· 2025-08-29
  A motion to dissolve an injunction filed in the wrong division must be transferred to the appropriate division rather than denied, as all circuit court judges have equal jurisdiction within their circuit.
• Jordanna Serena Sheermohamed v. Tozzi
  Fla. 4th DCA· 2023-10-18
  The appellate court reversed a lower court's decision to dissolve a domestic violence injunction and restart supervised timesharing. The court found the lower court abused its discretion by relying on a psychiatrist's testimony that was not fully informed of the father's post-inj
• Jordanna Serena Sheermohamed v. Tozzi
  Fla. 4th DCA· 2023-10-18
  The appellate court reversed a lower court's decision to dissolve a domestic violence injunction and restart supervised timesharing. The court found the lower court abused its discretion by relying on a biased expert's testimony and failing to order a neutral psychological examin
• Erwin A. Larios v. Larios
  359 So. 3d 1224· Fla. 3d DCA· 2023-04-05
  A domestic violence injunction may be dissolved when the party seeking dissolution demonstrates a significant change in circumstances and the record lacks competent substantial evidence of a continuing, reasonable fear of imminent violence. Subjective fear alone, unmoored from cu
• Tenaka Rashawn Brown v. Garcia
  Fla. 5th DCA· 2021-08-06
  A trial court must conduct a properly noticed evidentiary hearing on a motion to dissolve an injunction for protection against repeat violence when the movant alleges a change in circumstances.
• Sanchez v. Saenz
  Fla. 3d DCA· 2021-05-12
  The appellate court reversed and remanded a trial court's decision to extend an ex parte injunction, finding that the trial court failed to demonstrate good cause for the repeated continuances and extensions. The court emphasized that such extensions should be exceptional and tha
• Randi Moss v. Hopler-Bower
  Fla. 4th DCA· 2021-03-24
  A motion to dissolve a domestic violence injunction must allege a change in circumstances to be sufficient.
• Randi Moss v. Gregg Letts o/b/o K.L.
  Fla. 4th DCA· 2021-03-24
  A motion to dissolve a domestic violence injunction must allege a change in circumstances to be sufficient.
• Randi Moss v. Letts
  Fla. 4th DCA· 2021-03-24
  A motion to dissolve a domestic violence injunction must allege a change in circumstances to be sufficient.
• Ross v. Carbone
  Fla. 4th DCA· 2020-04-29
  An ex parte temporary restraining order is affirmed when it is facially sufficient, and the appellant retains the right to move for its dissolution with a full hearing required before expiration.
• Bigger v. William J. CUM o/b/o W.C.
  Fla. 4th DCA· 2019-09-18
  A domestic violence injunction must be corrected when it improperly extends protection to both the appellee and his child rather than limiting protection to the child alone.
• Harris v. Mims
  273 So. 3d 1130· Fla. 5th DCA· 2019-05-17
  A motion to dissolve an injunction may be refiled in the trial court if based on changed circumstances such as the appellee's death.
• Sweet v. Tucker
  260 So. 3d 1191· Fla. 1st DCA· 2019-01-07
  When a trial judge becomes aware of grounds for recusal at or before a hearing but issues a substantive order after that awareness, the order must be vacated and the matter remanded for a new hearing before an impartial judge.
• Leija v. Byrd
  233 So. 3d 528· Fla. 1st DCA· 2018-01-17
• Leija v. Byrd
  233 So. 3d 528· Fla. 1st DCA· 2018-01-16
  A trial court errs in summarily denying a motion to dissolve an injunction for protection against repeat violence when the movant alleges lack of contact with the petitioner over fifteen years and that the injunction interferes with employment, without affording a meaningful oppo
• Garcia v. R. A. G.
  229 So. 3d 882· Fla. 5th DCA· 2017-10-27
  An incarcerated inmate appealed the summary denial of his motion to dissolve a domestic violence injunction, arguing he did not timely receive notice of the underlying order. The court reversed and remanded, holding that the trial court must conduct an evidentiary hearing on the
• Washington v. Washington
  163 So. 3d 742· Fla. 1st DCA· 2015-05-01