Permanent Injunction

757 Florida cases classified under this topic, plus 75 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Steinberg v. Moore
  108 So. 3d 1151· Fla. 5th DCA· 2013-03-15
• Psurny v. Royal Caribbean Cruises, Ltd.
  521 F. Supp. 2d 895· S.D. Fla.· 2013-02-25
  The court held that equitable tolling does not apply because the plaintiff failed to demonstrate any fault or inequitable conduct by the defendant that prevented a timely federal filing.
• Hall v. Ryan
  98 So. 3d 1195· Fla. 3d DCA· 2012-09-05
  The court granted the State's petition for certiorari to review an order reinstating a defendant's release on his own recognizance, while denying the defendant's petition for habeas corpus seeking reinstatement of that release.
• In re Amendments to the Fla. Supreme Court Approved Fam. Law Forms
  93 So. 3d 194· Fla.· 2012-06-07
  The Florida Supreme Court approved amendments to twenty-four family law forms relating to domestic, repeat, dating, and sexual violence injunctions. The amendments update language to comply with disability accommodations rules, remove unnecessary personal information requests, cl
• Antunes v. Sarasota Cnty.
  94 So. 3d 513· Fla.· 2012-05-10
• DeMATTEO v. Shea
  62 So. 3d 1208· Fla. 4th DCA· 2011-06-08
  DeMatteo and Shea entered into a stipulation requiring DeMatteo to leave Lynn University and Palm Beach County until Shea graduated, in exchange for dismissal of her dating violence injunction petition. The trial court improperly converted this dismissal into a permanent injuncti
• Sec. & Exch. Comm'n v. Rivers
  49 C.C.A. 97· M.D. Fla.· 2011-02-28
  The court granted the SEC's request to enter a stipulated judgment of permanent injunction against Michael Rivers, finding it permissible despite potential Eleventh Circuit concerns about 'obey the law' injunctions.
• Homsey Architects, Inc.
  Del. Ch.· 2010-06-14
  The Court held that the July 2009 amendments to the Delaware Uniform Arbitration Act (DUAA) do not apply retroactively. The Court further found that the parties, through their agreement and course of performance, demonstrated a clear intent for the DUAA to govern their arbitratio
• Johnson & Johnson Vision Care, Inc. v. Ciba Vision Corp.
  712 F. Supp. 2d 1285· M.D. Fla.· 2010-04-27
  The court denied CIBA's motion for a permanent injunction, finding that CIBA failed to prove irreparable harm or that the public interest would not be disserved by an injunction.
• Hess Corp. v. Grillasca
  27 So. 3d 684· Fla. 2d DCA· 2009-12-23 ·via Permanent Injunctive Relief
  Hess Corporation appealed the certification of a class action lawsuit filed by customers who alleged that Hess placed unauthorized holds on their bank accounts when they purchased fuel at self-service pumps using debit cards without entering a PIN. The Florida appellate court rev
• Serv. Corp. OF Westover Hills v. Civil Action No. 2922-VCP Robert Guzzetta & Kathleen S. Guzzetta
  Del. Ch.· 2009-12-22
  The Court held that Article V of the Deed Restrictions, which governs the approval of building plans, does not grant the homeowners association authority to regulate the complete demolition of a house where no replacement structure is planned. Consequently, the homeowners associa
• Concord Steel, Inc.
  Del. Ch.· 2009-09-30
  The court held that the Non-Competition covenant in the Asset Purchase Agreement was breached by Defendants WSP and Neary. The court found the covenant to be unambiguous and applicable to HD plasma cutting work, not just oxyfuel. Consequently, WSP and Neary were found liable for
• Comcast OF Fla., L.P. v. L'Ambiance Beach Condo. Ass'n, Inc.
  17 So. 3d 839· Fla. 4th DCA· 2009-08-26 ·via Permanent Injunctive Relief
  Comcast appeals a trial court judgment upholding a condominium association's termination of a cable television service agreement pursuant to Florida Statute section 718.302. The court affirms, holding that cable television service agreements providing services to unit owners as a
• Papadopoulos v. Sidi
  547 F. Supp. 2d 1262· S.D. Fla.· 2008-01-03
  The court held that a permanent injunction is not an available remedy under Federal Rule of Civil Procedure 69 to aid in the collection of a money judgment, as it is not contemplated by the rule or applicable state statutes, and equitable relief requires the absence of an adequat
• Lefebvre v. Weiser
  967 So. 2d 405· Fla. 3d DCA· 2007-10-24
  The Florida Third District Court of Appeal affirmed a trial court's grant of a temporary injunction preventing two sibling co-owners from managing a family corporation due to documented mismanagement, financial improprieties, and harm to the company. The court held that the trial
• Barrett v. Barrett
  966 So. 2d 976· Fla. 5th DCA· 2007-08-31
  Brian Patrick Barrett appeals from two injunction orders entered against him based on alleged breach of a Marital Settlement Agreement. The appellate court reversed the temporary injunction for lack of proper procedural requirements and remanded the permanent injunction for corre
• Fed. Trade Comm'n v. Netfran Dev. Corp.
  508 F. Supp. 2d 1194· S.D. Fla.· 2007-05-14
  The court entered a stipulated final judgment and order for permanent injunction, permanently restraining and enjoining defendants from engaging in deceptive acts and practices in violation of the FTC Act and Franchise Rule, and imposing a monetary judgment.
• In & for New Castle Cnty. Deloitte & Touche USA LLP
  Del. Ch.· 2007-04-06 ·via Action For Permanent Injunction
  The court granted partial summary judgment for Deloitte, finding it had a legitimate business interest in AutoNation, Burger King, and Ryder Systems, and that the two-year restriction in the noncompete agreement was reasonable for these clients. However, the court denied summary
• Abad v. City of Marathon
  472 F. Supp. 2d 1374· S.D. Fla.· 2007-02-08
  The court held that the plaintiff's speech involved a matter of public concern and his free speech interest outweighed the employer's, but granted qualified immunity to defendant Puto because the plaintiff's rights were not clearly established. Summary judgment was denied for cla
• CBS Broad. Inc. v. Echostar Commc'ns Corp.
  472 F. Supp. 2d 1367· S.D. Fla.· 2006-11-21
  The court held that it must follow the Eleventh Circuit's mandate to enter a nationwide permanent injunction, and denied a proposed settlement agreement and EchoStar's request to modify the injunction's effective date.
• Modern, Inc. v. Florida
  444 F. Supp. 2d 1234· M.D. Fla.· 2006-08-15 ·via Permanent Injunctive Relief
  The court held that the defendant is entitled to summary judgment on the common law flowage easement claim because its actions were aimed at restoring natural water flow, not interfering with it. The court also found that certain deed descriptions were too ambiguous to establish
• Marina View Condo. Ass'n of Unit Owners v. Rehoboth Marina
  Del. Ch.· 2006-08-14
  The Court of Chancery should deny the motion to dismiss for failure to join indispensable parties, as the condominium association adequately represents the unit owners' interests in common elements. However, the Court should grant the motion to dismiss Counts II and III, which se
• IN & FOR NEW Castle Cnty. Horizon Pers. Commc'ns, Inc.
  Del. Ch.· 2006-08-04
  The Court held that Sprint Nextel's planned use of the Sprint brand and marks to promote iDEN products and services, and to re-brand legacy Nextel stores within the Plaintiffs' Service Areas, would violate the implied duty of good faith and fair dealing. The Court granted a perma
• Commodity Futures Trading Comm'n v. United Invs. Grp., Inc.
  440 F. Supp. 2d 1345· S.D. Fla.· 2006-06-28
  The court held that defendant Jay M. Levy committed sales solicitation fraud in violation of the Commodity Exchange Act and its regulations by misrepresenting risks and potential profits to customers.
• In & for Sussex Cnty. the Town of S. Bethany
  Del. Ch.· 2006-05-12
  The Court granted the Town's motion for summary judgment and denied the Nagys' motion, holding that the floating dock constituted a "structure" requiring a building permit and violated existing dock specifications, thus precluding a legal nonconforming use defense. Furthermore, t
• IN & FOR NEW Castle Cnty. Richard J. Korn & Andrew DAL Nogare v. NEW Castle Cnty.
  Del. Ch.· 2005-02-10
  The Delaware Court of Chancery held that New Castle County exceeded its statutory authority by accumulating unauthorized reserves and that the County must adhere to its own ordinance limiting reserve funds to 20 percent of the total estimated revenue for each fund. The court gran
• Michele Pommier Models, Inc. v. Diel
  886 So. 2d 993· Fla. 3d DCA· 2004-10-13
  Wilhelmina Models appealed the dismissal of its count seeking preliminary injunctive relief against Michele Pommier Diel for alleged violations of a non-compete agreement. The court affirmed the dismissal of the preliminary injunction count because Wilhelmina filed suit one week
• Cont'l Aviation Servs., Inc. v. City OF Naples Airport Auth.
  873 So. 2d 567· Fla. 2d DCA· 2004-05-26
  The court held that the NAA's resolution was not an invalid zoning ordinance under state law and could not be overcome by the terms of the lease or fuel permit.
• Mariano R. Gonzalez and Rene Gonzalez v. Flamingo Ests. Maint. Ass'n, Inc.
  874 So. 2d 1198· Fla. 4th DCA· 2004-05-12 ·via Permanent Injunctive Relief
  The Gonzalezes appealed a summary judgment granting an injunction requiring them to modify their home's exterior to comply with architectural guidelines. The court reversed the summary judgment as to the Gonzalezes' affirmative defense that the homeowners association acted arbitr
• Del. Opinion 44250
  Del. Ch.· 2004-02-12
  The court denied the defendants' motion for a permanent injunction to enjoin the resumption of arbitration. The court found that the Supreme Court's prior ruling permitted claim-splitting, allowing plaintiffs to pursue fiduciary duty claims in court and contract claims in arbitra
• Koziara v. City of Casselberry
  347 F. Supp. 2d 1223· M.D. Fla.· 2003-12-03
  The court held that the plaintiff lacked standing to challenge the city's adult entertainment code provisions, as her claims did not meet the requirements for overbreadth, prior restraint, or third-party standing, and thus the court lacked subject-matter jurisdiction.
• City of Wilmington v. Wilmington FOP Lodge #1
  Del. Ch.· 2003-10-29
  The court held that arbitration under a collective bargaining agreement cannot be compelled after the agreement's expiration when the facts giving rise to the dispute occurred after expiration, absent specific exceptions. The City of Wilmington was granted a permanent injunction
• Brooks v. ST. John's Motor Sales, Inc.
  814 So. 2d 1237· Fla. 5th DCA· 2002-05-03
  Brooks, a minority shareholder and manager of a Toyota dealership, sought injunctive relief under Florida's Automotive Dealer's Day In Court Act after being terminated. The court affirmed the denial of injunctive relief, holding that Brooks was not a "motor vehicle dealer" under
• Chuck A. Melton v. Melton
  811 So. 2d 862· Fla. 5th DCA· 2002-03-28
  The court held that converting a hearing on a motion to quash an injunction into a full evidentiary hearing for permanent injunctive relief without proper notice violated the appellant's due process rights.
• In re Amendments to the Fla. Fam. Law Rules of Procedure
  783 So. 2d 937· Fla.· 2000-10-19
  The Florida Supreme Court reviewed and approved proposed amendments to the Florida Family Law Rules of Procedure submitted by the Family Law Rules Committee in its quadrennial report. The Court rejected certain proposals it found problematic while approving others with modificati
• Dep't of Health v. Silvers
  764 So. 2d 727· Fla. 5th DCA· 2000-06-30
  The Department of Health, Children's Medical Services appealed a permanent injunction prohibiting it from obtaining a developmental evaluation of a dependent child whose custody was being transferred to the mother. The court affirmed the injunction, holding that the trial court p
• Boyce v. Ivy Simpson and Donavan G. Williams
  746 So. 2d 507· Fla. 4th DCA· 1999-11-24 ·via Action For Permanent Injunction
  Homeowners in Maplewood Addition sought a permanent injunction to prevent neighbors from operating an Adult Congregate Living Facility (ACLF) in their single-family home, claiming it violated restrictive covenants. The trial court denied the injunction, and the appellate court af
• Lapushinsky v. Campbell
  738 So. 2d 514· Fla. 1st DCA· 1999-08-17
• Prager v. A-Freedom Bail Bonds
  735 So. 2d 586· Fla. 1st DCA· 1999-06-25
• San Marco v. City of St. Petersburg
  959 F. Supp. 2d 396· M.D. Fla.· 1999-04-20
  The court granted the plaintiff's motion to voluntarily dismiss the complaint without prejudice, subject to certain conditions.
• Quantachrome Corp. v. Micromeritics Instrument Corp.
  37 F. Supp. 2d 1354· S.D. Fla.· 1999-02-17
  The court held that Quantachrome's Ultrapycnometer 1000 literally infringes claim 27 of Micromeritics' '146 Patent, and that the patent is not anticipated by the prior art Stereopycnometer.
• Time Warner Entertainment/Advance-Newhouse P'ship v. Worldwide Elecs., L.C.
  50 F. Supp. 2d 1288· S.D. Fla.· 1999-01-26
  The court held that the sale of non-addressable, fully descrambling cable television decoders, especially those with 'bullet-busting' capabilities and accompanied by a money-back guarantee, demonstrates intent to assist in unauthorized reception of cable services, thus violating
• Rhoda W. Wasserstrom v. Wyndemere Homeowner's Ass'n, Inc.
  779 So. 2d 285· Fla. 2d DCA· 1998-09-02
• Am. Charities for Reasonable Fundraising Reg., Inc. v. Pinellas Cnty.
  997 F. Supp. 1476· M.D. Fla.· 1998-03-04
  The court denied the motion to dismiss as to defendants Walsh and Lord, finding the Eleventh Amendment did not bar the suit, and ordered further briefing on the Eleventh Amendment immunity for Pinellas County.
• United States v. Fisher
  977 F. Supp. 1193· S.D. Fla.· 1997-07-30
  Defendants are liable under the Sanctuaries Act for destroying seagrass and removing artifacts, and are ordered to pay for restoration and response costs, and return artifacts.
• Ramp Research & Dev., Inc. v. Structural Panels, Inc.
  977 F. Supp. 1169· S.D. Fla.· 1997-04-10
  The court held that the patents at issue are valid and infringed by the accused device, and that the infringement was willful.
• THE Florida BAR v. Schoonover
  662 So. 2d 1237· Fla.· 1995-11-16
  The court held that the respondent engaged in the unlicensed practice of law and permanently enjoined him from continuing such activities.
• Norris Grain Co. v. United States (In Re Norris Grain Co.)
  168 B.R. 264· M.D. Fla.· 1993-08-19
  The court affirmed the Bankruptcy Court's judgment, finding the tax assessments violated specific bankruptcy code sections but were not voided.
• Sec. & Exch. Comm'n v. Pros Int'l, Inc.
  994 F.2d 767· 10th Cir.· 1993-06-09
  The dissenting judge would reverse the lower court's finding of mere negligence and find the accountant's actions constituted recklessness satisfying the scienter requirement for securities fraud.
• Sec. & Exch. Comm'n v. van Waeyenberghe
  990 F.2d 845· 5th Cir.· 1993-05-17
  The court held that the district court abused its discretion by sealing the final order of permanent injunction and the transcript of proceedings without balancing the public's common law right of access against the interests favoring nondisclosure.