3,388 Florida cases classified under this topic, plus 1,538 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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310 F.2d 325·
2d Cir.·
1962-11-21
·cited 5×
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Harry E. Platt, a Miami City Commissioner, sought an injunction to block recall proceedings against him, arguing they failed to comply with statutory requirements. The Florida Supreme Court reversed the trial court's dismissal and granted the injunction, holding that substantial
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The court affirmed the denial of a preliminary injunction, holding that the inmate failed to show a substantial likelihood of success on his Eighth Amendment claim regarding the nitrogen hypoxia execution protocol.
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The court held that the Florida Supreme Court's interpretation of the amended riot statute clarified that it does not criminalize peaceful protest, thus the plaintiffs failed to show a likelihood of success on their vagueness and overbreadth claims.
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108 F.4th 1287·
11th Cir.·
2024-07-19
·cited 4×
The Eleventh Circuit affirmed the district court's grant of a preliminary injunction, finding that the protégé (Threat Tec) likely breached its fiduciary duty to the mentor (Yorktown) by attempting to use a subcontract termination clause to steal the mentor's workshare on a gover
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Katie Wood, a transgender teacher in Florida, brought First Amendment and Title VII claims challenging a state law prohibiting public school employees from providing students with preferred pronouns or titles that do not correspond to their sex assigned at birth. The district cou
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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 appellate court affirmed a trial court's order granting a temporary injunction to remove a trustee. While the trial court improperly applied the Florida Trust Code, the injunction was permissible under common law principles for land trusts.
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A trial court's order granting a temporary injunction must explicitly relate factual findings to each of the four required elements and provide sufficient factual or legal basis for any affirmative obligations imposed, as strict compliance with Florida Rule of Civil Procedure 1.6
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23 F.4th 1308·
11th Cir.·
2022-01-26
·cited 4×
The Eleventh Circuit affirmed the district court's grant of a preliminary injunction, finding the inmate had standing and was likely to succeed on his ADA claim regarding a reasonable accommodation for his cognitive and reading disabilities in electing an execution method.
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Former business partners disputed control of certain clients under a dissolution agreement. The movant filed a motion for temporary injunction without first filing a complaint, and the trial court granted the injunction without making specific factual findings. The appellate cour
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Picture It Sold Photography appeals the denial of a temporary injunction to enforce a non-solicitation and non-compete agreement against former independent contractor Scott Bunkelman. The trial court found the restrictive covenants reasonable and that Bunkelman violated them, but
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Fratangelo petitions for certiorari to review a non-final trial court order denying his motion for entry of final judgment and reconsideration after a bench trial in a complex business dispute with Olsen over missing assets from LLCs. The appellate court dismisses the petition be
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An injunction requiring deposit of funds into the court registry is proper where the funds are clearly identifiable, were never the property of the enjoined party, belong to either the plaintiff or a third party, and were intended for a specific purpose in a foreclosure action. T
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Rabih Youssef appealed the trial court's grant of a temporary domestic violence injunction against him, arguing the court lacked personal jurisdiction. The Second District Court of Appeal agreed, finding that Youssef's minimal contacts with Florida—vacations, family residence, an
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S.D. Fla.·
2015-04-27
·cited 4×
The court held that the plaintiff established a likelihood of success on the merits of its trademark infringement claim, justifying a preliminary injunction.
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The court held that a delay in litigation should not cause a valid non-compete period to expire before the merits of the injunction can be decided.
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The court held that the trial court abused its discretion by refusing to dissolve an ex parte temporary custody order because the father failed to present sufficient evidence to support it.
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Highway 46 Holdings and two of its members, the Myerses, appealed from an order refusing to dissolve a temporary injunction that had been entered after notice and hearing. The court affirmed the injunction's continuation but reversed the trial court's decision to forgo requiring
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The Florida Supreme Court adopted amendments to the Florida Family Law Rules of Procedure to implement new legislation creating a cause of action for injunctions for protection against stalking. The amendments update multiple rules to add stalking to existing references for domes
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775 F. Supp. 2d 1374·
S.D. Fla.·
2011-03-31
·cited 4×
The court held that the plaintiff's claims were either moot because the alleged ADA violations had been remedied or failed to state a claim because the alleged barriers did not violate the ADA. The court also granted sanctions against the plaintiff.
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Appellants sought a temporary mandatory injunction to regain possession of an apartment after the appellees allegedly changed the locks in violation of Florida's landlord-tenant statute. The trial court denied the injunction, finding the appellants failed to prove the existence o
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734 F. Supp. 2d 1262·
M.D. Fla.·
2010-08-12
·cited 4×
The court held that the plaintiff is likely to succeed on its claims under the Lanham Act and ACPA for trademark infringement and cybersquatting due to the defendant's unauthorized use of domain names incorporating the plaintiff's VASER and VASER LIPO marks.
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717 F. Supp. 2d 1297·
S.D. Fla.·
2010-06-02
·cited 4×
The court held that the plaintiff demonstrated a substantial likelihood of success on the merits of his copyright infringement claim, establishing a prima facie case and refuting the defendant's defenses.
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Appellants sought a temporary injunction to halt the sale of refunding bonds by Miami-Dade County pending resolution of their lawsuit challenging a stadium financing agreement. The court dismissed the appeal as moot because the bonds had been sold to third parties before the appe
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The Beattys appealed a temporary injunction preventing them from blocking their neighbor Aher's driveway access. The court reversed because the injunction violated Florida Rule of Civil Procedure 1.610 by failing to include required findings, date/time of entry, reasoning for ex
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The Florida Fifth District Court of Appeal reversed a civil RICO forfeiture judgment against bingo operators, holding that violations of Florida's Bingo Statute cannot form the basis for RICO liability and that collateral estoppel barred the relitigation of issues already decided
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463 F. Supp. 2d 1348·
S.D. Fla.·
2006-10-23
·cited 4×
The court held that a writ of replevin can only be issued for tangible personal property capable of specific identification and manual seizure, not for intangible assets like bank accounts or accounts receivable.
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445 F. Supp. 2d 1362·
S.D. Fla.·
2006-08-18
·cited 4×
The court denied the defendant's motion to modify the preliminary injunction to allow access to frozen funds for legal defense costs, finding his arguments lacked merit and he had waived his right to challenge the freeze by agreeing to it twice.
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The court granted Plaintiffs' motion for a preliminary injunction, finding a likelihood of confusion due to the similarity of the marks and products, and denied Defendant Tomjai's motion.
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377 F. Supp. 2d 1209·
S.D. Fla.·
2005-06-21
·cited 4×
The court granted in part and denied in part the plaintiff's motion for a preliminary injunction, finding that the non-compete restrictive covenant was enforceable against Defendant Rodriguez, who had intentionally breached it, and that there was a presumption of irreparable harm
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411 F.3d 1289·
11th Cir.·
2005-06-10
·cited 4×
The dissenting judge argues that the federal statute (12 U.S.C. § 1831d(a)) expressly preempts Georgia's law that attempts to regulate interest rates charged by out-of-state banks through in-state agents. The dissent contends that the term "any loan" in the federal statute means
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The Court approved amendments to Florida Supreme Court Approved Family Law Forms by deleting Form 12.980(a) (fee-waiver form), creating three new forms for sexual violence protection (Forms 12.980(q), (r), (s)), and amending numerous existing domestic and repeat violence forms to
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The Florida Supreme Court adopted and amended family law forms addressing domestic violence, repeat violence, and dating violence to comport with 2002 legislative amendments that modified statutory definitions, required recording of proceedings, added prohibited conduct violation
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Alliant Capital challenged a temporary injunction that kept Singleton and his entities in management control of two senior housing projects. The Fifth District Court of Appeal reversed and remanded because the trial court failed to comply with procedural requirements for issuing
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Florida Power Corporation appealed a trial court's grant of an injunction requiring it to pay a previously-negotiated 6% franchise fee to the City of Winter Park after the franchise agreement expired. The court affirmed, holding that a franchisee remaining in possession after the
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The court held that the trial court erred by dismissing a domestic violence injunction without affording the wife due notice and an opportunity to be heard, violating her statutory and due process rights.
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Judicial Watch petitioned for review of a trial court order requiring the Supervisor of Elections to provide statutory notice to all candidates before allowing inspection of ballots cast in the November 2000 election in Broward County. The appellate court denied the petition, fin
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773 So. 2d 114·
Fla. 4th DCA·
2000-12-20
·cited 4×
The court affirmed a temporary injunction in a medical staff dispute but remanded for a hearing on bond amount after finding the trial court failed to allow appellants to address the bond.
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Injunctive relief is appropriate to protect the res in a claim for constructive trust.
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120 F. Supp. 2d 1055·
M.D. Fla.·
2000-11-15
·cited 4×
Federal courts should not enjoin manual vote recounts authorized by state law absent a showing of systematic discrimination or constitutional violation.
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The appellate court affirmed the trial court's denial of a temporary injunction, finding the plaintiff failed to demonstrate immediate danger of significant loss or meet public policy requirements.
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We're Associates VI appealed orders restricting its access to operating funds held in a Dean Witter account during mortgage foreclosure proceedings. The Fourth District reversed, holding that the trial court lacked authority to impose such restrictions absent a properly requested
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The Florida Supreme Court issued amendments to the Florida Family Law Rules of Procedure, modifying several rules based on comments received following an October 1998 opinion. The amendments address confidentiality of records, expert witness procedures, injunctions for domestic a
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33 F. Supp. 2d 1342·
S.D. Fla.·
1999-01-08
·cited 4×
The court held that state officials are not immune from suit under the Eleventh Amendment for prospective injunctive relief to enforce Medicaid law, and that certain Medicaid provisions create an enforceable private right of action under 42 U.S.C. § 1983.
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119 F. Supp. 2d 1332·
S.D. Fla.·
1998-11-19
·cited 4×
The court held that the investments offered were securities under federal law and granted the SEC's motion for a preliminary injunction, denying defendants' motions to dismiss and vacate the TRO.
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43 F. Supp. 2d 1348·
S.D. Fla.·
1998-10-28
·cited 4×
The court granted the plaintiff's motion for a preliminary injunction, asset freeze, accounting, and expedited discovery, finding that the defendants violated federal law by manufacturing and selling unauthorized cable television decoder devices.
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993 F. Supp. 1462·
M.D. Fla.·
1998-02-11
·cited 4×
The court held that the plaintiffs were likely to succeed on the merits of their claim that the defendant's refusal to deliver food to the predominantly African-American community of American Beach, while delivering to the predominantly Caucasian community of Amelia Island Planta
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The court held that the entry of a temporary injunction was error due to procedural and substantive defects, including lack of required findings and bond.