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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A trial court seeking to deny a temporary injunction for violation of a non-compete agreement must apply the statutory presumption of irreparable injury under Florida Statute § 542.335(1)(j), and the availability of other causes of action seeking monetary damages does not ipso fa
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The Uniform Trade Secrets Act authorizes injunctive relief to protect trade secrets from misappropriation but does not permit courts to enjoin competition generally without a valid non-compete agreement.
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Attorney's fees awarded for success on an interlocutory appeal are only recoverable if the party prevailing on that appeal also ultimately prevails in the trial court. The trial court prematurely awarded fees when the underlying counterclaim remained unresolved.
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The court held that the trial court's order granting a temporary injunction without notice was improper because it failed to comply with Florida Rule of Civil Procedure 1.610.
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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
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In a dissolution of marriage case, the trial court issued a temporary injunction against third-party defendant CJM Partners, LLC prohibiting asset disposition without posting a bond as required by Florida Rule of Civil Procedure 1.610(b). The Third District Court of Appeal revers
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Appellants sought damages from an injunction bond after the plaintiff voluntarily dismissed its lawsuit seeking to enforce non-compete agreements. The court held that a voluntary dismissal does not automatically constitute a determination that the defendants were wrongfully enjoi
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The appellate court dismissed the appeal for lack of jurisdiction because the order denying partial summary judgment for a permanent injunction is not an immediately appealable order under the relevant rule.
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The court reversed the trial court's order canceling a hearing on the appellants' motion to dissolve two temporary restraining orders. The court found that the trial court erred in denying the motion without an evidentiary hearing, particularly because the predecessor judge had i
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13 I.T.R.D. (BNA) 1664·
S.D. Fla.·
2013-05-02
·cited 1×
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Blue Earth Solutions appeals a temporary injunction requiring them to restore possession of business premises to Florida Consolidated Properties following an asset purchase agreement dispute. The court reverses, holding that the injunction was legally untenable because the partie
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732 F. Supp. 2d 310·
M.D. Fla.·
2013-02-15
·cited 1×
The court held that the Rooker-Feldman doctrine does not apply because the plaintiff's claims allege independent constitutional violations, not just review of state court decisions. However, the court found that Younger abstention applies because there are ongoing state proceedin
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462 F. Supp. 2d 561·
M.D. Fla.·
2012-12-21
·cited 1×
The court held that the plaintiff failed to establish a likelihood of success on the merits of his copyright infringement claim or that he would suffer irreparable harm, thus denying his motion for a preliminary injunction.
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The court held that the circuit court erred in setting a bond amount for a temporary injunction without first holding an evidentiary hearing to determine the appropriate amount.
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820 F. Supp. 2d 1273·
M.D. Fla.·
2011-10-24
·cited 1×
The court held that requiring TANF applicants to submit to suspicionless drug testing constitutes a search under the Fourth Amendment, and the plaintiff has a substantial likelihood of succeeding on his constitutional challenge.
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2011 WL 1677458·
Del. Ch.·
2011-06-27
·cited 1×
The Delaware Court of Chancery awarded $2.75 million in interim attorneys' fees and expenses to lead counsel for their role in obtaining supplemental disclosures in a merger challenge. The court deferred ruling on fees related to a preliminary injunction, finding that further pro
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Cellco Partnership (Verizon Wireless) appealed the denial of a temporary injunction against a former Alltel employee who allegedly disclosed customer information to a Sprint competitor. The court affirmed the denial, holding that neither Alltel nor Cellco could enforce the nondis
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The court held that the plaintiff failed to demonstrate a substantial likelihood of success on its constitutional challenges to Florida's electioneering communications statutes, and therefore denied the motion for a preliminary injunction.
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736 F. Supp. 2d 1334·
S.D. Fla.·
2010-08-24
·cited 1×
The court denied the motion for a preliminary injunction against all defendants, finding that the plaintiffs failed to demonstrate a likelihood of irreparable injury, particularly regarding the actual and imminent nature of the harm.
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703 F. Supp. 2d 1307·
S.D. Fla.·
2010-03-18
·cited 1×
The court held that the plaintiff's motion for a preliminary injunction should be denied because the defendant's affirmative defense of laches is likely to be meritorious, the plaintiff failed to demonstrate irreparable injury, and the balance of hardships tips in favor of the de
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689 F. Supp. 2d 1332·
S.D. Fla.·
2010-01-08
·cited 1×
Tiffany and its counsel Gaffigan sued unknown defendants operating counterfeit jewelry websites under multiple domain names incorporating Tiffany's trademarks. The court granted a preliminary injunction finding substantial likelihood of success on claims for trademark infringemen
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The Department of Revenue appeals a trial court's grant of a temporary injunction abating an administrative child support order while the case was pending appeal to the First District Court of Appeal. The court reversed, holding that the trial court lacked jurisdiction because th
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664 F. Supp. 2d 1246·
S.D. Fla.·
2009-10-22
·cited 1×
The court granted a preliminary injunction against defendant's comparative advertising because the ads were misleading, even if not literally false, and likely to deceive consumers.
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The court denied the plaintiffs' motion for a preliminary injunction, finding that the amended Florida statute requiring verification of identification numbers for voter registration did not facially violate constitutional rights.
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The court held that the plaintiff fraternity failed to demonstrate a substantial likelihood of success on the merits regarding its First Amendment claims, and thus denied the motion for a preliminary injunction.
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The court held that the trial court did not abuse its discretion in granting a temporary injunction requiring the removal of a radio tower and cessation of radio station operation due to violations of county land development codes.
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505 F. Supp. 2d 1327·
M.D. Fla.·
2007-04-12
·cited 1×
The court granted a permanent injunction against further patent infringement but denied prejudgment interest on state law claims due to an unclear damages calculation and on patent claims due to undue delay. Enhanced damages were awarded due to willful infringement.
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Florida appellate court reversed a permanent domestic violence injunction against a mother regarding her sixteen-year-old daughter, finding the alleged incidents did not meet the statutory definition of domestic violence and the petitioner lacked reasonable cause to believe she f
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442 F. Supp. 2d 1257·
M.D. Fla.·
2006-07-28
·cited 1×
Mass suspicionless pat-downs at NFL games constitute unreasonable searches under the Florida Constitution and Fourth Amendment because the Tampa Sports Authority failed to establish a substantial and real risk of a terrorist attack justifying a 'special needs' exception.
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914 So. 2d 1076·
Fla. 2d DCA·
2005-11-30
·cited 1×
The Tampa Sports Authority appealed a preliminary injunction barring suspicionless patdown searches of stadium attendees at Tampa Bay Buccaneers games. The appellate court vacated the automatic stay of the injunction, allowing it to remain in effect during the appeal, based on a
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344 F. Supp. 2d 1376·
S.D. Fla.·
2004-11-05
·cited 1×
Sounds of Service Radio sought a preliminary injunction to stop state court proceedings between itself and G & G Trading, Inc., but the federal district court denied the motion and dismissed the case with prejudice because the federal court lacked authority under the Anti-Injunct
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340 F. Supp. 2d 1316·
M.D. Fla.·
2004-10-08
·cited 1×
The court held that an ALJ's determination of a child's eligibility for special education does not constitute an agreement for a change in placement under the IDEA's stay-put provision, thus the school board is not obligated to provide an IEP during its appeal.
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The Florida Supreme Court adopted amendments to Florida Supreme Court Approved Family Law Forms related to injunctions for protection against sexual violence, domestic violence, repeat violence, and dating violence, in response to 2004 legislative amendments to Florida Statutes s
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The court held that it lacks jurisdiction to review the executive branch's repatriation decisions for Cuban nationals interdicted on the high seas or in territorial waters.
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The court held that excluding a religious viewpoint on Christmas from a holiday display event, while allowing secular and commercial viewpoints, violates the First Amendment's Free Speech Clause. However, the proposed religious display must be modified to avoid an Establishment C
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The court held that the former employee's emails to customers constituted solicitation, creating a presumption of irreparable injury, entitling the employer to a temporary injunction.
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268 F. Supp. 2d 1333·
S.D. Fla.·
2003-05-08
·cited 1×
The court held that the units offered were securities, and the defendants violated federal securities laws by selling them without registration and through fraudulent means, warranting a preliminary injunction.
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A mother appeals a trial court's order granting the father exclusive temporary custody of their minor child based on an ex parte motion. The appellate court reversed, finding no true emergency existed and the evidence was insufficient to support the temporary custody modification
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The court held that the trial court properly denied the motion to dissolve the temporary injunction because the applicant demonstrated a likelihood of success on a material fraud claim and principles of comity supported the injunction.
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184 F. Supp. 2d 1186·
N.D. Fla.·
2001-12-28
·cited 1×
The court held that Florida's amended statutes authorizing a preferred drug list and prior authorization program do not conflict with federal Medicaid law and thus are not preempted.
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2001 U.S. Dist. LEXIS 22021·
N.D. Fla.·
2001-12-27
·cited 1×
The federal antitrust laws do not apply to the 'business of baseball,' including contraction, and this exemption extends to state antitrust laws.
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102 F. Supp. 376·
S.D. Fla.·
2001-10-01
·cited 1×
The court held that defendants' pattern of discovery abuses and violations of court orders warranted striking their pleadings and entering a default as to liability.
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The Florida Fifth District Court of Appeal reviewed a temporary injunction and preliminary relief order in a civil RICO action brought by the State against nightclub operators. The court held that while a preliminary injunction was appropriate, it was overly broad and must be mod
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158 F. Supp. 2d 1332·
S.D. Fla.·
2001-08-15
·cited 1×
The court held that habeas corpus is not the exclusive remedy for parolees challenging their conditions of release, and that exhaustion of administrative remedies is not always required. Therefore, the court has jurisdiction over the action.
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165 F. Supp. 2d 1322·
M.D. Fla.·
2001-07-25
·cited 1×
A municipal zoning code that fails to provide procedural safeguards for timely decisions and prompt judicial review of applications for adult theaters constitutes an unconstitutional prior restraint on First Amendment rights.
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The court held that the St. Johns County Sign Ordinance's permitting provisions likely constitute an unconstitutional prior restraint on free speech due to the lack of specified time limits for decision-making and consequences for delay.
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The trial court abused its discretion by awarding appellate costs to a party who did not prevail on the significant issues of the appeal.
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139 F. Supp. 2d 1358·
M.D. Fla.·
2001-03-29
·cited 1×
The court held that the Fair Labor Standards Act (FLSA) grants the Secretary of Labor exclusive authority to seek injunctive relief, precluding private parties from obtaining such relief.
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The State Department of Agriculture appealed a trial court's temporary injunction that prohibited destruction of citrus-canker-infected trees and required the Department to treat a lessee as a "property owner" for notice purposes. The appellate court reversed, holding that the De