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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An injunction order that fails to specify the reasons for its entry and to describe in reasonable detail the acts restrained violates Florida Rule of Civil Procedure 1.610(c) and is therefore defective and must be reversed.
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223 So. 3d 799·
Fla. 4th DCA·
2019-04-17
The Fourth District affirmed a preliminary injunction against appellants in a commercial dispute involving the Athletes USA brand, remanding only for clarification of the injunction's scope regarding competitive restrictions.
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The Office of the Attorney General sued Nationwide Pools for deceptive trade practices and credit card surcharges, obtaining consent judgments against the defendants. Seventeen months later, defendants moved to vacate the judgments arguing due process violations based on ex parte
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Del. Ch.·
2019-02-28
The Court of Chancery denied the plaintiffs' motion for a preliminary injunction and granted the defendants' motion to dismiss. The court held that the forum selection clause in the Stock Purchase Agreement did not bind the RE Holdcos because they were not explicitly defined as "
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The appellate court affirmed the dissolution of a temporary injunction against a homeowners association but reversed the order compelling binding arbitration. The court found the injunction dissolution was proper due to suspicious notice irregularities, but the arbitration order
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Under FDUTPA section 501.207(1)(b), an enforcing authority seeking injunctive relief is not required to plead actual damages; it need only demonstrate a substantial likelihood of success on the merits by showing the practice was likely to deceive a reasonable consumer.
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The appellate court reviewed a trial court's order granting a temporary injunction against a construction company (WD) for trespassing on a neighboring property owner's (Dan Trust) land. The primary issue was whether the injunction also covered airspace trespass by a tower crane.
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A temporary injunction order does not enjoin airspace trespass where the issue was neither pleaded in the complaint nor presented as evidence at the hearing, and a trial court cannot grant injunctive relief sua sponte for unpled claims.
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This case concerns a temporary injunction granted to Dan Trust (Dan) against WD 19790, LLC (WD) for trespassing on Dan's vacant lot. The appellate court reversed the portion of the injunction that was interpreted to include airspace trespass by a tower crane, finding it was neith
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Del. Ch.·
2019-01-23
The appellate court affirmed the trial court's grant of a preliminary injunction, finding that the plaintiff corporation demonstrated a reasonable probability of success on the merits regarding claims of breach of fiduciary duty of loyalty and fraudulent transfer, an imminent thr
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A domestic violence injunction cannot be extended without a factual basis showing violence between the parties.
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Clare Greenshields appeals orders discharging a lis pendens on her Merritt Island home but restricting proceeds from its sale, and denying her request to dissolve an injunction or require posting of a bond. The Fifth District reversed, holding that the trial court erred in requir
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Del. Ch.·
2018-10-26
The Court granted in part Plaintiff Cabela's motion for a preliminary injunction, enforcing the confidentiality and nonsolicitation provisions of the agreements between Cabela's and its former employees. The Court found that while the choice-of-law provision in the agreements fav
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The Court amended Florida Probate Rule 5.025 to include proceedings for injunctions under section 825.1035, Florida Statutes, as adversary proceedings and exempted such proceedings from the formal notice requirements of rule 5.025 because the statute provides its own notice and s
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A candidate for judicial office may appear on the ballot under a hyphenated form of his name absent evidence of fraudulent intent to deceive voters or create confusion with another candidate. The appellant failed to establish the elements required for a temporary injunction, part
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42 La. 720·
S.D. Fla.·
2018-08-10
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A preliminary injunction must be reversed where the movant fails to establish a substantial likelihood of success on the merits, as binding precedent establishes that a judicial vacancy occurring before the commencement of the election process must be filled by gubernatorial appo
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An appeal becomes moot when a change in circumstances occurs making it impossible for the court to provide effectual relief.
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The Florida Supreme Court amended Form 12.980(b)(1), an order setting hearing on petitions for injunctions for protection against domestic violence, repeat violence, dating violence, sexual violence, and stalking. The amendment clarifies courts' obligations to record domestic vio
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Premier Compounding Pharmacy, Inc. successfully obtained a permanent injunction against employee Eric Larson for violating a non-compete agreement and subsequently moved for attorney's fees under the employment contract's Paragraph 12. The trial court denied the fees, reasoning t
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A trial court does not abuse its discretion by denying a stay of civil injunction proceedings based on Fifth Amendment concerns when a related criminal case is pending, as no constitutional requirement mandates such a stay absent special circumstances.
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228 So. 3d 726·
Fla. 5th DCA·
2017-10-27
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The appellate court affirmed the trial court's decision to deny a motion to dissolve a temporary injunction. The injunction was granted against a former employee accused of breaching restrictive covenants in his employment agreement. The court found no abuse of discretion in the
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The court denied the motion for a preliminary injunction, finding that the plaintiff failed to demonstrate a reasonable probability of success on the merits or a threat of irreparable injury. The court interpreted the "Transfer Restriction" in the investment agreement to apply on
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Janie Lerma-Fusco, as personal representative of her deceased husband Franco Fusco's estate, appealed orders setting aside a strike of creditors' claim and granting a temporary injunction freezing estate assets. The Fifth District Court of Appeal dismissed the first appeal as non
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The court held that the trial court did not err in granting a temporary injunction and imposing specific terms, as the parties' unambiguous Resale Agreement contained an exclusive forum selection clause that the appellant violated by filing suit in the Dominican Republic.
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Aligned Bayshore Marina appeals a trial court's temporary injunction order. The court quashes the injunction because it fails to comply with Florida Rule of Civil Procedure 1.610, specifically by lacking required factual findings explaining the reasons for entry and failing to re
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The court held that assessments for non-recurring legal and engineering fees, adopted through an amended budget process, were properly classified as 'special assessments' requiring adherence to specific statutory procedures.
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Del. Ch.·
2016-08-17
The court granted a temporary restraining order, preventing the Delaware Department of Transportation (DelDOT) from awarding a construction contract to another bidder, but denied the request for a mandatory injunction to rebid the project. The court found that while DelDOT violat
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Florida appellate court reversed a temporary domestic violence injunction because the trial court failed to comply with statutory requirements by issuing a fixed-term temporary injunction without scheduling a required future hearing or making findings, and because Florida law doe
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The court held that the plaintiff failed to establish a substantial likelihood of success on the merits of its trademark infringement claim and failed to demonstrate irreparable injury, thus denying the motion for a preliminary injunction.
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The appellate court affirmed in part and reversed in part the trial court's order regarding a motion for temporary injunction to enforce a restrictive covenant, where one party challenged the denial of the injunction and the other challenged its partial granting.
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Del. Ch.·
2015-07-14
The Court of Chancery has subject matter jurisdiction over the plaintiffs' claims seeking to enjoin the requirement that they wear GPS monitor ankle bracelets and declare the governing statute unconstitutional. The court found that the plaintiffs' primary relief sought was equita
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Del.·
2015-07-02
The Delaware Supreme Court affirmed the Court of Chancery's decision, holding that a corporate bylaw requiring "prior public disclosure of the date" of an annual meeting necessitates disclosure of the specific, actual date, not an anticipated or approximate date range. Therefore,
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Del. Ch.·
2015-05-20
The Court of Chancery approved a settlement in a class and derivative action arising from a corporate restructuring. The settlement provided $275 million to the company, reduced insider voting power, and expanded the board with independent directors. The court found that the sett
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The Florida Supreme Court adopted amendments to the approved family law form 12.980(n) for petitions seeking injunctions for protection against dating violence. The amendments clarify the statutory requirements for standing and the evidence needed when a parent or legal guardian
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156 So. 3d 588·
Fla. 3d DCA·
2015-02-04
Florida appellate court affirmed the trial court's denial of a preliminary injunction in a franchise dispute and upheld exclusion of a surreptitiously recorded telephone conversation under Florida's two-party consent wiretapping statute.
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Del. Ch.·
2014-12-16
The Court denied the Plaintiff's motion for a temporary restraining order (TRO) and motion to expedite. The Court found that the Plaintiff failed to demonstrate a colorable claim that the enforcement of the advance notice bylaw (ANB) would be inequitable, as required for a TRO. T
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The court denied Marlow Marine Sales' motion for a preliminary injunction to stop arbitration proceedings in London, finding it unlikely to prevail on the merits and unlikely to suffer irreparable harm.
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Del. Ch.·
2014-09-30
The Court denied the plaintiff's motion for a preliminary injunction, finding that the plaintiff failed to establish a reasonable probability of success on the merits for its trade secret and deceptive practices claims, and that the potential harm to the plaintiff was speculative
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The court held that the trial court erred in dismissing a third petition for a temporary injunction for domestic violence without affording the petitioner preliminary procedural due process.
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The Florida Supreme Court adopted amendments to two approved family law forms—Form 12.980(b)(1) and Form 12.980(u)—to clarify findings required when denying ex parte temporary injunctions and to remove a mandatory treatment provision from stalking injunction forms. This administr
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The court held that the Alliance likely would not succeed on its Equal Access Act claim due to Florida's lack of a statutory definition for 'secondary school,' and that the school's rejection of the Alliance's club application was likely permissible under the Hazelwood standard f
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855 F. Supp. 2d 793·
M.D. Fla.·
2014-01-29
The court granted the Regional Director's petition for a preliminary injunction, finding reasonable cause to believe unfair labor practices occurred and that injunctive relief was just and proper.
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857 F. Supp. 2d 1236·
S.D. Fla.·
2013-11-26
The court held that the Convention on Recognition and Enforcement of Foreign Arbitral Awards did not apply because the parties' relationship lacked a sufficient nexus to a foreign state, thus federal courts lacked subject matter jurisdiction.
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840 F. Supp. 2d 898·
S.D. Fla.·
2013-11-13
The court held that the plaintiff failed to state a claim for municipal liability under § 1983 based on the drug policy or failure to train, but the plaintiff may have a cognizable interest in employment for due process claims against individual defendants.
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Former Wife appeals the trial court's denial of her petition to relocate with the child to Indiana. The court affirmed, finding that Former Wife failed to prove relocation was in the child's best interest and demonstrated a pattern of disregarding court orders and interfering wit
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833 F. Supp. 2d 673·
S.D. Fla.·
2013-09-18
The court held that the defendants failed to demonstrate a likelihood of success on appeal and that equity favored preserving frozen assets for consumer redress over allowing defendants to use them for living expenses.