Preliminary Injunction

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

• Ginsberg v. Ginsberg
  738 So. 2d 1032· Fla. 3d DCA· 1999-08-31 ·via Temporary Injunction
  The court held that the trial court erred in entering a temporary injunction based on an unverified petition and without a bond.
• Lapushinsky v. Campbell
  738 So. 2d 514· Fla. 1st DCA· 1999-08-17 ·via Temporary Injunction
• BAF Commc'ns Corp. v. King
  737 So. 2d 659· Fla. 5th DCA· 1999-08-13 ·via Temporary Injunction
• Albright v. Union Bankers Ins.
  85 F. Supp. 2d 1302· S.D. Fla.· 1999-07-19 ·via Temporary Injunction
  State law claims related to an employee welfare benefit plan are preempted by ERISA if the plan qualifies as an ERISA plan.
• Seminole Ent., Inc. v. Seminole Cnty.
  740 So. 2d 68· Fla. 5th DCA· 1999-07-09 ·via Temporary Injunction
  The court reversed the trial court's denial of a temporary injunction, holding that the City of Casselberry's ordinance permitting regulated nudity in adult entertainment establishments prevails over Seminole County's prohibition under the Home Rule Charter's conflict provision.
• Prager v. A-Freedom Bail Bonds
  735 So. 2d 586· Fla. 1st DCA· 1999-06-25 ·via Temporary Injunction
• City OF Edgewood v. MCR Dev. Co.
  734 So. 2d 588· Fla. 5th DCA· 1999-06-18 ·via Temporary Injunction
  The court held that the trial court correctly dissolved the temporary injunction because the city lacked jurisdiction over the road on the relevant date.
• Dep't OF Cmty. Affairs v. Marion Cnty.
  734 So. 2d 1147· Fla. 5th DCA· 1999-05-28 ·via Temporary Injunction
  The Department of Community Affairs appealed the denial of its motion for a temporary injunction against Marion County's moratorium on manufactured building permits in the R-1 zoning district. The court affirmed the denial, holding that the trial court did not abuse its discretio
• Boca Raton Towing, Inc. v. Boca Raton Towing & Recovery, Inc.
  729 So. 2d 531· Fla. 4th DCA· 1999-04-14 ·via Temporary Injunction
  Appellate court affirmed finding of indirect civil contempt for willful violation of temporary injunction but vacated the $5,000 fine for lack of proper basis under the coercion or compensation standards.
• Waterman Broad. Corp. v. Fort Myers Broad. Co.
  56 F. Supp. 2d 1358· M.D. Fla.· 1999-04-01 ·via Preliminary Injunction Standard
  The court denied the plaintiff's motion for a preliminary injunction because the plaintiff failed to demonstrate a substantial likelihood of success on the merits.
• Radcliffe Ex Rel. Collins v. Sch. Bd. of Hillsborough Cnty.
  38 F. Supp. 2d 994· M.D. Fla.· 1999-02-16 ·via Motion For Preliminary Injunction
  The court held that the plaintiffs failed to exhaust their administrative remedies under the Individuals with Disabilities Education Act (IDEA), and therefore their motion for a temporary restraining order and preliminary injunction must be denied.
• CHS Fin. Servs., Inc. v. Small Bus. Consultants, Inc.
  722 So. 2d 245· Fla. 2d DCA· 1998-12-09
  CHS Financial Services and Carmie Snider appealed a judgment finding they violated a noncompetition agreement with Small Business Consultants by soliciting Century Bank regarding the Suntan Terrace Motel transaction. The court reversed, holding that because Century Bank approache
• Dep't OF Hwy. Safety v. Sylvie Marie Parsons
  719 So. 2d 339· Fla. 5th DCA· 1998-09-11 ·via Temporary Injunction
  A circuit court, sitting in its appellate capacity to review a license suspension, lacks the inherent power to order the Department of Highway Safety and Motor Vehicles to issue a hardship license.
• Fausto S. Capella v. The Coleman Inst.
  707 So. 2d 1210· Fla. 4th DCA· 1998-04-15 ·via Temporary Injunction
• NEW Mount Moriah Missionary Baptist Church, Inc. v. Reverend Charles L. Dinkins
  708 So. 2d 972· Fla. 3d DCA· 1998-03-18 ·via Temporary Injunction
  The court held that the Board of Deacons' vote to dismiss the pastor was the sole action required, and the subsequent membership vote did not invalidate the dismissal.
• Tefel v. Reno
  140 F. Supp. 102· S.D. Fla.· 1998-02-10
  The court denied defendants' motions, finding that plaintiffs' constitutional claims remained viable and that the preliminary injunction was not moot as to all class members, thus precluding summary judgment.
• Daniels v. Sch. Bd. of Brevard Cnty.
  995 F. Supp. 1394· M.D. Fla.· 1997-12-23
  The court held that the School Board's proposed plan to remedy gender-based disparities in athletic facilities was inadequate and potentially retaliatory, and issued a preliminary injunction imposing measures that did not require additional funding, pending resolution of related
• Deckinger v. Exp. Dev. Corp.
  701 So. 2d 670· Fla. 4th DCA· 1997-11-26 ·via Temporary Injunction
• United States v. McKeiver
  120 F. Supp. 462· M.D. Fla.· 1997-10-30
• Paul Y. v. Singletary
  979 F. Supp. 1422· S.D. Fla.· 1997-09-30 ·via Preliminary Injunction Standard
  The court held that while the original IEP could not be reinstated, the state was enjoined from changing transition plans without prior notice to parents, as federal law requires.
• Rodriguez v. United States
  983 F. Supp. 1445· S.D. Fla.· 1997-09-17 ·via Motion For Preliminary Injunction
  The court found that federal statutes regulating alien eligibility for benefits are subject to rational basis review, not strict scrutiny, due to Congress's plenary power over immigration.
• Bellamy v. Benard A. Miraglia
  698 So. 2d 365· Fla. 4th DCA· 1997-08-20 ·via Temporary Injunction
  In a post-divorce custody dispute, the Fourth District Court of Appeal reversed in part an order denying a motion to dissolve a temporary injunction that prevented the mother from relocating to Texas, holding that the injunction was improperly entered based solely on unsworn docu
• Mora v. Karr
  697 So. 2d 887· Fla. 4th DCA· 1997-06-25 ·via Temporary Injunction
  The Moras and Moores sought a temporary injunction to stop Karr from violating deed restrictions on his property, but the trial court denied the motion. The appellate court affirmed, holding that the Moras had waived the restrictions and the Moores waited too long to seek relief.
• Playtime OF Brevard, Inc. v. Bd. OF Cnty. Comm'rs OF Brevard Cnty.
  687 So. 2d 954· Fla. 5th DCA· 1997-02-14 ·via Temporary Injunction
  Playtime sought attorney's fees under Florida Statute 57.105 after obtaining a mandamus order requiring Brevard County to issue an adult entertainment license. The court affirmed the denial of attorney's fees, holding that the County's defenses were not frivolous because the tria
• Fla. Coll. of Bus. v. Accrediting Council for Indep. Colleges & Schs.
  954 F. Supp. 256· S.D. Fla.· 1996-12-23
  The court granted a preliminary injunction, remanding the case to the accrediting agency for further findings because the agency's decision to withdraw accreditation was not supported by substantial evidence.
• Guar. Title & Tr. Co. & T.A. Title Ins. Co. v. First Guar. Title & Escrow OF Fla., Inc.
  684 So. 2d 219· Fla. 3d DCA· 1996-11-20 ·via Temporary Injunction
  Title insurance companies appealed an interlocutory order dissolving a temporary injunction, discharging a receiver, and transferring their action to Broward County. The appellate court reversed the transfer and dissolution of the injunction, finding the trial court abused its di
• Fla. Panthers Hockey Club v. Miami Sports & Exhibition Auth.
  939 F. Supp. 855· S.D. Fla.· 1996-08-23
  The court held that the Miami Sports and Exhibition Authority (MSEA) unreasonably withheld its consent to the Panthers' license amendment, and therefore, granted the Panthers' motion for a preliminary injunction.
• The Fla. Bar re Amendments to Rules Regulating the Fla. Bar (proceedings Before a Referee)
  685 So. 2d 1203· Fla.· 1996-06-27
  The Florida Bar petitioned the Florida Supreme Court to amend Rule 10-7.1 to allow courts to order unlicensed practitioners to pay restitution and costs to complainants in civil injunctive relief cases. The Court declined the restitution amendment but approved provisions for taxi
• Merrill Lynch v. Green
  936 F. Supp. 942· S.D. Fla.· 1996-03-29
  The court held that a financial institution is entitled to a preliminary injunction to prevent arbitration of claims against it, based on immunity under the Bank Secrecy Act and waiver of arbitration by the claimant's conduct.
• Fla. Truck Dock Co. v. Monroe
  659 So. 2d 1363· Fla. 5th DCA· 1995-09-08 ·via Temporary Injunction
  The court held that while an injunction against working for a competitor was properly denied, an injunction against soliciting customers was warranted.
• Johnson v. Fla. High Sch. Activities Ass'n, Inc.
  899 F. Supp. 579· M.D. Fla.· 1995-09-06
  The court held that waiving the age eligibility rule for a disabled student athlete was a reasonable accommodation that did not fundamentally alter the nature of the program, thus granting a preliminary injunction.
• Zeller v. the Florida Bar
  909 F. Supp. 1518· N.D. Fla.· 1995-06-16
  The court held that the time restrictions on soliciting and accepting judicial campaign contributions under Canon 7C(1) were unconstitutional as they unduly restricted First Amendment rights of speech and association without being narrowly tailored to the state's interest in prev
• Barker v. Jackson Nat'l Life Ins.
  141 F.R.D. 11· N.D. Fla.· 1995-06-15
  The court denied the plaintiff's motion to substitute the Estate of Stacey Lynn Barker as the real party in interest.
• Gangloff v. Poccia
  888 F. Supp. 1549· M.D. Fla.· 1995-06-13
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 because his allegations amounted to negligence, not deliberate indifference to his constitutional rights.
• Beate Kittel-Glass v. Oceans Four Condo. Ass'n
  648 So. 2d 827· Fla. 5th DCA· 1995-01-06 ·via Temporary Injunction
  This case involves a condominium owner who challenged a final judgment that awarded the condominium association injunctive relief and monetary damages. The appellate court reversed the judgment, finding that the owner was not properly charged with the number of violations for whi
• Reed v. Quatkemeyer
  647 So. 2d 172· Fla. 2d DCA· 1994-06-24 ·via Temporary Injunction
  Expelled members of the Fraternal Order of Eagles sought to enjoin enforcement of their expulsion. The court reversed the injunction, holding that courts will not interfere with fraternal organization disciplinary decisions absent a property interest, fraud, or bad faith.
• Chad v. City of Fort Lauderdale
  861 F. Supp. 1057· S.D. Fla.· 1994-06-20
  Chad sought a preliminary injunction to prevent Fort Lauderdale from enforcing Beach Rule 7.5(c), which prohibits soliciting, begging, and panhandling on the city's beach and adjacent sidewalk, claiming the rule violated his First Amendment rights. The court held that the beach a
• Fenio v. Mut. of Omaha Ins.
  868 F. Supp. 318· S.D. Fla.· 1994-06-14 ·via Preliminary Injunction Requirements
  The court held that the plaintiff demonstrated a substantial likelihood of success on the merits, entitling her to a preliminary injunction requiring the defendant to pay for her medical treatment.
• The Travelers Ins. Co. v. Conley
  637 So. 2d 373· Fla. 5th DCA· 1994-06-03 ·via Temporary Injunction
  A court of equity may enjoin threatened criminal acts if grounds for an injunction otherwise exist, such as irreparable injury and inadequate legal remedy.
• United Petro/Energy Corp. v. United States
  846 F. Supp. 993· S.D. Fla.· 1994-03-09 ·via Application For Preliminary Injunction
  The court held that the Anti-Injunction Act barred the suit because the plaintiff's request for a tax registration certificate was an attempt to restrain the collection of taxes, and the plaintiff failed to meet the criteria for the sole judicial exception to the Act.
• Devereaux v. Colvin
  844 F. Supp. 1508· M.D. Fla.· 1994-02-16
  The court vacated the preliminary injunction because the plaintiff failed to establish a likelihood of prevailing on the merits and irreparable injury, and granted sanctions against the plaintiff and counsel for frivolous litigation.
• Cabral v. Olsten Corp.
  843 F. Supp. 701· M.D. Fla.· 1994-02-04 ·via Motion For Preliminary Injunction
  The court held that the termination of medical benefits constitutes irreparable harm, and granted a preliminary injunction allowing the plaintiff to elect COBRA coverage.
• Jozie Felicella v. Pamper ME Nail & Fashion Boutique, Inc.
  623 So. 2d 861· Fla. 4th DCA· 1993-09-15 ·via Temporary Injunction
  The court reversed a temporary injunction against a former employee for violating a non-competition clause because the enforceability of the contract was questionable due to the employee's minority when executed and unresolved ratification issues.
• Whitaker v. Interstate Commerce Comm'n (In Re Olympia Holding Corp.)
  161 B.R. 524· M.D. Fla.· 1993-09-10
  The court held that while the bankruptcy court had authority to enjoin the ICC's show cause order as it exceeded statutory authority, it abused its discretion by enjoining all future ICC proceedings.
• Hilo v. Exxon Corp.
  997 F.2d 641· 9th Cir.· 1993-06-30 ·via Preliminary Injunction Standard
  The court held that section 2805(e) of the PMPA, which limits injunctive relief for nonrenewals made in good faith, applies only to permanent injunctive relief, not preliminary injunctions.
• United States v. Denzil W. Robbins
  997 F.2d 390· 8th Cir.· 1993-06-28
  The court held that the bankruptcy judge's opinion, based on the confusion of assets doctrine in a civil proceeding, was insufficient evidence to support a criminal conviction for concealing property of the bankruptcy estate. However, there was sufficient evidence to sustain the
• Harris v. Blue Cross Blue Shield
  995 F.2d 877· 8th Cir.· 1993-06-18 ·via Preliminary Injunction Standard
  The appeal from the preliminary injunction is moot because the patient has completed the treatment, and the case is remanded for trial on the merits.
• Burgess v. Ryan
  996 F.2d 180· 7th Cir.· 1993-06-14
  The court held that the district court erred in finding Illinois's license revocation scheme unconstitutional on due process grounds and that the preliminary injunction was improperly granted.
• Rabbi Thomas Friedmann v. Sheldon Cmty. Sch. Dist. & Marcus Cmty. Sch. Dist.
  995 F.2d 802· 8th Cir.· 1993-05-28
  The court held that plaintiffs, as taxpayers, lacked standing to challenge the school districts' allowance of student-led invocations or benedictions at graduation ceremonies because they failed to establish a sufficient nexus between their taxpayer status and the alleged constit
• Fed. Deposit Ins. Corp. for Empire Sav. & Loan Ass'n v. D.L. Faulkner
  991 F.2d 262· 5th Cir.· 1993-05-25
  The court held that the asset-freeze provisions of the Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990 (TRA) can be applied to pending lawsuits to secure potential damage awards, and that freezing all of the defendants' assets was permissible due