Temporary Injunction Requirements

194 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• City OF Jacksonville v. Naegele Outdoor Advertising Co.
  634 So. 2d 750· Fla. 1st DCA· 1994-03-30 ·cited 124×
  The City of Jacksonville appeals a temporary injunction granted to outdoor advertising companies challenging a charter amendment and ordinances requiring removal of their signs. The appellate court reverses, holding that the trial court failed to make adequate findings supporting
• Reinhold Constr., Inc. v. City Council FOR the City OF Vero Beach
  429 So. 2d 699· Fla. 4th DCA· 1983-01-26 ·cited 82×
• Hiles v. Auto Bahn Fed'n, Inc.
  498 So. 2d 997· Fla. 4th DCA· 1986-12-10 ·cited 79×
  Peter Hiles and Auto Bahn Sales and Leasing, Inc. appealed from an interlocutory order granting a temporary mandatory injunction that prevented disposal of corporate assets. The Fourth District Court of Appeal reversed, holding that the appellees failed to demonstrate the prerequ
• Yardley v. Ina Marie Albu
  826 So. 2d 467· Fla. 5th DCA· 2002-09-20 ·cited 72×
  The Yardleys appeal a trial court's temporary injunction favoring their neighbors, the Albus, regarding use of a five-foot easement on the Yardleys' property. The appellate court reversed, holding that the injunction order failed to comply with Florida Rules of Civil Procedure Ru
• Contemporary Interiors, Inc. v. Four Marks, Inc.
  384 So. 2d 734· Fla. 4th DCA· 1980-06-11 ·cited 62×
  Contemporary Interiors appealed a trial court's grant of a temporary injunction that prohibited it from selling flooring in a shopping center. The Fourth District Court of Appeal reversed, finding that the plaintiff failed to prove the necessary elements for obtaining this extrao
• Wolfgang Bellach v. Huggs OF Naples, Inc.
  704 So. 2d 679· Fla. 2d DCA· 1997-12-17 ·cited 49×
  In this appeal, the court reversed a trial court's temporary injunction against a former owner of a retail gift shop for violating a covenant not to compete. The injunction was defective because it failed to include a required bond and lacked necessary findings of fact regarding
• 3299 N. Fed. Hwy., Inc. v. Bd. OF Cnty. Comm'rs OF Broward Cnty.
  646 So. 2d 215· Fla. 4th DCA· 1994-09-09 ·cited 43×
  Two nude dancing nightclubs and three dancers challenged Broward County's newly adopted Adult Entertainment Code by seeking a temporary injunction to prevent its enforcement. The Fourth District Court of Appeal affirmed the trial court's denial of the injunction, finding that app
• Smith v. Hous. Auth. of the City of Daytona Beach
  148 Fla. 195· Fla.· 1941-09-24 ·cited 43×
  The Florida Supreme Court reversed a permanent injunction granted by a lower court that exempted a housing authority's property from taxation. The court held that the injunction was improperly granted due to procedural defects (lack of process and pleadings) and substantive defic
• Naegele Outdoor Adv. Co. v. Jacksonville
  659 So. 2d 1046· Fla.· 1995-08-24 ·cited 41×
  The Supreme Court of Florida reviewed a district court's decision to quash a temporary injunction that had prohibited the City of Jacksonville from levying fines against billboard companies for violating a sign ordinance. The court ultimately approved the district court's decisio
• Foreclosure Freesearch, Inc. v. Sullivan
  12 So. 3d 771· Fla. 4th DCA· 2009-04-29 ·cited 37×
  Foreclosure FreeSearch appealed a trial court's temporary injunction blocking a reverse stock split and appraisal process affecting minority shareholders Sullivan and Muttillo. The appellate court reversed, holding that the appraisal process constitutes an adequate remedy at law
• Atomic Tattoos, LLC v. Morgan
  45 So. 3d 63· Fla. 2d DCA· 2010-09-10 ·cited 32×
  Atomic Tattoos sought enforcement of a restrictive covenant against a former independent contractor tattoo artist who opened a competing business within the restricted geographic area and solicited the company's customers. The appellate court reversed the trial court's denial of
• Cramp v. Bd. OF Pub. Instruction OF Orange Cnty.
  118 So. 2d 541· Fla.· 1960-03-04 ·cited 32×
  Teacher Cramp challenged a Florida statute requiring public employees to take a loyalty oath, claiming it violated his First Amendment rights. The Florida Supreme Court affirmed the trial court's denial of a temporary injunction, holding that Cramp failed to plead sufficient fact
• Masters Freight, Inc. v. Servco, Inc.
  915 So. 2d 666· Fla. 2d DCA· 2005-10-12 ·cited 30×
  The court held that a temporary injunction must specify the reasons for its entry and include clear findings supporting the four required elements.
• Angelino v. Santa Barbara Enters., LLC
  2 So. 3d 1100· Fla. 3d DCA· 2009-02-18 ·cited 29×
  Sabrina Angelino appeals the trial court's entry of a temporary injunction and constructive trust imposed in a business dispute involving competing telecommunications companies. The appellate court reversed, finding the injunction lacked specific factual findings, was overly broa
• BAY N Gulf, Inc. v. Anchor Seafood, Inc.
  971 So. 2d 842· Fla. 3d DCA· 2007-10-24 ·cited 27×
  Bay N Gulf appealed the trial court's dissolution of a temporary injunction preventing Anchor Seafood from conveying frozen seafood. The court affirmed, holding that a trial court has continuing discretion to dissolve a temporary injunction and that the trial court did not abuse
• Concerned Citizens FOR Jud. Fairness, Inc. v. Yacucci
  162 So. 3d 68· Fla. 4th DCA· 2014-09-03 ·cited 26×
  A Florida appellate court reversed a temporary injunction prohibiting an electioneering organization from publishing information about a judicial candidate during a political campaign, holding that the injunction constituted an unconstitutional prior restraint on First Amendment
• Fla. Land Co. v. Orange Cnty.
  418 So. 2d 370· Fla. 5th DCA· 1982-08-18 ·cited 26×
  Florida Land Company appealed the denial of its motion for a temporary injunction to halt Orange County's Ordinance 81-14, which allocated sewage treatment capacity. The court affirmed the denial, holding that the appellant failed to demonstrate that the injunction would serve th
• DePUY Orthopaedics, Inc. v. Waxman
  95 So. 3d 928· Fla. 1st DCA· 2012-08-03 ·cited 25×
  DePuy Orthopaedics appealed a trial court's denial of its motion for a temporary injunction to enforce non-compete covenants against three former sales representatives. The appellate court reversed and remanded, holding that the non-compete covenants were properly assigned to DeP
• Sarasota Bev. Co. v. Johnson
  551 So. 2d 503· Fla. 2d DCA· 1989-08-02 ·cited 25×
  Sarasota Beverage Company appeals the denial of a preliminary injunction to enforce a noncompetition agreement against former employee Johnson who was hired by competitor Blaikie & Sons. The court reverses, holding that when a noncompetition agreement is reasonable as to time and
• Uni-Chem Corp. OF Fla., Inc. v. Maret
  338 So. 2d 885· Fla. 3d DCA· 1976-10-26 ·cited 25×
  Uni-Chem Corporation sought a temporary injunction to enforce a non-compete agreement against former salesmen who violated the covenant by immediately joining a competitor. The trial court denied the temporary injunction, and the appellate court affirmed, holding that even with a
• NET First Nat'l Bank v. First Telebanc Corp.
  834 So. 2d 944· Fla. 4th DCA· 2003-01-22 ·cited 23×
  Net First National Bank executives and shareholders appeal a temporary injunction that prevented them from acting as directors of the Bank and its holding company. The Fourth District Court of Appeal reversed, holding that the lower court abused its discretion by granting the inj
• Suntrust Banks, Inc. v. Cauthon & McGUIGAN, PLC
  78 So. 3d 709· Fla. 1st DCA· 2012-02-02 ·cited 22×
  SunTrust Banks appeals a trial court's order granting a temporary injunction requiring it to return seized funds from a law firm's client trust account after a fraudulent check was deposited. The appellate court reversed, holding that the law firm failed to establish the necessar
• Myrtice Jane Hayes v. Hayes
  578 So. 2d 54· Fla. 2d DCA· 1991-04-19 ·cited 22×
  A mother appealed an ex parte temporary injunction prohibiting her from removing her child from Polk County to relocate to Maryland for employment. The court reversed, holding that the father's verified petition failed to comply with Florida Rule of Civil Procedure 1.610 by not a
• Offshore Marine Towing, Inc. v. SEA TOW Servs. Int'l, Inc.
  778 So. 2d 510· Fla. 4th DCA· 2001-02-28 ·cited 21×
  Offshore Marine Towing appealed a temporary injunction granted against it in a suit between competing marine assistance companies. The court affirmed the injunction on the merits but remanded for an evidentiary hearing on the injunction bond amount, as required by Florida Rule of
• Hathcock v. Hathcock
  533 So. 2d 802· Fla. 1st DCA· 1988-09-29 ·cited 21×
  The court reversed a temporary injunction issued in a marital dissolution proceeding because it was granted without compliance with Florida Rule of Civil Procedure 1.610. The injunction prohibited the husband from disposing of marital property, harassing his wife, and awarded the
• Planned Parenthood of Southwest and Central Florida v. State of Fla. & Planned Parenthood of Sw. & Cent. Fla.
  384 So. 3d 67· Fla.· 2024-04-01 ·cited 20×
  The Florida Constitution's Privacy Clause does not guarantee a right to abortion and therefore does not invalidate a statute prohibiting abortions after 15 weeks of pregnancy. The Court receded from In re T.W. (1989) and related precedent that had recognized a broad right to abor
• Minty v. Meister Financialgroup, Inc.
  97 So. 3d 926· Fla. 4th DCA· 2012-09-05 ·cited 20×
  A borrower appeals a circuit court's orders denying her motion to dissolve a temporary injunction, severing her counterclaims, and dismissing other counterclaims in a loan refinance dispute. The appellate court reversed the denial of the motion to dissolve, granted a petition for
• Advantage Digit. Sys., Inc. v. Digit. Imaging Servs., Inc.
  870 So. 2d 111· Fla. 2d DCA· 2003-12-03 ·cited 20×
  Digital Imaging Services sought a temporary injunction against former employees Knaus, Geenen, and Foust, and their new employer Advantage Digital, based on claims of trade secret theft, tortious interference, and breach of noncompetition agreements. The appellate court reversed
• Wasserman v. Gulf Health, Inc.
  512 So. 2d 234· Fla. 2d DCA· 1987-08-12 ·cited 20×
  Wasserman and Continental-Health Insurance appealed a contempt finding against them, while Gulf Health cross-appealed the denial of motions to dissolve temporary injunctions. The court affirmed the contempt order but reversed and remanded regarding the injunctions, finding them d
• Cohen Fin., LP v. Kmc/Ec II, LLC
  967 So. 2d 224· Fla. 3d DCA· 2007-07-11 ·cited 19×
  Cohen Financial appeals the denial of a temporary injunction to freeze loan proceeds as a broker's fee under a mortgage brokerage agreement. The court affirmed, holding that Cohen Financial failed to establish a substantial likelihood of success on the merits because it did not a
• Sandlake Residences, LLC v. Ogilvie
  951 So. 2d 117· Fla. 5th DCA· 2007-03-16 ·cited 19×
  Sandlake Residences appealed a trial court's grant of a temporary injunction requiring it to keep an entrance gate open and remove speed bumps from a permanent access road. The Fifth District Court of Appeal reversed, finding the trial court misinterpreted the easement agreement
• DiCHRISTOPHER v. Bd. OF Cnty. Comm'rs
  908 So. 2d 492· Fla. 5th DCA· 2005-06-10 ·cited 19×
  DiChristopher appealed the dismissal of his request for a temporary injunction to stop Brevard County's mosquito control flooding of his property. The Fifth District affirmed the trial court's denial, holding that DiChristopher had an adequate remedy at law through inverse condem
• Edward Supinski, M.D. v. Omni Healthcare, P.A.
  853 So. 2d 526· Fla. 5th DCA· 2003-08-29 ·cited 19×
  Dr. Supinski appeals a temporary injunction enforcing a noncompetition covenant in his employment agreement with Omni Healthcare. The appellate court affirmed the injunction as meeting all legal requirements for temporary injunctive relief, but remanded for reconsideration of the
• Aerospace Welding, Inc. v. Southstream Exhaust & Welding, Inc.
  824 So. 2d 226· Fla. 4th DCA· 2002-07-24 ·cited 18×
  Aerospace Welding appeals from the dissolution of a temporary injunction and an award of attorney's fees to the defendant. The court affirmed, holding that the original injunction order violated Florida Rules of Civil Procedure by failing to specify reasons for entry and describe
• Miami-Dade Cnty. v. Church & Tower, Inc.
  715 So. 2d 1084· Fla. 3d DCA· 1998-08-12 ·cited 18×
  Miami-Dade County appealed the trial court's order granting a temporary injunction and staying its dissolution in a bid protest case involving Church & Tower (C&T). The appellate court reversed, holding that C&T failed to demonstrate a substantial likelihood of success on the mer
• Hutchinson v. Kimzay OF Fla., Inc.
  637 So. 2d 942· Fla. 5th DCA· 1994-05-27 ·cited 18×
  A landlord appealed orders granting temporary injunctions that prevented him from pursuing eviction and claiming damages against his tenant over a lease rent dispute. The Florida appellate court reversed both injunctive orders, finding they failed to comply with the procedural re
• Rollins, Inc. v. Parker
  755 So. 2d 839· Fla. 5th DCA· 2000-05-05 ·cited 17×
  Rollins appealed the denial of its temporary injunction application against Parker for allegedly violating a non-compete agreement. The court affirmed the trial court's denial, holding that Georgia law governed the agreement and that Rollins failed to demonstrate the requisite el
• Heslop v. Earnest Moore, Jr.
  716 So. 2d 276· Fla. 3d DCA· 1998-05-20 ·cited 17×
  A former husband sought a temporary injunction to prevent his ex-wife from receiving lottery winnings she had won during their separation but concealed during their divorce proceedings. The appellate court reversed the injunction, holding that the ex-husband failed to establish t
• Jack Eckerd Corp. v. 17070 Collins Ave. Shopping Ctr., Ltd.
  563 So. 2d 103· Fla. 3d DCA· 1990-05-02 ·cited 17×
  A commercial tenant seeking to enjoin the breach of a restrictive covenant that protects parking or access to its leased premises need not prove irreparable harm; proof of the covenant violation is sufficient to obtain a temporary injunction.
• Burtoff v. Alfred Tauber to Laszlo N. Tauber
  85 So. 3d 1182· Fla. 4th DCA· 2012-04-18 ·cited 16×
  Burtoff challenges an order denying his motion for an evidentiary hearing and to dissolve an injunction freezing his bank account. The Florida appellate court reversed because the injunction was issued without proper evidentiary hearing procedures and lacked required factual find
• Eldon v. Perrin
  78 So. 3d 737· Fla. 4th DCA· 2012-02-08 ·cited 16×
  Charles Eldon appealed a temporary injunction granted against him. The Florida Fourth District Court of Appeal reversed because the injunction order lacked sufficient factual findings supporting each element of the four-part injunction test and failed to set an appropriate bond a
• State v. Cont'l CAR Servs., Inc.
  650 So. 2d 173· Fla. 2d DCA· 1995-02-08 ·cited 16×
  The court held that the plaintiffs failed to prove irreparable harm and the absence of an adequate remedy at law, which are necessary elements for a temporary injunction.
• Biscayne Park, LLC v. Wal-Mart Stores E., LP
  34 So. 3d 24· Fla. 3d DCA· 2010-02-17 ·cited 15×
  Biscayne Park appeals a trial court order granting Wal-Mart's motion for a temporary injunction to seal groundwater monitoring wells on Biscayne's property. The Third District Court of Appeal reversed, holding that Wal-Mart failed to establish the prerequisites for injunctive rel
• Shafer v. Shafer
  898 So. 2d 1053· Fla. 4th DCA· 2005-03-16 ·cited 14×
  A mother appeals a trial court's temporary injunction preventing her relocation from Lake Worth to Orlando with her nine-year-old son while she attends law school. The Fourth District Court of Appeal affirms, holding that the detailed visitation schedule in the final judgment imp
• Fla. High Sch. Activities Ass'n, Inc. v. Marsonek
  805 So. 2d 868· Fla. 2d DCA· 2001-09-14 ·cited 14×
  The court held that the trial court erred by granting an ex parte injunction without satisfying the requirements of Florida Rule of Civil Procedure 1.610 regarding notice and findings of irreparable harm.
• The Fla. High Sch. Activities Ass'n v. Alena Kartenovich
  749 So. 2d 1290· Fla. 3d DCA· 2000-02-24 ·cited 14×
  The Florida High School Activities Association appealed a temporary injunction granted to The Berkshire School and four student-athletes who sought to compete in state basketball tournaments despite an FHSAA sanction for recruiting violations. The court reversed the injunction, h
• Hall v. City OF Orlando
  555 So. 2d 963· Fla. 5th DCA· 1990-01-25 ·cited 14×
  Hall appeals the denial of a temporary injunction to prevent the City of Orlando from expanding drainage through an easement on his property. The court reversed, finding that Hall satisfied all requirements for a temporary injunction because the City's drainage expansion would ca
• Galencare, Inc. v. Bayfront HMA Med. Ctr, LLC
  Fla. 1st DCA· 2018-01-02 ·cited 13×
  A competitor hospital seeking a temporary injunction against a rival's provisional trauma center operations failed to establish a substantial likelihood of success on the merits because the statutory framework does not require the Department to consider whether trauma center posi
• Randolph v. Antioch Farms Feed & Grain Corp.
  903 So. 2d 384· Fla. 2d DCA· 2005-06-17 ·cited 13×
  Appellants Randolph appealed from a temporary injunction order granted in favor of Antioch Farms Feed & Grain Corp. and Tony Sills. The appellate court affirmed the injunction but remanded for the trial court to enter proper factual findings and set an appropriate bond, as requir
• Wade v. Brown
  928 So. 2d 1260· Fla. 4th DCA· 2006-05-24 ·cited 12×
  The court held that a temporary injunction was improperly granted because the record failed to demonstrate irreparable harm.