Temporary Injunction Requirements

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

• Soud v. Kendale, Inc.
  788 So. 2d 1051· Fla. 1st DCA· 2001-04-26 ·cited 12×
  The Florida First District Court of Appeal reversed a temporary injunction granted ex parte against the Jacksonville City Council, holding that the trial court failed to comply with Rule 1.610(a) of the Florida Rules of Civil Procedure, which requires certification of notice effo
• Cutler Creek Vill. Townhouse Ass'n, Inc. v. Cutler Creek Vill. Condo. Ass'n, Inc.
  584 So. 2d 103· Fla. 3d DCA· 1991-07-30 ·cited 12×
• Manatee Cnty. v. 1187 Upper James OF Fla., LLC
  104 So. 3d 1118· Fla. 2d DCA· 2012-11-16 ·cited 11×
  Manatee County appealed the denial of its motion for a temporary injunction requiring a restaurant to comply with entertainment restrictions in a county ordinance. The Second District reversed, holding that the County established a likelihood of success on the merits and that the
• Cosmic Corp. v. Miami-Dade Cnty.
  706 So. 2d 347· Fla. 3d DCA· 1998-01-21 ·cited 11×
  Cosmic Corp. and Ian Davis appealed a temporary injunction issued by the trial court that would have forced their business (Coco's Lounge) to cease operations. The Third District Court of Appeal reversed, holding that the municipalities failed to meet the required burden for obta
• Duryea v. Slater
  677 So. 2d 79· Fla. 2d DCA· 1996-07-19 ·cited 11×
  Dan Duryea appeals a temporary injunction that removed a hold he placed on a law firm's checking account and prevented his access to the account. The court reverses, finding the trial court failed to adequately prove the four required criteria for granting an extraordinary tempor
• City OF Miami v. Coll
  546 So. 2d 775· Fla. 3d DCA· 1989-07-18 ·cited 11×
  Sandra Coll, a City of Miami employee, was discharged after reporting alleged malfeasance by city officials. The trial court issued a temporary injunction reinstating her pending resolution of her whistleblower claim. The appellate court reversed because the trial court failed to
• Mid-Florida AT Eustis v. Griffin
  521 So. 2d 357· Fla. 5th DCA· 1988-03-10 ·cited 11×
  Mid-Florida appeals from a temporary injunction requiring it to remove a fence and dirt barrier on its airport property and maintain aircraft access to Griffin's leased properties. The appellate court vacates the injunction, finding that Griffin failed to establish a clear legal
• Hamilton v. Hamilton
  142 So. 3d 969· Fla. 4th DCA· 2014-07-23 ·cited 10×
  A stepson appeals the denial of his motion to dismiss for lack of personal jurisdiction and an order granting a temporary injunction in a dispute with his stepmother over a stock purchase agreement. The court held that while the parties' agreement included a Florida choice-of-law
• Ga. Banking Co. v. GMC Lending & Mortg. Servs. Corp
  923 So. 2d 1224· Fla. 3d DCA· 2006-03-22 ·cited 10×
  Georgia Banking Company appeals the dissolution of an ex parte temporary injunction that froze bank accounts held by GMC Lending & Mortgage Services Corp. The court reversed, holding that the Bank demonstrated a likelihood of irreparable harm sufficient to support injunctive reli
• City OF Tampa v. McAFEE
  896 So. 2d 943· Fla. 2d DCA· 2005-03-09 ·cited 10×
  The City of Tampa appeals orders granting class certification and a temporary injunction against enforcement of a motor vehicle impound ordinance (Section 14-27). The appellate court affirmed the temporary injunction but reversed and remanded the class certification order, findin
• Mercado Oriental, Inc. v. Maynor Marin
  725 So. 2d 468· Fla. 3d DCA· 1999-02-17 ·cited 10×
  Mercado Oriental appeals a trial court order freezing $40,000 from company sale proceeds in an attorney's trust account pending resolution of an employee's lawsuit for overtime wages and other damages. The appellate court reverses, holding that the trial court failed to satisfy t
• Harry K. Singletary as Sec'y of the Fla. Dep't of Corr. v. Costello
  665 So. 2d 1099· Fla. 4th DCA· 1996-01-03 ·cited 10×
  A Florida appellate court affirmed a temporary injunction protecting an incarcerated prisoner's constitutional right to refuse medical treatment during a self-imposed hunger strike, holding that the Department of Corrections failed to demonstrate compelling state interests suffic
• Med. Facilities Dev., Inc. v. Little ARCH Creek Props., Inc.
  656 So. 2d 1300· Fla. 3d DCA· 1995-03-15 ·cited 10×
  Medical Facilities Development, Inc. filed a lis pendens against property owned by Little Arch Creek Properties, Inc. to preserve its claim in a specific performance action, preventing LACPI from completing a sale to another buyer. The Florida District Court of Appeal affirmed th
• Emp. Benefit Plans, Inc. v. Radice Corporate Ctr. I, Inc.
  593 So. 2d 1125· Fla. 4th DCA· 1992-02-05 ·cited 10×
  Employee Benefit Plans, Inc. (EBP) appealed the denial of its motion to dissolve a temporary injunction issued by Radice Corporate Center I, Inc., the owner of an office building where EBP administered health benefit plans. The Fourth District Court of Appeal reversed, holding th
• Stading v. Equilease Corp.
  471 So. 2d 1379· Fla. 4th DCA· 1985-07-10 ·cited 10×
  The court held that a temporary injunction was improperly granted because the appellee failed to allege or prove an inadequate remedy at law.
• Allied Universal Corp. v. Given
  223 So. 3d 1040· Fla. 3d DCA· 2017-03-15 ·cited 9×
  Allied Universal Corporation appealed the denial of its motion for a preliminary injunction seeking to enforce a non-compete agreement against former employee Jeffrey Given. The appellate court reversed, holding that Given failed to rebut the statutory presumption of irreparable
• Silverio Antonio Gonzalez Plaza v. Maria Gabriela Gonzalez Plaza
  78 So. 3d 4· Fla. 3d DCA· 2011-09-07 ·cited 9×
  The appellate court held that the trial court erred in granting a temporary injunction and appointing a receiver without making the required findings of fact regarding irreparable harm and risk of loss.
• Airport Executive Towers v. CIG Realty, Inc.
  716 So. 2d 311· Fla. 3d DCA· 1998-07-29 ·cited 9×
  Airport Executive Towers appeals from a temporary injunction that restrained it from moving net proceeds from the sale of its real property out of Florida. The court reversed, holding that the injunction was an extraordinary remedy that CIG failed to justify because CIG had an ad
• Storer Commc'ns, Inc. v. State
  591 So. 2d 238· Fla. 4th DCA· 1991-07-31 ·cited 9×
  Storer Communications challenged a temporary injunction prohibiting the negative option marketing of a cable channel called ENCORE. The Fourth District Court of Appeal reversed, holding that the Department of Legal Affairs failed to establish a clear legal right to the injunction
• THE Shir LAW Grp., P.A. v. Dario Carnevale
  314 So. 3d 523· Fla. 3d DCA· 2021-02-24 ·cited 8×
  A temporary injunction prohibiting the sale of property must comply with Florida Rule of Civil Procedure 1.610, including requiring a verified or sworn motion, conducting an evidentiary hearing when requested, making specific factual findings supporting each element of the injunc
• Fla. High Sch. Athletic Ass'n, Inc. v. Johnson
  279 So. 3d 794· Fla. 3d DCA· 2019-09-17 ·cited 8×
  The appellate court affirmed the trial court's denial of a motion to transfer venue but reversed and remanded a temporary injunction order. The injunction was reversed because the trial court failed to specify the reasons for its entry, as required by rule.
• Olson v. Olson
  260 So. 3d 367· Fla. 4th DCA· 2018-11-14 ·cited 8×
  A trial court cannot grant a temporary injunction based on an attorney's unsworn statements when a noticed, contested evidentiary hearing is held; sworn testimony or stipulation is required to establish the necessary factual findings.
• Dickerson v. Senior Home Care, Inc.
  181 So. 3d 1228· Fla. 5th DCA· 2015-12-18 ·cited 8×
  Appellants Dickerson and O'Brien challenge a temporary injunction entered against them for allegedly violating non-compete, non-disclosure, and non-solicitation agreements with their former employer, Senior Home Care, Inc. The court reversed because the trial court's injunction o
• Zupnik v. ALL Fla. Paper, Inc.
  997 So. 2d 1234· Fla. 3d DCA· 2008-12-31 ·cited 8×
  Stewart Zupnik and Dade Paper appealed a temporary injunction preventing Zupnik from competing with his former employer, All Florida Paper. The court reversed, holding that restrictive covenants in Zupnik's two-year employment agreement expired at the end of that term despite his
• Magdalena Santos v. Tampa Med. Supply
  857 So. 2d 315· Fla. 2d DCA· 2003-10-10 ·cited 8×
  Former employee Santos appealed a temporary injunction restraining her from competing against her former employer Tampa Medical Supply in violation of a noncompete agreement. The court affirmed the injunction's entry but remanded for proper findings of fact and bond setting, find
• Anich Indus., Inc. v. Raney
  751 So. 2d 767· Fla. 5th DCA· 2000-03-03 ·cited 8×
  Anich Industries appealed the denial of a temporary injunction against former employee Raney, who violated a non-compete agreement by joining a competitor within three months of employment. The court affirmed the denial, holding that Anich failed to demonstrate any protectable le
• Fla. Water Servs. Corp. v. Blue Stone Real Est. Constr.
  747 So. 2d 406· Fla. 5th DCA· 1999-11-05 ·cited 8×
  Florida Water Services Corporation appealed a temporary injunction prohibiting it from terminating water service to properties owned by Blue Stone Real Estate Construction and Avalon, Inc. The appellate court reversed the injunction because the trial court failed to include requi
• Smith Barney Shearson, Inc. v. Berman
  678 So. 2d 376· Fla. 3d DCA· 1996-06-26 ·cited 8×
  Smith Barney Shearson appeals a temporary injunction prohibiting it from proceeding with a New York state court action to stay arbitration. The Florida appellate court reversed the injunction, holding that the party seeking to compel arbitration lacked a viable cause of action be
• Morris v. Ricks
  573 So. 2d 1029· Fla. 2d DCA· 1991-02-01 ·cited 8×
  Morris, a creditor who held stock as security for a defaulted loan, sought to sell the stock after the debtor's death. The estate objected and obtained a temporary restraining order, claiming the stock was unique and irreplaceable. The appellate court reversed, holding that the e
• The Fla. High Sch. Activities Ass'n, Inc. v. Nicholian Adderly
  574 So. 2d 158· Fla. 4th DCA· 1990-11-16 ·cited 8×
  The trial court erred in issuing a temporary injunction because the party seeking it failed to demonstrate a clear legal right, specifically a substantial likelihood of success on the merits.
• Gruder v. Gruder
  433 So. 2d 23· Fla. 4th DCA· 1983-06-15 ·cited 8×
• Murray Anderson v. Dunlop
  485 F.2d 666· Temp. Emer. Ct. App.· 1973-10-10 ·cited 8×
  The court held that plaintiffs failed to exhaust available administrative remedies, which is a prerequisite for judicial relief under the Economic Stabilization Act.
• Vill. OF N. Palm Beach v. S & H Foster's, Inc.
  80 So. 3d 433· Fla. 4th DCA· 2012-02-22 ·cited 7×
  Foster's Pub, a leaseholder operating an after-hours bar, challenged the Village of North Palm Beach's enforcement of its liquor sales ordinance (prohibiting alcohol sales between 2:00 a.m. and 7:00 a.m.) after the property was voluntarily annexed into the Village. The trial cour
• Indus. Waste Servs., Inc. v. Faircloth Sanitation, Inc.
  643 So. 2d 688· Fla. 3d DCA· 1994-10-12 ·cited 7×
  Florida appellate court reversed a temporary injunction against Industrial Waste Services for failure to specify reasons as required by procedural rule.
• Bemas Corp. v. City OF Jacksonville
  298 So. 2d 467· Fla. 1st DCA· 1974-07-16 ·cited 7×
  Bemas Corporation appealed a temporary injunction prohibiting operation of a borrow pit on its Jacksonville property under the newly enacted zoning ordinance. The court reversed, finding that the borrow pit operation was commenced and actively operating before the October 1, 1972
• Giller v. Giller
  319 So. 3d 690· Fla. 3d DCA· 2022-02-09 ·cited 6×
  Brian Giller appeals an omnibus order in trust litigation adjudicating motions filed by his adult children, Jason and Jamie Giller. The Third District Court of Appeal dismissed portions of the appeal as nonfinal and nonappealable, dismissed as moot the restraining order against G
• People's Tr. Ins. Co. v. Acosta
  259 So. 3d 179· Fla. 3d DCA· 2018-10-10 ·cited 6×
  A temporary injunction compelling insureds to execute a work authorization and submit to appraisal under an election-to-repair clause is not warranted because the insurer has adequate remedies at law, including abatement of the insureds' lawsuit, declaratory relief, and money dam
• Edwards v. Harris
  964 So. 2d 196· Fla. 1st DCA· 2007-08-23 ·cited 6×
  Edwards challenges a temporary injunction enforcing a covenant not to compete against his former employer Harris. The appellate court reversed, finding the trial court failed to make adequate factual findings and the injunction was broader than necessary to protect Harris's legit
• Walsh v. PAW Trucking, Inc.
  942 So. 2d 446· Fla. 2d DCA· 2006-11-22 ·cited 6×
  A trial court must make specific factual findings to support the entry of a temporary injunction enforcing a covenant not to compete.
• City OF Dania Beach v. Konschnik
  763 So. 2d 555· Fla. 4th DCA· 2000-08-02 ·cited 6×
  The City of Dania Beach appealed a temporary injunction order requiring it to reopen an alleyway behind the Konschniks' property. The trial court granted the injunction despite finding no irreparable harm, reasoning that the alleyway's reopening was necessary for the appellees' b
• Conant v. Armada KEY W. Ltd. P'ship
  610 So. 2d 640· Fla. 3d DCA· 1992-12-15 ·cited 6×
  In this partnership dispute, the trial court issued a temporary injunction against Conant, a general partner in Armada Key West Limited Partnership, without requiring the posting of a bond as required by Florida Rules of Civil Procedure. The appellate court conditionally reversed
• City OF Jacksonville v. C.J. Ventures, Inc.
  558 So. 2d 133· Fla. 1st DCA· 1990-03-12 ·cited 6×
  The City of Jacksonville and Sheriff McMillan appealed a temporary injunction that blocked enforcement of a municipal ordinance regulating Sunday sales of alcoholic beverages. The court affirmed the injunction, finding the ordinance's enforcement provision violated due process by
• Stiller v. Mariner CAY Prop. Owners Ass'n, Inc.
  513 So. 2d 798· Fla. 4th DCA· 1987-10-14 ·cited 6×
• Byrne v. REC Ctrs., Inc.
  309 So. 2d 177· Fla. 4th DCA· 1975-03-14 ·cited 6×
  The court reversed a temporary injunction because the trial court failed to require the plaintiff to post bond as mandated by Rule 1.610(b) RCP, but allowed reinstatement upon proper bonding.
• Pisano v. Mayo Clinic Fla.
  333 So. 3d 782· Fla. 1st DCA· 2022-01-27 ·cited 5×
  This case involves a family's attempt to compel a hospital to administer a specific, unapproved pharmaceutical treatment to a COVID-19 patient. The appellate court affirmed the trial court's denial of the petition, holding that Florida Rule of Probate Procedure 5.900 provides a p
• Fong v. Courvoisier Courts Condo.
  81 So. 3d 562· Fla. 3d DCA· 2012-02-22 ·cited 5×
  The Fongs appealed the denial of their motion to dissolve a temporary injunction issued by the trial court regarding their property. Although the appellate court agreed the trial court abused its discretion in granting the injunction, it affirmed the denial of the motion to disso
• The Reserve AT Wedgefield Homeowners' v. Dixon
  948 So. 2d 65· Fla. 5th DCA· 2007-01-12 ·cited 5×
  A homeowners' association appealed a trial court's order granting a homeowner emergency injunctive relief to prevent foreclosure proceedings on her property for alleged improper assessment of dues on multiple lots. The Fifth District Court of Appeal reversed, holding that the inj
• Swensen v. Lofton
  457 So. 2d 1069· Fla. 2d DCA· 1984-07-06 ·cited 5×
  This is an interlocutory appeal from an order granting a temporary injunction. The appellate court reversed the injunction order, holding that the appellees' application failed to allege sufficient facts to establish irreparable harm as required for equitable relief, and that the
• Housman v. Housman
  370 So. 3d 1006· Fla. 5th DCA· 2023-09-15 ·cited 4×
  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
• Shake v. YES WE ARE MAD Grp., Inc.
  315 So. 3d 1223· Fla. 4th DCA· 2021-04-21 ·cited 4×
  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