Temporary Injunction Requirements

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

• Cadicamo v. Alite
  4 So. 3d 699· Fla. 2d DCA· 2009-02-18 ·cited 4×
  The appellate court held that the temporary injunction was defective because it failed to require a bond and make specific findings regarding irreparable harm, adequate remedy at law, likelihood of success on the merits, and public policy considerations.
• Beatty v. Aher
  995 So. 2d 595· Fla. 5th DCA· 2008-11-14 ·cited 4×
  The Beattys appealed a temporary injunction preventing them from blocking their neighbor Aher's driveway access. The court reversed because the injunction violated Florida Rule of Civil Procedure 1.610 by failing to include required findings, date/time of entry, reasoning for ex
• Alliant Cap., Ltd. v. Singleton
  835 So. 2d 365· Fla. 5th DCA· 2003-01-24 ·cited 4×
  Alliant Capital challenged a temporary injunction that kept Singleton and his entities in management control of two senior housing projects. The Fifth District Court of Appeal reversed and remanded because the trial court failed to comply with procedural requirements for issuing
• Fla. Power Corp. v. City OF Winter Park
  827 So. 2d 322· Fla. 5th DCA· 2002-09-19 ·cited 4×
  Florida Power Corporation appealed a trial court's grant of an injunction requiring it to pay a previously-negotiated 6% franchise fee to the City of Winter Park after the franchise agreement expired. The court affirmed, holding that a franchisee remaining in possession after the
• Concetta Russo v. Romano
  591 So. 2d 1018· Fla. 3d DCA· 1991-12-24 ·cited 4×
  Florida appellate court affirmed denial of venue transfer to Broward County in child custody action but reversed temporary injunction prohibiting mother's visitation for failure to state reasons as required by civil procedure rules.
• Williamson v. Geneva, Inc.
  550 So. 2d 8· Fla. 2d DCA· 1989-06-23 ·cited 4×
  Appellants Williamson and Superior Swim Systems challenged trial court orders that retroactively reinstated an injunction preventing Williamson from using a customer list obtained during her employment at Geneva, Inc. The court held that nunc pro tunc orders were improper because
• Nat'l Adoption Counseling Serv., Inc. v. State
  480 So. 2d 250· Fla. 4th DCA· 1985-12-31 ·cited 4×
  The Florida Department of Health and Rehabilitative Services (HRS) sought to enjoin National Adoption Counseling Service and its operator from engaging in unlicensed adoption referral activities. The Fourth District Court of Appeal reversed the trial court's temporary injunction,
• Deanza Corp. v. Vonoflorio
  393 So. 2d 1146· Fla. 4th DCA· 1981-02-04 ·cited 4×
  Deanza Corporation appealed from a temporary injunction granted by the trial court restraining it from interfering with the Vonoflorios' leasehold interest. The Fourth District reversed, holding that Florida Rule of Civil Procedure 1.610(a) requires that a written complaint be fi
• River Landings Phase One Homeowners Ass'n, Inc. v. River Carlton Taylor, Inc.
  Fla. 4th DCA· 2026-03-18 ·cited 3×
  The Fourth District Court of Appeal reversed a temporary injunction order issued by the trial court, finding that the written order was facially insufficient under Florida Rule of Civil Procedure 1.610(c) and that the trial court set the injunction bond without allowing the parti
• City of Miami v. VQ Everglades Rental, LLC
  Fla. 3d DCA· 2023-03-29 ·cited 3×
  A temporary injunction must be supported by express factual findings addressing all four required elements, and an injunction that merely recites legal conclusions is insufficient.
• Graham v. Battey
  347 So. 3d 515· Fla. 5th DCA· 2022-09-16 ·cited 3×
  A temporary injunction must be affirmed only to the extent that each of the four required elements—irreparable harm, inadequacy of legal remedy, substantial likelihood of success on the merits, and public interest—is supported by specific factual findings; portions lacking these
• Nazia, Inc. v. Amscot Corp.
  275 So. 3d 702· Fla. 5th DCA· 2019-05-31 ·cited 3×
  A temporary injunction was improperly granted where the licensee possessed only a revocable license to use parking spaces, was unlikely to succeed on the merits, and the injunction would alter rather than preserve the status quo by requiring restoration to a pre-construction cond
• Tesoro Prop. Owner's Ass'n, Inc. v. Teroso Commons, LLC
  237 So. 3d 403· Fla. 4th DCA· 2018-02-14 ·cited 3×
  The Fourth District Court of Appeal reversed a temporary injunction because the trial court failed to make sufficient factual findings required by Florida Rule of Civil Procedure 1.610(c) to support the four mandatory elements for injunctive relief.
• Britta Swanson Gear v. Gear
  205 So. 3d 835· Fla. 2d DCA· 2016-11-18 ·cited 3×
  The court held that a trial court cannot sua sponte grant injunctive relief without proper notice and an opportunity to be heard, as doing so violates due process.
• The City OF Miami Beach v. Swedroe
  788 So. 2d 404· Fla. 3d DCA· 2001-07-05 ·cited 3×
  The City of Miami Beach appealed a temporary injunction preventing the City from removing unauthorized encroachments (fencing, landscaping, lighting, and signage) that neighboring property owners had installed on public right-of-way property. The court reversed the injunction, ho
• The Glades Owners Ass'n, Inc. v. Harry R. Prentiss and wife
  768 So. 2d 1245· Fla. 1st DCA· 2000-10-12 ·cited 3×
  The court affirmed the denial of a temporary injunction sought by a homeowners association to prevent homeowners from using lap siding, finding the association failed to demonstrate irreparable harm or lack of adequate legal remedy.
• Platinum Coast Fin. Corp. & Michael J. Miceli v. Farino's, Inc.
  662 So. 2d 724· Fla. 2d DCA· 1995-10-18 ·cited 3×
  The court held that a temporary injunction was improperly issued without sufficient factual findings or evidence presented by the petitioner.
• Marlette v. Carullo
  351 So. 3d 1193· Fla. 2d DCA· 2022-11-30 ·cited 2×
  The appellate court reversed a trial court's denial of a motion to dissolve a temporary injunction. The court found the injunction was improperly granted because the moving party failed to establish the necessary elements and the order did not comply with procedural rules regardi
• Holland M. Ware Charitable Found. v. Tamez Pine Straw LLC
  343 So. 3d 1285· Fla. 1st DCA· 2022-08-10 ·cited 2×
  The appellate court reversed a trial court's order granting a temporary injunction. The court found that the party seeking the injunction failed to present sufficient competent, substantial evidence to meet the required legal elements for such relief, particularly regarding irrep
• Larry and Ellen Vickery v. City of Pensacola
  342 So. 3d 249· Fla. 1st DCA· 2022-02-16 ·cited 2×
  The appellate court reversed a lower court's denial of a motion to dissolve a temporary injunction. The court held that a state statute, which allows homeowners to remove dangerous trees with documentation from a certified arborist, preempts local ordinances requiring permits for
• Green v. Alachua Cnty.
  323 So. 3d 246· Fla. 1st DCA· 2021-06-11 ·cited 2×
  The appellate court reversed a lower court's denial of a temporary injunction against Alachua County's mask mandate. The court held that the mandate implicated the fundamental right to privacy under the Florida Constitution and therefore required strict scrutiny, which the lower
• Phelan v. Trifactor Solutions, LLC
  312 So. 3d 1036· Fla. 2d DCA· 2021-03-05 ·cited 2×
  The appellate court reversed a temporary injunction because the trial court failed to make specific factual findings to support the injunction and did not hold an evidentiary hearing to determine the bond amount. The court emphasized the strict procedural requirements for tempora
• Sooksiri Rittirucksa v. Barrette
  254 So. 3d 1194· Fla. 5th DCA· 2018-10-12 ·cited 2×
  Florida appellate court reversed a temporary injunction granted without an evidentiary hearing, holding that trial courts must conduct an evidentiary hearing and make factual findings before granting injunctive relief.
• Rittirucksa v. Barrette
  Fla. 5th DCA· 2018-10-08 ·cited 2×
  An unsworn motion for injunctive relief requires an evidentiary hearing before the trial court may grant a temporary injunction, and the trial court must enter factual findings to permit meaningful appellate review.
• Dowdy v. Dowdy
  182 So. 3d 807· Fla. 2d DCA· 2016-01-06 ·cited 2×
  Betty Dowdy appealed a temporary injunction requiring her to deposit $100,000 in court proceeds from a trust property sale. The court reversed, holding that Michael Dowdy, her stepson and alleged co-trustee, had no likelihood of success on the merits because he did not become a s
• Walton Cnty. v. Sandestin Invs., LLC
  148 So. 3d 172· Fla. 1st DCA· 2014-10-14 ·cited 2×
  The court held that a temporary injunction order must specify the reasons for its entry and be supported by clear, definite, and unequivocally sufficient factual findings for each of the four necessary criteria.
• Weltman v. Riggs
  141 So. 3d 729· Fla. 1st DCA· 2014-07-07 ·cited 2×
  An order granting a temporary injunction must contain clear, definite factual findings supporting each of the four necessary elements, and failure to do so requires reversal and remand.
• Richland Towers, Inc. v. Denton
  139 So. 3d 318· Fla. 2d DCA· 2014-03-12 ·cited 2×
  Richland Towers appealed the denial of a temporary injunction to enforce restrictive covenants and confidentiality provisions in employment agreements with former employees Denton and West. The court reversed, holding that the restrictive covenants were enforceable independent co
• Miami-Dade Cnty. v. Concrete Structures, Inc.
  114 So. 3d 333· Fla. 3d DCA· 2013-05-15 ·cited 2×
  Miami-Dade County appeals a temporary injunction that prohibited it from enforcing notices of violation and accessing Concrete Structures, Inc.'s property for environmental inspections. The court vacated the injunction, holding that the company failed to meet any of the four requ
• City OF Miami v. Fraternal Order OF Police
  98 So. 3d 1236· Fla. 3d DCA· 2012-10-03 ·cited 2×
  The court held that the trial court erred in granting a temporary injunction because the F.O.P. failed to establish the necessary elements, particularly irreparable harm and the unavailability of an adequate remedy at law.
• Hasley v. Harrell
  971 So. 2d 149· Fla. 2d DCA· 2007-12-07 ·cited 2×
  Hasley appeals a partial final judgment enjoining him from competing with his former employers based on covenants not to compete in stockholders' and employment agreements. The court affirmed that the employers were entitled to an injunction based on legitimate business interests
• STS Telecom, LLC v. Jacobsen
  901 So. 2d 980· Fla. 4th DCA· 2005-05-11 ·cited 2×
  The Fourth District affirmed the trial court's denial of a temporary injunction to enforce a non-compete covenant because the appellant failed to establish an adequate remedy at law, an essential prerequisite for injunctive relief.
• Ferris v. Ferris
  895 So. 2d 540· Fla. 5th DCA· 2005-03-18 ·cited 2×
  The court held that a temporary injunction must include specific findings supporting the four required criteria and the reasons for its entry.
• Shands AT Lake Shore, Inc. v. Frank A. Ferrero, M.D.
  898 So. 2d 1037· Fla. 1st DCA· 2005-03-11 ·cited 2×
  Shands at Lake Shore, Inc. appealed a trial court's grant of an emergency temporary injunction in favor of Dr. Frank Ferrero, who sought to enjoin the hospital from interfering with his medical staff privileges. The appellate court reversed, holding that Dr. Ferrero failed to dem
• City OF Gainesville v. Watson Constr. Co., Inc.
  815 So. 2d 785· Fla. 1st DCA· 2002-05-13 ·cited 2×
  The City of Gainesville appealed a trial court's grant of temporary injunctive relief against enforcement of a development permit moratorium. The appellate court affirmed the injunction on the merits but remanded for the trial court to address the bond requirement mandated by rul
• Quick Cash OF Clearwater, Inc. v. State
  605 So. 2d 898· Fla. 2d DCA· 1992-08-28 ·cited 2×
  The Division of Consumer Services sought injunctions against Quick Cash pawnshops for allegedly illegal auto loan/lease transactions with effective interest rates exceeding 500%. The court held that the Division has authority under Florida Statutes § 570.544(11) to seek injunctiv
• Leesburg Humane Soc'y, Inc. v. Kauffman
  546 So. 2d 1161· Fla. 5th DCA· 1989-07-27 ·cited 2×
  The Leesburg Humane Society appealed a temporary injunction that halted all improvements to its property while setback zoning variances were litigated. The court affirmed the injunction's entry as meeting legal criteria but found it overbroad, requiring modification to permit law
• Greenwood v. City OF Delray Beach
  543 So. 2d 451· Fla. 4th DCA· 1989-05-24 ·cited 2×
  The court held that the trial court did not abuse its discretion in denying a temporary injunction because the appellant failed to demonstrate irreparable harm, lack of an adequate remedy at law, or a clear legal right to relief, particularly given the significant delay in challe
• Tri-Plaza Corp. & Don T. Davis v. Field
  382 So. 2d 330· Fla. 4th DCA· 1980-01-23 ·cited 2×
  Tri-Plaza Corporation and Don T. Davis appealed a trial court order granting a temporary mandatory injunction that appointed a trustee to manage promissory note payments in a real estate dispute. The Fourth District Court of Appeal reversed, finding the trial court abused its dis
• Lanigan v. Lanigan
  353 So. 3d 1188· Fla. 4th DCA· 2023-01-18 ·cited 1×
• Gulf Coast Commercial, LLC. v. KOS Corp.
  351 So. 3d 1212· Fla. 2d DCA· 2022-11-30 ·cited 1×
  The appellate court reversed a trial court's order granting a temporary injunction. The court found that the injunction improperly altered the status quo and granted the ultimate relief sought by the plaintiffs before a full trial on the merits.
• Castillo Grand Residences Condo. Assoc. Inc. v. Stern
  304 So. 3d 23· Fla. 4th DCA· 2020-10-21 ·cited 1×
  The appellate court reversed a temporary injunction, finding it legally deficient because it failed to specify the factual reasons for its issuance, describe the required actions in detail, and mandate a bond. The court remanded the case for further proceedings to ensure complian
• City OF Miami v. Santos
  278 So. 3d 822· Fla. 3d DCA· 2019-08-21 ·cited 1×
  The City of Miami appeals a trial court's order that stayed an internal administrative hearing and allowed an employee to bring multiple attorneys, contrary to city procedures. The appellate court reversed, finding the order constituted an improper temporary injunction issued wit
• Fla. High Sch. Athletic Ass'n v. Melbourne Cent. Catholic High Sch.
  867 So. 2d 1281· Fla. 5th DCA· 2004-03-26 ·cited 1×
  The Florida High School Athletic Association (FHSAA) appealed a temporary injunction that restored a student athlete's eligibility after he was declared ineligible due to alleged recruiting violations. The appellate court reversed, holding that the student failed to exhaust admin
• Resil v. Resil
  755 So. 2d 186· Fla. 3d DCA· 2000-04-12 ·cited 1×
• Bd. of Trs. of the Internal Improvement Tr. Fund v. River Carlton Taylor, Inc.
  Fla. 4th DCA· 2026-03-18
  The Fourth District Court of Appeal reversed a trial court's temporary injunction order regarding proposed changes to real property, finding the written order facially insufficient under Florida Rule of Civil Procedure 1.610(c) and holding that the trial court failed to provide p
• Nat'l Collegiate Athletic Ass'n v. Doctor Bradley
  Fla. 5th DCA· 2026-03-06
  The NCAA appeals a trial court's issuance of a temporary injunction requiring it to grant Doctor Bradley eligibility to compete in college basketball for the 2025-2026 season, waiving the NCAA's Five-Year Rule. The appellate court quashes the injunction, finding the trial court's
• Caron v. Caron
  Fla. 4th DCA· 2025-11-19
  An ex parte order prohibiting removal or disposal of marital home contents constitutes a temporary injunction that must comply with statutory requirements, including sufficient factual findings, a bond requirement, and an evidentiary hearing on motions to dissolve or modify.
• Andraus v. RP I-Drive, LLC
  Fla. 3d DCA· 2025-07-02
  A trial court does not abuse its discretion in denying a motion for a receiver and temporary injunction when the plaintiff fails to demonstrate a reasonable probability of irreparable injury rather than merely speculative harm.
• FR Aleman & Assocs., Inc. v. Amazia Kiboko
  Fla. 3d DCA· 2025-06-18
  When parties modify a contract through a subsequent agreement on the same subject matter, the later agreement controls to the extent of any repugnancy with the earlier agreement.