Temporary Injunction

1,006 Florida cases classified under this topic, plus 229 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• E-Racer Tech, LLC v. Off. OF the Attorney Gen. Dep't OF Legal Affairs
  198 So. 3d 1107· Fla. 4th DCA· 2016-08-24 ·cited 6×·via Temporary Injunctive Relief
  E-Racer Tech and its owner appealed a trial court order granting the Florida Attorney General's motion for temporary injunctive relief and asset freeze under the Florida Deceptive and Unfair Trade Practices Act. The appellate court affirmed, finding the trial court did not abuse
• State v. Gainesville Woman Care LLC
  187 So. 3d 279· Fla. 1st DCA· 2016-02-26 ·cited 6×
  Florida appealed a trial court's temporary injunction blocking enforcement of a 2015 law imposing a 24-hour waiting period for abortion procedures. The appellate court reversed, finding the trial court's injunction order deficient in factual findings, evidentiary support, and leg
• TWO Islands Dev. Corp. v. Clarke
  157 So. 3d 1081· Fla. 3d DCA· 2015-02-25 ·cited 6×
  Two Islands Development Corporation and related entities appealed from a trial court's temporary injunction prohibiting them from constructing a paver sidewalk on residential property lots. The appellate court vacated and remanded the injunction, holding that the owner and develo
• Minty v. Meister Fin. Grp., Inc.
  132 So. 3d 373· Fla. 4th DCA· 2014-02-12 ·cited 6×
  On remand from a prior appeal, the Fourth District reversed the circuit court's order disbursing funds held in the court registry to the lender, finding that the modification of the temporary injunction effectively granted permanent relief without a trial on the borrower's inextr
• Chastain v. Chastain
  119 So. 3d 547· Fla. 1st DCA· 2013-08-23 ·cited 6×·via Temporary Injunctive Relief
  In this partnership dissolution dispute, the Florida First District Court of Appeal reversed attorney's fee awards to both parties, finding that the defendants' settlement proposal was invalid because it conditioned acceptance on joint action by multiple plaintiffs, and that the
• Avalon Legal Info. Servs., Inc. v. Keating
  110 So. 3d 75· Fla. 5th DCA· 2013-03-08 ·cited 6×
  Avalon Legal Information Services and Judy Schneider appealed a temporary injunction enjoining them from violating a non-compete/non-solicitation covenant in favor of Gerard Keating. The court affirmed the injunction and bond amount but remanded for modification of the injunction
• Hunter v. Hunter
  36 So. 3d 148· Fla. 2d DCA· 2010-05-26 ·cited 6×
  In a dissolution of marriage case, the trial court granted the wife's emergency ex parte motion for exclusive use and possession of the marital home and ordered the husband to return personal property within 24 hours. The appellate court reversed, holding that the motion and orde
• Sacred Fam. Invs., Inc. v. Doral Supermarket, Inc.
  20 So. 3d 412· Fla. 3d DCA· 2009-10-14 ·cited 6×
  Sacred Family Investments appeals from an order temporarily enjoining construction of a bank building on leased parking spaces and ordering restoration of the parking lot. The court affirmed the injunction against further construction but reversed the order requiring restoration
• SEA TOW Servs. Int'l, Inc. v. Duke Pontin
  973 So. 2d 531· Fla. 3d DCA· 2007-12-26 ·cited 6×
  The court held that a change in circumstances, specifically the licensee's failure to cure violations after notice, required the trial court to dissolve the temporary injunction.
• 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×·via Temporary Injunction Requirements
  A trial court must make specific factual findings to support the entry of a temporary injunction enforcing a covenant not to compete.
• Cooper v. Thomas Craig & Co., LLP
  906 So. 2d 378· Fla. 2d DCA· 2005-07-22 ·cited 6×
  The court held that the trial court did not err in denying the motion to modify or dissolve the temporary injunction, affirming the order.
• N. Tr. Invs., N.A. v. Domino
  896 So. 2d 880· Fla. 4th DCA· 2005-03-02 ·cited 6×·via Temporary Injunctive Relief
  The court held that a trial court did not abuse its discretion in denying a temporary injunction to enforce a non-compete agreement when the employer had materially breached the employment contract first.
• Willis v. Willis
  818 So. 2d 530· Fla. 2d DCA· 2002-01-16 ·cited 6×·via Temporary Injunction Without Notice
  Melody Willis appeals a trial court order granting temporary custody of the parties' minor child to the father, Michael Willis Jr. The appellate court reverses, finding that the trial court's custody findings were not supported by the evidence and that an injunction restricting r
• City OF Dania Beach v. Konschnik
  763 So. 2d 555· Fla. 4th DCA· 2000-08-02 ·cited 6×·via Temporary Injunction Requirements
  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
• Anil Bansal v. Lata Bansal
  748 So. 2d 335· Fla. 5th DCA· 1999-12-03 ·cited 6×
  Anil Bansal appeals from a trial court order granting his wife Lata a temporary injunction restraining him from transferring marital assets and a custody order awarding her sole temporary custody of their two minor children and enjoining him from pursuing a dissolution suit in In
• Aero Kool Corp. v. Oosthuizen
  736 So. 2d 25· Fla. 3d DCA· 1999-05-12 ·cited 6×
  The court held that specialized training provided by an employer constitutes a legitimate business interest that can support a covenant not to compete under Florida law.
• Browning-Ferris Indus. OF Fla., Inc. v. Manzella
  694 So. 2d 110· Fla. 4th DCA· 1997-05-28 ·cited 6×
  The federal settlement agreement did not affect the noncompete agreement executed as consideration for the sale of assets, and thus the injunction should not have been dissolved.
• Americas Homes, Inc. v. Esler
  668 So. 2d 239· Fla. 5th DCA· 1996-02-09 ·cited 6×
  Americas Homes appealed the denial of a temporary injunction to remove a sign posted by homeowners (the Eslers) on their property warning of local flooding. The court affirmed, holding that the sign constituted constitutionally protected free speech under the First Amendment and
• U.S. 1 Off. Corp. v. Falls Home Furnishings, Inc.
  655 So. 2d 209· Fla. 3d DCA· 1995-05-24 ·cited 6×·via Application For Temporary Injunction
  U.S. 1 Office Corp. appeals from a trial court order granting Falls Home Furnishings, Inc. a temporary injunction preventing U.S. 1 from interfering with Falls' advertising sign on U.S. 1's building. The appellate court affirmed, finding the trial court did not abuse its discreti
• Doss v. Doss
  643 So. 2d 1170· Fla. 2d DCA· 1994-10-12 ·cited 6×
  A former wife appealed a temporary injunction requiring her to return her children to Florida after she moved them to Minnesota in violation of a dissolution decree. The court reversed because the motion for temporary injunction and the resulting order violated Florida procedural
• Petriccione v. Ocean Landings Condo. Ass'n, Inc.
  615 So. 2d 215· Fla. 5th DCA· 1993-03-05 ·cited 6×
  Petriccione appeals the trial court's denial of his motion to dissolve a temporary injunction issued by Ocean Landings Condominium Association, which had hired him to collect past due maintenance fees. The appellate court reversed, finding no basis to continue the injunction beca
• Conant v. Armada KEY W. Ltd. P'ship
  610 So. 2d 640· Fla. 3d DCA· 1992-12-15 ·cited 6×·via Temporary Injunction Requirements
  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
• State of Fla. Dep't of Env't Reg. v. Marieta Kaszyk
  590 So. 2d 1010· Fla. 3d DCA· 1991-12-10 ·cited 6×
  The Florida Department of Environmental Regulation appealed the denial of a temporary injunction against a trailer park owner whose sewage treatment plants violated state effluent standards. The appellate court reversed, holding that DER established all elements for a temporary i
• Reiter v. Mason
  563 So. 2d 749· Fla. 3d DCA· 1990-06-12 ·cited 6×
  The court held that the trial court abused its discretion in denying the motion to dissolve the injunction and unseal the file, as the injunctions were overly broad and the file should be open to the public.
• Shearson Lehman Hutton, Inc. v. Meyer
  561 So. 2d 1331· Fla. 5th DCA· 1990-05-31 ·cited 6×
  Shearson Lehman Hutton appealed two interlocutory orders denying dissolution and modification of a temporary injunction that prevented the company from terminating or disciplining three female financial consultants who alleged gender and age discrimination. The court held that in
• City OF Jacksonville v. C.J. Ventures, Inc.
  558 So. 2d 133· Fla. 1st DCA· 1990-03-12 ·cited 6×·via Temporary Injunctive Relief
  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
• Holiday Pines Prop. Owners Ass'n, Inc. v. Wetherington
  557 So. 2d 243· Fla. 4th DCA· 1990-03-07 ·cited 6×
  An order determining class representation and certifying a class is not reviewable, but a temporary injunction is reversed because it disturbs the status quo and lacks findings of irreparable harm and clear legal right.
• Stiller v. Mariner CAY Prop. Owners Ass'n, Inc.
  513 So. 2d 798· Fla. 4th DCA· 1987-10-14 ·cited 6×
• Nat'l Labor Relations Bd. v. Dane Cnty. Dairy
  795 F.2d 1313· 7th Cir.· 1986-07-09 ·cited 6×
  The court held that the respondents failed to show good cause for their untimely answer and that the Board's finding of alter ego status was supported by substantial evidence.
• Satellite Dev. Corp. v. Tortoise Island Homeowner's Ass'n, Inc.
  487 So. 2d 1157· Fla. 5th DCA· 1986-04-24 ·cited 6×
  The court reversed a temporary injunction against a developer's use of a private road, holding that the developer's platted easement for ingress and egress was valid and the homeowner's association failed to establish the prerequisites for injunctive relief.
• U.S. Floral Corp. v. Salazar
  475 So. 2d 1305· Fla. 3d DCA· 1985-09-24 ·cited 6×
• Prohosky v. The Prudential Ins. Co. OF Am.
  767 F.2d 387· 7th Cir.· 1985-07-22 ·cited 6×
  The court held that the district court abused its discretion by granting a permanent injunction against spraying water through endguns, as there was no evidence that this action caused harm to the plaintiffs under Indiana law.
• Ponke v. A.A. Boca, Inc.
  429 So. 2d 415· Fla. 4th DCA· 1983-03-30 ·cited 6×
  Two appellants challenged contempt orders for violating a temporary injunction in a non-competition dispute involving a taxi business. The court reversed the contempt finding as to Ponke due to lack of jurisdiction and service of process, but affirmed the contempt finding as to P
• Health Clubs OF Jacksonville, Inc. v. State of Fla. ex rel. Ed Austin
  381 So. 2d 1174· Fla. 1st DCA· 1980-03-18 ·cited 6×
  A health club may be permanently enjoined as a public nuisance in its entirety where the trial court finds that it cannot be operated legitimately without permitting acts of lewdness, and an injunction is not overly broad when grounded on a factual finding that illegal conduct is
• LA Gran Familia, Inc. v. Cuba Pharmacy, Inc.
  349 So. 2d 769· Fla. 3d DCA· 1977-08-30 ·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.
• Al Babuschkin v. Royal Standard Corp.
  305 So. 2d 253· Fla. 3d DCA· 1974-12-31 ·cited 6×·via Temporary Injunction Without Notice
  Royal Standard Corporation obtained a temporary injunction without notice restraining sellers from using performance bonds related to a land sale contract dispute. The Third District Court of Appeal affirmed the denial of the sellers' motion to dissolve the injunction but remande
• Carpenters Dist. Council OF Jacksonville & Vicinity v. The Honorable Roger J. Waybright
  282 So. 2d 193· Fla. 1st DCA· 1973-09-13 ·cited 6×
  The court amended its prior order on mandate to grant a writ of prohibition, restraining the lower court from further jurisdiction except to dissolve the injunction and consider damages.
• Morry Wingold v. Horowitz
  274 So. 2d 591· Fla. 3d DCA· 1973-03-06 ·cited 6×
  In this contract dispute involving a Bahamas real estate development financing arrangement, the trial court cancelled a mortgage and promissory note, appointed a receiver, and restructured the parties' ownership interests in the underlying corporation. The appellate court affirme
• The Hanna Mining Co. v. United Steelworkers OF Am.
  464 F.2d 565· 8th Cir.· 1972-07-21 ·cited 6×
  The court held that while employees violated the collective bargaining agreement by striking, their actions were provoked by the company's safety violations and failures to negotiate, thus warranting a modified equitable remedy rather than outright denial of relief.
• United Steelworkers OF Am., AFL-CIO v. Seminole Asphalt Ref., Inc.
  262 So. 2d 215· Fla. 1st DCA· 1972-05-18 ·cited 6×
  A party aggrieved by a temporary injunction may appeal the legal sufficiency of the pleadings and affidavits supporting it as a matter of right under Florida Appellate Rule 4.2, without awaiting the trial court's decision on a motion to dissolve. When appealing the sufficiency of
• Little Beaver Theatre, Inc. v. State of Fla. ex rel. Richard E. Gerstein
  259 So. 2d 217· Fla. 3d DCA· 1972-02-29 ·cited 6×
  The court held that the defendants failed to demonstrate reversible error in the contempt order, affirming the trial court's decision.
• United States v. Barrows
  404 F.2d 749· 9th Cir.· 1968-12-20 ·cited 6×
  A district court has subject matter jurisdiction to grant temporary injunctive relief to prevent irreparable damage to government land, even if the validity of a mining claim on that land is still pending administrative determination.
• United States Fire Ins. Co. v. Brown
  185 So. 2d 11· Fla. 3d DCA· 1966-04-12 ·cited 6×
  This case involves an insurance company's attempt to halt arbitration proceedings by seeking a temporary injunction, which was denied by the lower court. The appellate court affirmed the denial, finding no abuse of discretion.
• State of Fla. ex rel. William O. O'Donnell v. Hall
  175 So. 2d 792· Fla. 2d DCA· 1965-06-03 ·cited 6×·via Temporary Injunction Without Notice
  The court held that the relators, as parties to the post-decretal proceeding, had the right to object to the issuance of the restraining order, and thus the suggestion for writ of prohibition was dismissed.
• McLEOD v. Local 239
  330 F.2d 108· 2d Cir.· 1964-03-30 ·cited 6×
  The Court held that the General Counsel, not the regional director, has final authority to order the seeking of a temporary injunction, and the regional director's belief is not determinative if the General Counsel directs the petition.
• Santona-Nervia Corp. v. Publix Mkt., Inc.
  146 So. 2d 394· Fla. 3d DCA· 1962-11-13 ·cited 6×
  The appellate court affirmed a lower court's order granting a temporary injunction, which was conditioned on the plaintiff posting a $50,000 bond. The court found no abuse of discretion in the bond amount and noted the appellant failed to provide a record of the lower court proce
• Griffin v. United States
  168 F.2d 457· 8th Cir.· 1948-06-11 ·cited 6×
  The court held that the United States has a sufficient interest to maintain a suit to prevent interference with its land use policies, and a county resolution cannot override federal control over federal lands.
• W. Fruit Growers, Inc. v. United States
  124 F.2d 381· 9th Cir.· 1941-12-05 ·cited 6×
  The court held that the district court's denial of a motion to dismiss was not appealable, and affirmed part of a temporary injunction while reversing another part.