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

• Wells v. Cochrane
  137 Fla. 241· Fla.· 1939-04-14 ·cited 6×
  M. G. Wells appealed the denial of a temporary injunction to stop a local option election in Pasco County regarding livestock control. The Florida Supreme Court affirmed the lower court's denial of the injunction, finding no abuse of discretion and the matter moot after the elect
• Sharp v. Bussey
  129 Fla. 775· Fla.· 1937-11-04 ·cited 6×
  Sharp sought equitable relief against his partnership co-member Bussey, challenging the scope of partnership agreements and alleging breach regarding employment terms. The trial court granted temporary injunctions to preserve mutual rights pending final adjudication, and Sharp ap
• Gideon F. Hendrie v. Hendrie
  118 Fla. 478· Fla.· 1935-02-25 ·cited 6×
  In this 1935 Florida Supreme Court case, Beatrice Wood Hendrie sought separate maintenance and exclusive possession of marital property against her husband Gideon F. Hendrie and his son Harold R. Hendrie. The court reversed orders granting her relief, finding the trial court lack
• J. S. Betts Co. v. S. Ga. Ry. Co.
  69 Fla. 46· Fla.· 1915-01-27 ·cited 6×
  The Florida Supreme Court affirmed the dissolution of a temporary injunction that sought to compel a railroad company to allow a logging company to operate trains on its tracks under a service contract. The court held that the logging company's multiple material breaches of the c
• Gaines v. Russ
  60 Fla. 317· Fla.· 1910-06-01 ·cited 6×
  Russ sought to cancel a tenancy agreement signed under alleged duress and void a tax deed, but the Florida Supreme Court held that the County Judge's determination of tenancy was conclusive and the bill stated no equity once tenancy was established.
• Bluthenthal v. Mohlmann
  49 Fla. 275· Fla.· 1905-01-01 ·cited 6×
  This case concerns a trademark dispute where the court found that the plaintiff's allegations of unfair competition and trademark infringement were sufficient to withstand a demurrer. The court reversed the dismissal of the bill but affirmed the denial of a temporary injunction.
• Perry v. Wittich
  37 Fla. 237· Fla.· 1896-01-01 ·cited 6×
  The Pensacola Wharf Company sued W. L. Wittich to enjoin him from constructing buildings and filling in navigable waters between two wharves owned by the company. The court affirmed the dissolution of the temporary injunction due to the complainants' extraordinary delay and lache
• Amnesia Int'l, LLC v. City of Miami Beach
  338 So. 3d 1022· Fla. 3d DCA· 2023-10-25 ·cited 5×
  A trial court properly denies a temporary injunction when the movant fails to establish all four required elements: substantial likelihood of success on the merits, unavailability of an adequate remedy at law, irreparable harm absent the injunction, and that the injunction serves
• Sec'y of State Cord Byrd v. Black Voters Matter Capacity Bldg. Inst., Inc.
  339 So. 3d 1070· Fla. 1st DCA· 2022-05-27 ·cited 5×
  The appellate court reviewed a circuit court's decision to vacate a stay on a temporary injunction. The court found the temporary injunction unlawful because it granted affirmative relief rather than preserving the status quo, which is the sole purpose of such injunctions. The ca
• Pisano v. Mayo Clinic Fla.
  333 So. 3d 782· Fla. 1st DCA· 2022-01-27 ·cited 5×·via Temporary Injunction Requirements
  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
• Jackman v. Cebrink-Swartz
  334 So. 3d 653· Fla. 2d DCA· 2021-05-28 ·cited 5×
  The trial court erred in denying the preliminary temporary injunction motion because intrusion upon seclusion does not require publication of recorded material, and the Jackmans established a reasonable expectation of privacy in their fenced backyard that was violated by the Swar
• City of Miami v. Airbnb
  260 So. 3d 478· Fla. 3d DCA· 2018-12-05 ·cited 5×
  The temporary injunction against the City's vacation rental ban was reversed as overbroad because Miami 21, which predated the state preemption statute's June 1, 2011 cutoff, is not preempted and permits short-term rentals as long as the property's predominant use remains permane
• Donoho v. Allen-Rosner
  254 So. 3d 472· Fla. 4th DCA· 2018-08-24 ·cited 5×
  The court held that the trial court correctly denied the request for a temporary injunction because the appellant failed to establish the necessary elements, including irreparable harm and a substantial likelihood of success on the merits.
• Murphy v. Kande K. Blubaugh
  252 So. 3d 809· Fla. 2d DCA· 2018-08-01 ·cited 5×·via Temporary Injunction Without Notice
  A trial court's order granting a permanent injunction for protection against stalking must be affirmed when the appellant fails to provide a hearing transcript on appeal, precluding appellate review of the evidentiary support for the order.
• Sammie Invs. v. Strategica Cap. Assocs.
  247 So. 3d 596· Fla. 3d DCA· 2018-05-09 ·cited 5×
  A temporary injunction cannot be granted to preserve assets for satisfaction of a money judgment when the plaintiff has an adequate remedy at law through monetary damages. Irreparable injury requires harm that cannot be cured by money damages.
• Pendergraft v. C.H.
  225 So. 3d 420· Fla. 5th DCA· 2017-09-07 ·cited 5×
  The court affirmed an asset-freezing order in supplementary proceedings but reversed and remanded because the trial court failed to require the appellee to post an injunction bond as mandatorily required by law.
• Niekamp v. Niekamp
  173 So. 3d 1106· Fla. 2d DCA· 2015-08-26 ·cited 5×
  Larry Niekamp appealed an amended final judgment dissolving his marriage to Susan Niekamp, challenging custody, asset distribution, and support determinations. The Florida Second District Court of Appeal reversed on multiple grounds and remanded, finding the trial court improperl
• Planned Parenthood OF Greater Orlando v. MMB Props.
  171 So. 3d 125· Fla. 5th DCA· 2015-05-22 ·cited 5×
  Planned Parenthood appeals a temporary injunction prohibiting it from performing abortions at a medical park property in violation of a restrictive covenant. The Fifth District Court of Appeal reversed the portion of the injunction prohibiting sonograms for lack of proper pleadin
• Anarkali Boutique, Inc. v. Nahomi Ortiz
  104 So. 3d 1202· Fla. 4th DCA· 2012-12-12 ·cited 5×
  Anarkali Boutique appealed a circuit court's denial of a temporary injunction against a former worker who allegedly violated a non-compete/non-solicitation agreement. The company argued the court misinterpreted the agreement by finding the non-compete period began running when th
• Meadows v. Med. Optics, Inc.
  90 So. 3d 924· Fla. 4th DCA· 2012-06-20 ·cited 5×
  The court held that the trial court erred by failing to conduct an evidentiary hearing to determine the proper amount of the injunction bond.
• Grasso v. Grasso
  113 So. 3d 855· Fla. 2d DCA· 2012-03-09 ·cited 5×
  Margaret and Michelle Grasso appealed a circuit court's order granting their motion to dismiss for lack of jurisdiction and a temporary injunction prohibiting them from disposing of trust assets. The appellate court dismissed the appeal of the dismissal order as non-final and aff
• 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
• LaROSE v. A.K.
  32 So. 3d 77· Fla. 2d DCA· 2009-07-24 ·cited 5×
  The University of Tampa and a faculty member appealed an order enforcing a temporary injunction against the university. The appellate court reversed, holding that the enforcement order improperly granted permanent injunctive relief by requiring the university to drop a course fro
• LaROSE v. A.K.
  37 So. 3d 265· Fla. 2d DCA· 2009-07-24 ·cited 5×·via Temporary Injunctive Relief
  A.K. sought a temporary injunction to remove an academic integrity violation and failing grade from her student file, alleging unfair plagiarism accusations by Professor LaRose and the University of Tampa. The trial court granted the temporary injunction, and this appeal affirms
• The Reserve AT Wedgefield Homeowners' v. Dixon
  948 So. 2d 65· Fla. 5th DCA· 2007-01-12 ·cited 5×·via Temporary Injunction Requirements
  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
• Miami-Dade Cnty. v. Fernandez
  905 So. 2d 213· Fla. 3d DCA· 2005-05-11 ·cited 5×
  Miami-Dade County appealed the denial of a preliminary injunction against landowners operating commercial party businesses on properties zoned for agriculture without the required certificates of use. The court reversed, holding that when a government entity seeks an injunction t
• Banyan Lakes Home Owners Ass'n, Inc. v. Sch. Dist. OF Palm Beach Cnty.
  823 So. 2d 247· Fla. 4th DCA· 2002-08-07 ·cited 5×
  The court held that the trial court did not abuse its discretion in denying a motion for a temporary injunction.
• Cent. Fla. Invs., Inc. v. Orange Cnty. Code Enf't Bd.
  790 So. 2d 593· Fla. 5th DCA· 2001-08-03 ·cited 5×
  Central Florida Investments and affiliated entities appealed the dismissal of their lawsuit against Orange County for failure to exhaust administrative remedies before challenging the County's denial of their amendment request to operate motorized boats and jet skis on Big Sand L
• Sears Termite & Pest Control, Inc. v. Arnold
  745 So. 2d 485· Fla. 1st DCA· 1999-11-22 ·cited 5×
  The First District Court of Appeal of Florida reversed a lower court's denial of a temporary injunction, finding that a non-compete agreement remained enforceable after a stock purchase and that the former employees' solicitation of customers constituted a breach. The court empha
• Speer v. Evangelisto
  662 So. 2d 1340· Fla. 2d DCA· 1995-11-15 ·cited 5×
  Speer and Saliu appealed an injunction ordering return of restaurant and bar equipment that had been removed from Florida premises. The court reversed the injunction, holding that because the property had already been removed from the state and the appellees could be fully compen
• Lopez v. Paredes
  653 So. 2d 472· Fla. 3d DCA· 1995-04-12 ·cited 5×·via Temporary Injunctive Relief
  In a joint venture dispute, the trial court issued a non-final order restricting Lopez's ability to write checks and make unilateral managerial decisions without satisfying the procedural requirements for injunctive relief. The court reversed, holding that such restrictions const
• Hayden v. Beese
  596 So. 2d 1207· Fla. 4th DCA· 1992-04-08 ·cited 5×
  Tenants appealed the denial of a temporary injunction to prevent eviction under Florida's summary procedure statute. The court upheld the constitutionality of the summary eviction statute and the delegation of rulemaking authority to the legislature, affirming the denial of the i
• 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
• Begel v. Ira Hirsch
  350 So. 2d 514· Fla. 4th DCA· 1977-09-27 ·cited 5×
  Frank Begel appealed an interlocutory order granting a temporary injunction that prohibited him from advertising his bail bond business under his own name in Dade and Broward Counties, and also appealed the denial of his motion for a protective order against an overly broad disco
• Bell v. ALL Persons Claiming ANY Estate
  198 So. 2d 35· Fla. 3d DCA· 1967-04-18 ·cited 5×·via Temporary Injunctive Relief
  The court held that a temporary injunction may be granted without notice if the moving party demonstrates urgent necessity and the allegations in the sworn motion are presumed true in the absence of a motion to dissolve.
• The City OF Miami Beach v. Seacoast Towers-Miami Beach, Inc.
  148 So. 2d 554· Fla. 3d DCA· 1963-01-17 ·cited 5×
  The appellate court affirmed the lower court's denial of a motion to dissolve a temporary injunction, finding no abuse of discretion by the chancellor. The court also noted that the issue of the injunction bond was not properly raised on appeal.
• Platt v. Ross
  112 Fla. 596· Fla.· 1933-11-09 ·cited 5×
  Harry E. Platt, a Miami City Commissioner, sought an injunction to block recall proceedings against him, arguing they failed to comply with statutory requirements. The Florida Supreme Court reversed the trial court's dismissal and granted the injunction, holding that substantial
• 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
• Freeman v. ROZ Berrin
  352 So. 3d 452· Fla. 2d DCA· 2022-12-02 ·cited 4×
  The appellate court affirmed a trial court's order granting a temporary injunction to remove a trustee. While the trial court improperly applied the Florida Trust Code, the injunction was permissible under common law principles for land trusts.
• SPC Fortebello, LLC v. Catuogno
  343 So. 3d 1276· Fla. 5th DCA· 2022-08-05 ·cited 4×
  A trial court's order granting a temporary injunction must explicitly relate factual findings to each of the four required elements and provide sufficient factual or legal basis for any affirmative obligations imposed, as strict compliance with Florida Rule of Civil Procedure 1.6
• 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
• Picture it Sold Photography, LLC v. Bunkelman
  287 So. 3d 699· Fla. 4th DCA· 2020-01-08 ·cited 4×
  Picture It Sold Photography appeals the denial of a temporary injunction to enforce a non-solicitation and non-compete agreement against former independent contractor Scott Bunkelman. The trial court found the restrictive covenants reasonable and that Bunkelman violated them, but
• Fratangelo v. Olsen
  271 So. 3d 1051· Fla. 3d DCA· 2018-12-21 ·cited 4×
  Fratangelo petitions for certiorari to review a non-final trial court order denying his motion for entry of final judgment and reconsideration after a bench trial in a complex business dispute with Olsen over missing assets from LLCs. The appellate court dismisses the petition be
• Credo LLC v. Speyside Invs. Corp.
  259 So. 3d 893· Fla. 3d DCA· 2018-08-15 ·cited 4×
  An injunction requiring deposit of funds into the court registry is proper where the funds are clearly identifiable, were never the property of the enjoined party, belong to either the plaintiff or a third party, and were intended for a specific purpose in a foreclosure action. T
• Rabih Yacomb Youssef v. Issrra Osman Zaitouni
  241 So. 3d 901· Fla. 2d DCA· 2018-02-14 ·cited 4×
  Rabih Youssef appealed the trial court's grant of a temporary domestic violence injunction against him, arguing the court lacked personal jurisdiction. The Second District Court of Appeal agreed, finding that Youssef's minimal contacts with Florida—vacations, family residence, an
• Lutsky v. Schoenwetter
  172 So. 3d 534· Fla. 3d DCA· 2015-08-12 ·cited 4×
  The court held that an order granting a temporary injunction must specify the reasons for its entry and contain clear findings of fact supporting the four elements of an injunction, and that purely monetary injury is not irreparable.
• Anakarli Boutique, Inc. v. Nahomi Ortiz
  152 So. 3d 107· Fla. 4th DCA· 2014-11-26 ·cited 4×
  The court held that a delay in litigation should not cause a valid non-compete period to expire before the merits of the injunction can be decided.
• Camila Ashby v. Murray
  113 So. 3d 951· Fla. 5th DCA· 2013-02-15 ·cited 4×
  The court held that the trial court abused its discretion by refusing to dissolve an ex parte temporary custody order because the father failed to present sufficient evidence to support it.
• Hwy. 46 Holdings, LLC v. Myers
  114 So. 3d 215· Fla. 5th DCA· 2012-11-09 ·cited 4×
  Highway 46 Holdings and two of its members, the Myerses, appealed from an order refusing to dissolve a temporary injunction that had been entered after notice and hearing. The court affirmed the injunction's continuation but reversed the trial court's decision to forgo requiring
• In re Amendments to the Fla. Fam. Law Rules of Procedure
  95 So. 3d 126· Fla.· 2012-07-12 ·cited 4×
  The Florida Supreme Court adopted amendments to the Florida Family Law Rules of Procedure to implement new legislation creating a cause of action for injunctions for protection against stalking. The amendments update multiple rules to add stalking to existing references for domes