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

• Grant v. GHG014, LLC
  65 So. 3d 1066· Fla. 4th DCA· 2010-10-20 ·cited 4×
  Appellants sought a temporary mandatory injunction to regain possession of an apartment after the appellees allegedly changed the locks in violation of Florida's landlord-tenant statute. The trial court denied the injunction, finding the appellants failed to prove the existence o
• Solares v. The City OF Miami & Miami-Dade Cnty.
  23 So. 3d 227· Fla. 3d DCA· 2009-12-09 ·cited 4×
  Appellants sought a temporary injunction to halt the sale of refunding bonds by Miami-Dade County pending resolution of their lawsuit challenging a stadium financing agreement. The court dismissed the appeal as moot because the bonds had been sold to third parties before the appe
• Cadicamo v. Alite
  4 So. 3d 699· Fla. 2d DCA· 2009-02-18 ·cited 4×·via Temporary Injunction Requirements
  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
• United States v. Borge
  48 L.R.R.M. (BNA) 2791· S.D. Fla.· 2008-03-04 ·cited 4×
• Bradenton Grp., Inc. v. State
  970 So. 2d 403· Fla. 5th DCA· 2007-11-09 ·cited 4×
  The Florida Fifth District Court of Appeal reversed a civil RICO forfeiture judgment against bingo operators, holding that violations of Florida's Bingo Statute cannot form the basis for RICO liability and that collateral estoppel barred the relitigation of issues already decided
• Amendments to Fla. Supreme Court Approved Fam. Law Forms-Sexual Violence Forms
  871 So. 2d 113· Fla.· 2004-03-25 ·cited 4×
  The Court approved amendments to Florida Supreme Court Approved Family Law Forms by deleting Form 12.980(a) (fee-waiver form), creating three new forms for sexual violence protection (Forms 12.980(q), (r), (s)), and amending numerous existing domestic and repeat violence forms to
• Griveas v. Amoco OIL Co.
  854 So. 2d 841· Fla. 4th DCA· 2003-09-24 ·cited 4×·via Temporary Injunctive Relief
  John Griveas, a tenant operating a gasoline station under assignment from the original lessee, appealed a temporary injunction granted to Amoco Oil Company that effectively evicted him from the premises. The Fourth District Court of Appeal reversed in part, holding that the trial
• Amendments to Fla. Supreme Court Approved Fam. Law Forms-Domestic Violence
  849 So. 2d 1003· Fla.· 2003-05-15 ·cited 4×
  The Florida Supreme Court adopted and amended family law forms addressing domestic violence, repeat violence, and dating violence to comport with 2002 legislative amendments that modified statutory definitions, required recording of proceedings, added prohibited conduct violation
• 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
• White v. Cannon
  778 So. 2d 467· Fla. 3d DCA· 2001-02-21 ·cited 4×
  The court held that the trial court erred by dismissing a domestic violence injunction without affording the wife due notice and an opportunity to be heard, violating her statutory and due process rights.
• Jud. Watch, Inc. v. Carroll
  776 So. 2d 300· Fla. 4th DCA· 2000-12-20 ·cited 4×
  Judicial Watch petitioned for review of a trial court order requiring the Supervisor of Elections to provide statutory notice to all candidates before allowing inspection of ballots cast in the November 2000 election in Broward County. The appellate court denied the petition, fin
• Lawnwood Med. Ctr., Inc. v. Perry R. Lloyd, III, M.D.
  773 So. 2d 114· Fla. 4th DCA· 2000-12-20 ·cited 4×
  The court affirmed a temporary injunction in a medical staff dispute but remanded for a hearing on bond amount after finding the trial court failed to allow appellants to address the bond.
• Harald Blecher v. Dreyfus Brokerage Servs., Inc.
  770 So. 2d 1276· Fla. 3d DCA· 2000-11-15 ·cited 4×
  Injunctive relief is appropriate to protect the res in a claim for constructive trust.
• United Auto. Ins. Co. v. Sanar Clinical Rehab Ctr., Inc.
  766 So. 2d 356· Fla. 3d DCA· 2000-07-19 ·cited 4×
  The appellate court affirmed the trial court's denial of a temporary injunction, finding the plaintiff failed to demonstrate immediate danger of significant loss or meet public policy requirements.
• We're Assocs. VI Ltd. P'ship v. Curzon Dev. Corp.
  738 So. 2d 440· Fla. 4th DCA· 1999-07-21 ·cited 4×
  We're Associates VI appealed orders restricting its access to operating funds held in a Dean Witter account during mortgage foreclosure proceedings. The Fourth District reversed, holding that the trial court lacked authority to impose such restrictions absent a properly requested
• Amendments to the Fla. Fam. Law Rules of Procedure
  746 So. 2d 1073· Fla.· 1999-01-28 ·cited 4×
  The Florida Supreme Court issued amendments to the Florida Family Law Rules of Procedure, modifying several rules based on comments received following an October 1998 opinion. The amendments address confidentiality of records, expert witness procedures, injunctions for domestic a
• Mitts v. Boyle Acct. Servs., Inc.
  703 So. 2d 1218· Fla. 5th DCA· 1998-01-02 ·cited 4×
  The court held that the entry of a temporary injunction was error due to procedural and substantive defects, including lack of required findings and bond.
• Hill v. The Prudential Ins. Co. OF Am.
  701 So. 2d 1218· Fla. 1st DCA· 1997-12-01 ·cited 4×
  The Florida District Court of Appeal reversed a trial court's order granting a temporary injunction that prohibited disclosure of investigative materials compiled by state agencies during a regulatory investigation into Prudential Insurance's sales practices. The court held that
• Anesthesia Grp. OF Miami, Inc. v. Charles Hyams, M.D.
  693 So. 2d 673· Fla. 3d DCA· 1997-05-07 ·cited 4×
  The court affirmed the temporary injunction, clarifying that it restrains the enforcement of the non-competition clause in the employment agreement.
• Xavier J. Fernandez, P.A. v. SUN Bank OF Tampa BAY
  670 So. 2d 1106· Fla. 2d DCA· 1996-03-27 ·cited 4×
  Xavier J. Fernandez, P.A., a non-party to supplementary proceedings to enforce a judgment, appeals a temporary injunction that prohibited asset transfers. The court reversed because the written injunction order was inconsistent with the trial court's oral pronouncement that it wo
• Meditek Therapy, Inc. v. Vat-Tech, Inc.
  658 So. 2d 644· Fla. 2d DCA· 1995-07-28 ·cited 4×
  MediTek Therapy, Inc., an exclusive distributor, appeals a temporary injunction granted without notice, alleging it breached a confidentiality agreement by allowing Korean representatives to inspect and photograph a patented chiropractic treatment table. The appellate court rever
• Resorts Mgmt., Inc. v. Olsen
  651 So. 2d 194· Fla. 2d DCA· 1995-02-24 ·cited 4×
  The court affirmed a temporary injunction restricting fund transfers from a limited partnership by the general partner but reversed the bond amount determination because the trial court improperly denied the defendants an opportunity to present evidence on the bond.
• Taylor v. Searcy Denney Scarola Barnhart & Shipley, P.A.
  651 So. 2d 97· Fla. 4th DCA· 1994-11-30 ·cited 4×
  The contempt finding and $1,700,000 fine must be reversed because the trial court failed to follow the procedural requirements of Rule 3.840 for indirect criminal contempt proceedings, and even if proper procedures had been followed, the fine was statutorily excessive absent spec
• Spencer Pest Control Co. OF Fla., Inc. v. Smith
  637 So. 2d 292· Fla. 5th DCA· 1994-04-29 ·cited 4×·via Motion For Temporary Injunction
  Spencer Pest Control sought an injunction to enforce a noncompete agreement against its former manager Lewis Smith. The trial court denied the temporary injunction for lack of showing of irreparable injury, and the appellate court affirmed, holding that irreparable injury cannot
• Kallman v. Pia Kallman
  623 So. 2d 1213· Fla. 3d DCA· 1993-09-07 ·cited 4×
  In this child custody appeal, the Florida District Court of Appeal affirmed a trial court's decision to assume jurisdiction over a custody dispute and award temporary custody to the mother, despite the family's residence in Southeast Asia. The court held that while an Indonesian
• Crane Inst. OF Am., Inc. v. Am. Crane Training Servs., Inc.
  621 So. 2d 740· Fla. 5th DCA· 1993-06-25 ·cited 4×·via Temporary Injunctive Relief
• Montaner v. BIG Show Prods., S.A.
  620 So. 2d 246· Fla. 3d DCA· 1993-06-22 ·cited 4×
  The appellate court reversed a temporary injunction against a singer and his manager, finding that Florida courts cannot enforce personal service contracts through injunctions and that the foreign "Amparo" order was obtained in violation of due process standards due to inadequate
• Weintraub v. Elliot Roth & Elliot Roth, Inc.
  617 So. 2d 1158· Fla. 4th DCA· 1993-05-19 ·cited 4×
  The court reversed a temporary injunction that restricted an accountant from conducting business at a new location and using his own name in business operations. The court found that the covenant not to compete had been strictly construed and that the appellee failed to prove the
• A.J. v. Times Publ'g Co.
  605 So. 2d 160· Fla. 2d DCA· 1992-09-11 ·cited 4×
  The appellate court reversed the dissolution of a temporary injunction, finding that the trial court erred in dissolving it on procedural grounds and should have considered the merits of the injunction regarding child abuse reports.
• 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.
• Cadillac Plastic Grp., Inc. v. Barnett Bank OF Martin Cnty., N.A.
  590 So. 2d 1063· Fla. 4th DCA· 1991-12-18 ·cited 4×
  A temporary injunction cannot be entered upon motion alone without an initial pleading like a complaint.
• Alfons Walz v. von Schweiger
  575 So. 2d 788· Fla. 3d DCA· 1991-03-12 ·cited 4×
  The trial court erred in dismissing the quasi-in-rem complaint and dissolving the temporary injunction due to a lack of jurisdiction, as jurisdiction over the funds was established.
• Santana Prods. Co. v. von Korff
  573 So. 2d 1027· Fla. 2d DCA· 1991-02-01 ·cited 4×
  The court held that a trial court abused its discretion by refusing to enforce a noncompete agreement solely because it lacked a geographic limitation.
• McBRIDE v. Taylor
  924 F.2d 386· 1st Cir.· 1991-01-30 ·cited 4×
  The court held that FmHA officials are entitled to qualified immunity because their actions did not violate clearly established constitutional rights, even if they violated a district court injunction.
• Southards v. Motel Mgmt. Co.
  567 So. 2d 523· Fla. 3d DCA· 1990-09-25 ·cited 4×
  Interval owners of a condominium unit who paid their share of property taxes sought a temporary injunction to prevent a tax deed sale after the managing entity failed to pay the majority's delinquent taxes and the tax collector refused to allocate collected funds to protect owner
• Pinch-A-Penny OF Pinellas Cnty., Inc. v. Chango
  557 So. 2d 940· Fla. 2d DCA· 1990-03-09 ·cited 4×·via Motion For Temporary Injunction
  Pinch-A-Penny appeals the trial court's denial of a temporary injunction to enforce noncompetition agreements against former employees who went to work for a competitor. The appellate court reversed, holding that Pinch-A-Penny established all elements for a preliminary injunction
• Concept, Inc. v. Thermotemp, Inc.
  553 So. 2d 1325· Fla. 2d DCA· 1989-12-13 ·cited 4×
  Concept, Inc. appeals a temporary injunction blocking it from manufacturing a thermal therapy machine similar to Thermotemp's. The court affirms the injunction, holding that Concept breached a written confidential disclosure agreement by using Thermotemp's non-public product impr
• Williamson v. Geneva, Inc.
  550 So. 2d 8· Fla. 2d DCA· 1989-06-23 ·cited 4×·via Temporary Injunction Requirements
  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
• Conservatory-City OF Refuge, Inc. v. Kinney
  514 So. 2d 377· Fla. 2d DCA· 1987-09-04 ·cited 4×
  The court held that the trial court erred in applying the Marketable Record Title Act and that the appellant's argument regarding void conveyances was premature. The temporary injunction was affirmed for most of the property but quashed as to the 'house area'.
• Nat'l Adoption Counseling Serv., Inc. v. State
  480 So. 2d 250· Fla. 4th DCA· 1985-12-31 ·cited 4×·via Temporary Injunction Requirements
  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,
• Meristem Valley Nursery, Inc. v. Metro. Dade Cnty.
  428 So. 2d 726· Fla. 3d DCA· 1983-03-15 ·cited 4×
  The court held that while the temporary injunction was overly broad, the subsequent mandatory injunction ordering removal of structures was proper because the appellant failed to comply with the original order.
• Comm'n ON Ethics v. L.H. Lancaster
  421 So. 2d 711· Fla. 1st DCA· 1982-11-09 ·cited 4×
  The Florida Ethics Commission appealed a trial court's denial of its motion to change venue and the entry of a temporary injunction restraining it from conducting ethics proceedings against a county elections supervisor. The appellate court reversed, holding that venue was improp
• Fletcher J. Herndon, Jr. v. The ELI Witt Co.
  420 So. 2d 920· Fla. 1st DCA· 1982-10-21 ·cited 4×
  Fletcher Herndon appeals an interlocutory order denying his motion to dissolve a temporary restraining order based on a covenant not to compete contained in a settlement agreement with his former employer, Eli Witt Company. The court upheld the five-year, three-state non-compete
• 2829 Corp. v. Div. OF Alcoholic Bev. & Tobacco OF the Dep't OF Bus. Reg.
  410 So. 2d 539· Fla. 4th DCA· 1982-02-03 ·cited 4×
  This case involves a dispute over the suspension of an alcoholic beverage license. The appellate court reversed a lower court's injunction that had stayed administrative proceedings, ruling that the circuit court lacked jurisdiction to interfere with the appellate court's directi
• 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
• Halloran v. Pensacola Ass'n OF Life Underwriters, Inc.
  395 So. 2d 554· Fla. 1st DCA· 1981-01-14 ·cited 4×
  The court held that the appeal is moot because the temporary suspension of membership has expired.
• Calder Race Course, Inc. v. Gaitan
  393 So. 2d 15· Fla. 3d DCA· 1980-12-16 ·cited 4×·via Temporary Mandatory Injunction
  Calder Race Course appeals from an order granting trainer Frank Gaitan a temporary mandatory injunction requiring the race course to provide him with horse stalls. The court reverses, holding that despite state regulation of pari mutuel racing, private race tracks remain private
• Reed v. O.A. & E., Inc.
  390 So. 2d 487· Fla. 4th DCA· 1980-11-26 ·cited 4×
  A lease provision granting a privilege to sell beer and wine does not create an exclusive right to do so unless clearly and positively expressed.