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

• Miami-Dade Cnty. v. Wilson
  44 So. 3d 1266· Fla. 3d DCA· 2010-10-06 ·cited 3×
  Miami-Dade County appealed a trial court's temporary injunction ordering restoration of power to Wilson's nightclub property. The appellate court reversed, holding that Wilson failed to exhaust administrative remedies and received adequate notice of the administrative hearing des
• 17315 Collins Ave., LLC v. Fortune Dev. Sales Corp.
  34 So. 3d 166· Fla. 3d DCA· 2010-05-05 ·cited 3×
  The court affirmed a trial court's decision to pierce the corporate veil between parent company Wavestone Properties and its subsidiary 17315 Collins Avenue, LLC, allowing a judgment creditor's lien to attach to the subsidiary's real property. The court found that Wavestone impro
• BRICEÑO v. Bryden Invs., Ltd.
  973 So. 2d 614· Fla. 3d DCA· 2008-01-23 ·cited 3×
  Briceño appeals the denial of his motion for a temporary injunction to preserve accrued interest on funds he claims are subject to a constructive trust. The court affirms, holding that the res of an alleged constructive trust is limited to the principal funds, not accrued interes
• Waler v. Lovett
  905 So. 2d 972· Fla. 5th DCA· 2005-06-24 ·cited 3×
  Catherine Louise Waler sought an injunction for protection against dating violence under Florida law. The trial court dismissed her petition after an ex parte hearing, but the appellate court reversed, finding Waler's allegations sufficient to warrant a temporary injunction and a
• Jefferies & Co., Inc. v. Int'l Assets Holding Corp.
  830 So. 2d 256· Fla. 5th DCA· 2002-11-15 ·cited 3×
  The court held that the trial court erred in denying the motion to dissolve the temporary injunction because the plaintiffs failed to establish the likelihood of irreparable injury and the lack of an adequate remedy at law.
• The City OF Miami Beach v. Swedroe
  788 So. 2d 404· Fla. 3d DCA· 2001-07-05 ·cited 3×·via Temporary Injunction Requirements
  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.
• Pescod v. Wells Rd. Veterinary Med. Ctr., Inc.
  748 So. 2d 1095· Fla. 1st DCA· 2000-01-19 ·cited 3×
  Appellants sought to conduct demonstrations outside a veterinary center to gather discovery evidence for their battery lawsuit defense, but the trial court issued a protective order prohibiting demonstrations within 300 yards of the facility. The appellate court dismissed the app
• Sears Termite & Pest Control, Inc. v. Arnold
  743 So. 2d 597· Fla. 1st DCA· 1999-10-06 ·cited 3×
• Heck v. Heck
  714 So. 2d 1200· Fla. 4th DCA· 1998-08-05 ·cited 3×
  Frederick Heck appeals a temporary injunction entered against him based on allegations of elder abuse and financial improprieties by his mother, Victoria Heck. The court affirms the injunction while dismissing the portion of the appeal concerning financial awards as outside its j
• Am. Residential Servs., Inc. v. Event Tech. Servs., Inc.
  715 So. 2d 1048· Fla. 3d DCA· 1998-07-29 ·cited 3×
  American Residential Services and David Prince appealed a temporary injunction enforcing a non-competition agreement. The Florida appellate court affirmed the injunction, holding that the trial court properly applied the applicable non-competition statute and that the record supp
• Palma Plaza Owners' Ass'n, Inc. v. Cummings & Lockwood
  706 So. 2d 1376· Fla. 4th DCA· 1998-02-25 ·cited 3×
• Smith v. Bateman Graham, P.A.
  680 So. 2d 497· Fla. 1st DCA· 1996-04-19 ·cited 3×
  The Florida First District Court of Appeal reversed an ex parte injunction prohibiting attorney J. Layne Smith from contacting clients of his former law firm employer, holding that the former employer lacked standing to enforce violations of Florida Bar ethics rules through priva
• Platinum Coast Fin. Corp. & Michael J. Miceli v. Farino's, Inc.
  662 So. 2d 724· Fla. 2d DCA· 1995-10-18 ·cited 3×·via Temporary Injunction Requirements
  The court held that a temporary injunction was improperly issued without sufficient factual findings or evidence presented by the petitioner.
• Francine S. Schiller v. Miller
  621 So. 2d 481· Fla. 4th DCA· 1993-05-26 ·cited 3×
  This case involves an appeal of a temporary restraining order enjoining the appellant from disposing of four pieces of jewelry and limiting the appellee's bond. The appellate court affirmed the order, finding the jewelry to be unique and the appellee to have no adequate remedy at
• Pino v. Spanish Broad. Sys. OF Fla., Inc.
  564 So. 2d 186· Fla. 3d DCA· 1990-06-26 ·cited 3×
  Florida appellate court affirmed a temporary injunction enforcing a covenant not to compete against a radio announcer whose employment contract was assigned to a successor employer. The court held that covenants not to compete in employment contracts are assignable business asset
• Orkin Exterminating Co., Inc. v. Bailey
  550 So. 2d 563· Fla. 4th DCA· 1989-11-01 ·cited 3×·via Temporary Injunctive Relief
  The court held that the trial court erred in unreasonably restricting the geographic scope and duration of temporary injunctions enforcing non-competition agreements.
• S. Fla. Water Mgmt. Dist. v. City OF ST. Cloud
  550 So. 2d 551· Fla. 5th DCA· 1989-10-26 ·cited 3×·via Motion For Temporary Injunction
  The City of St. Cloud challenged the South Florida Water Management District's denial of its petition for a formal administrative hearing regarding well construction permits issued to a private party. The court affirmed the trial court's grant of a temporary injunction but revers
• Fraternal Order OF Police v. Odio
  491 So. 2d 339· Fla. 3d DCA· 1986-07-22 ·cited 3×
• Briece v. Briece
  703 F.2d 1045· 8th Cir.· 1983-03-29 ·cited 3×
  The court held that a temporary restraining order in a divorce action abates upon the death of a party, and therefore, a beneficiary change made by the insured prior to his death, even after the order, was valid.
• United Coin Meter Co. OF Fla., Inc. v. Commercial Laundries, Inc.
  408 So. 2d 1067· Fla. 3d DCA· 1982-01-05 ·cited 3×
  The court affirmed a temporary injunction restraining interference with appellee's laundry operations but reversed the portion requiring a compulsory cross-claim as overly broad and contrary to Florida Rule of Civil Procedure 1.170(g).
• State of Fla. ex rel. Stephen L. Boyles v. The Honorable E. L. Eastmoore
  287 So. 2d 333· Fla. 1st DCA· 1973-12-18 ·cited 3×
  A circuit court has jurisdiction to issue an injunction restraining a public officer from harassing citizens by unauthorized actions under color of office, even if the ruling is later found to be erroneous.
• Econ. Cash & Carry Cleaners, Inc. v. Fla. Dry Cleaning & Laundry Bd.
  138 Fla. 642· Fla.· 1939-06-20 ·cited 3×
  The Florida Supreme Court recalled its prior mandate to clarify its judgment regarding an injunction against dry cleaning businesses. The court affirmed the injunction's requirement for businesses to comply with board orders and pay license fees, but also allowed businesses to ch
• Mercer v. Keynton
  104 Fla. 730· Fla.· 1932-04-15 ·cited 3×
  This case involves a dispute over restrictive covenants on land. The court previously denied a temporary injunction due to delay and the availability of a legal remedy. Subsequently, the plaintiff sued for damages for breach of covenants, but the trial court sustained a demurrer,
• RPSS Grp., LLC v. Miami Chassis & Alignment, Inc.
  Fla. 3d DCA· 2025-03-05 ·cited 2×·via Temporary Injunctive Relief
  RPSS Group appealed the trial court's denial of its emergency motion for a temporary injunction seeking return of a Lamborghini vehicle held by Miami Chassis & Alignment due to disputed storage fees. The Third District Court of Appeal affirmed the denial, finding the trial court
• Kandyce McPherson v. Killyah Samuel
  392 So. 3d 565· Fla. 4th DCA· 2024-07-24 ·cited 2×
  A trial court abuses its discretion by denying a motion to continue a permanent injunction hearing when the movant had preplanned international travel, received only eight days' notice, filed the continuance motion promptly, and the opposing party would not be prejudiced by the d
• King v. Giardina
  368 So. 3d 546· Fla. 1st DCA· 2023-08-16 ·cited 2×
  The appellate court affirmed a trial court's temporary injunction against the appellant. The appellant argued the trial court's factual findings were inaccurate but failed to provide a transcript of the hearing, preventing review.
• Lusby v. Canevari
  363 So. 3d 233· Fla. 6th DCA· 2023-03-03 ·cited 2×·via Temporary Injunctive Relief
  The appellate court reversed a temporary injunction because the trial court failed to make findings on all four necessary elements and did not hold an evidentiary hearing on the injunction bond amount. The case highlights the procedural requirements for granting temporary injunct
• 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
• Joseph Spine, P. A. v. Moulton
  346 So. 3d 154· Fla. 2d DCA· 2022-06-29 ·cited 2×
  The appellate court reversed a trial court's denial of a temporary injunction, finding that the medical practice, Joseph Spine, P.A., was entitled to a presumption of irreparable harm due to a former physician's (Dr. Moulton) violation of restrictive covenants in his employment a
• Larry and Ellen Vickery v. City of Pensacola
  342 So. 3d 249· Fla. 1st DCA· 2022-02-16 ·cited 2×·via Temporary Injunction Requirements
  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
• Miami-Dade Cnty. v. Miami Gardens Square One, Inc.
  314 So. 3d 389· Fla. 3d DCA· 2020-11-04 ·cited 2×
  Executive Order 20-244 does not expressly preempt local government curfews because the order's prohibition on measures that "prevent an individual from working or from operating a business" applies only to enactments that prohibit or shut down businesses altogether, not to time-o
• Pledger Tr. Series 28, LLC v. Apeiron Holdings Miami, LLC
  306 So. 3d 1115· Fla. 3d DCA· 2020-08-19 ·cited 2×
  The appellate court affirmed the trial court's decision to grant a preliminary injunction but reversed the decision regarding the lack of a bond. The court found that a bond is required to protect the enjoined party from damages if the injunction is later found to be wrongful.
• Gonzalez-Barrera v. Majorca Towers Condo
  272 So. 3d 424· Fla. 3d DCA· 2019-02-06 ·cited 2×
  Gonzalez-Barrera and Garcia appeal a permanent injunction issued against Garcia by Majorca Towers Condominium Association. The court affirmed the injunction prohibiting Garcia from residing in a separate unit from Gonzalez-Barrera without Association approval, but reversed the in
• 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.
• Cristina Tarantola, M.D. v. William B. Henghold, M.D., P.A.
  252 So. 3d 155· Fla. 1st DCA· 2018-08-30 ·cited 2×
  The trial court abused its discretion by relying on website screenshots not introduced into evidence to extend the non-compete injunction, and even if the website existed when alleged, it did not constitute improper advertising under the agreement since it contained only biograph
• Imraan Ansaarie, M.D. v. First Coast Cardiovascular Inst., P.A.
  252 So. 3d 287· Fla. 1st DCA· 2018-06-28 ·cited 2×
  A temporary injunction enforcing restrictive covenants in a physician employment agreement was properly granted where the employer demonstrated legitimate business interests in existing patients, substantial investment in developing patient goodwill in a specific geographic area,
• Fla. Digestive Health Specialists, LLP v. Ramon E. Colina, M.D.
  202 So. 3d 94· Fla. 2d DCA· 2016-09-07 ·cited 2×
  The Florida Second District Court of Appeal enforced its prior mandate requiring the trial court to grant a temporary injunction prohibiting a former employee from violating a restrictive covenant. The trial court had failed to comply with the appellate court's clear instructions
• Annex Indus. Park, LLC v. Corner Land, LLC
  206 So. 3d 739· Fla. 3d DCA· 2016-07-13 ·cited 2×
  A trial court does not abuse its discretion by enjoining an alleged continuing trespass, even if the injunction disturbs, rather than preserves, the status quo.
• Sandonato v. Guzman
  189 So. 3d 265· Fla. 4th DCA· 2016-04-06 ·cited 2×
• 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
• Hiles v. Americare Home Therapy, Inc.
  183 So. 3d 449· Fla. 5th DCA· 2015-12-31 ·cited 2×
  Carla Hiles appeals a temporary injunction granted to her former employer Americare Home Therapy to enforce restrictive covenants in her employment agreement. The Fifth District Court of Appeal reversed in part, holding that referral sources do not constitute a legitimate busines
• Fla. Digestive Health Specialists, LLP v. Ramon E. Colina, M.D.
  192 So. 3d 491· Fla. 2d DCA· 2015-11-04 ·cited 2×
  FDHS and Dr. Colina's LLC challenged a trial court's partial denial of a temporary injunction to enforce a restrictive covenant against Dr. Colina's employment with IMG, a large multi-physician medical group. The Florida appellate court reversed the trial court's refusal to enfor
• Cashcall, Inc. v. Off. OF the Attorney Gen.
  173 So. 3d 1056· Fla. 2d DCA· 2015-07-31 ·cited 2×
  CashCall and related entities challenged a trial court's temporary injunction freezing loan proceeds and requiring a $1 million reserve pending resolution of a Deceptive and Unfair Trade Practices Act action. The Court reversed, holding that the Attorney General failed to establi
• 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×·via Temporary Injunction Requirements
  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.