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

• 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
• Martinez v. Cramer
  121 So. 3d 580· Fla. 4th DCA· 2013-08-07 ·cited 2×·via Motion For Temporary Injunction
  Florida's appellate court held that counsel must be appointed to an alleged incapacitated person at the time an emergency temporary guardian is appointed, not later. The court reversed the trial court's order appointing an emergency temporary guardian without first providing coun
• Miami-Dade Cnty. v. Concrete Structures, Inc.
  114 So. 3d 333· Fla. 3d DCA· 2013-05-15 ·cited 2×·via Motion For Temporary Injunction
  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×·via Temporary Injunction Requirements
  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.
• Romero v. Erik G. Abrahamson, P.A.
  113 So. 3d 870· Fla. 2d DCA· 2012-07-11 ·cited 2×
  The court held that a case management order broadly restricting parties' communication regarding litigation issues constitutes an injunction and an impermissible prior restraint on speech absent necessary findings.
• Rudge v. The City OF Stuart
  65 So. 3d 645· Fla. 4th DCA· 2011-07-27 ·cited 2×
  William Rudge appeals a trial court order modifying a temporary injunction that allowed the City of Stuart to enter his property to abate code enforcement violations and clean up a public nuisance. The Fourth District affirms the injunction, holding that the city has a clear lega
• 4UORTHO, LLC v. Practice P'rs, Inc.
  18 So. 3d 41· Fla. 4th DCA· 2009-09-09 ·cited 2×·via Temporary Injunctive Relief
  Practice Partners sought a temporary injunction against 4UOrtho and its owners for breach of a confidentiality and non-solicitation agreement after 4UOrtho hired several of Practice Partners' employees. The trial court granted the temporary injunction, but the appellate court aff
• Joel Salamon, M.D. v. Anesthesia Pain Care Consultants, Inc.
  10 So. 3d 1112· Fla. 4th DCA· 2009-04-15 ·cited 2×
  A physician appeals a temporary injunction enforcing a non-compete provision in his employment agreement with his former employer. The trial court granted the injunction, finding sufficient evidence of the doctor's breach of the restrictive covenant, and the appellate court affir
• Wavestone Props., LLC v. Fortune Dev. Sales Corp.
  978 So. 2d 830· Fla. 3d DCA· 2008-03-26 ·cited 2×
  Fortune Development Sales Corporation obtained a judgment against Wavestone Properties for breach of an exclusive real estate listing agreement and sought to enforce it through proceedings supplementary. The trial court granted a temporary injunction freezing condominium sale pro
• Hasley v. Harrell
  971 So. 2d 149· Fla. 2d DCA· 2007-12-07 ·cited 2×·via Temporary Injunction Requirements
  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
• Smith v. Crider
  932 So. 2d 393· Fla. 2d DCA· 2006-04-07 ·cited 2×·via Motion For Temporary Injunction
  Mother appealed an order denying her motion to dissolve an ex parte temporary injunction that modified a final dissolution judgment by awarding father temporary sole parental responsibility and prohibiting mother from removing the children from jurisdiction. The appellate court r
• Traughber v. Traughber
  941 So. 2d 388· Fla. 2d DCA· 2006-01-04 ·cited 2×
  The court held that the final domestic violence injunction must be reversed because the respondent did not receive reasonable notice of the final hearing.
• John E.K. Jensen v. Jensen
  904 So. 2d 635· Fla. 4th DCA· 2005-06-22 ·cited 2×
  The Florida Fourth District Court of Appeal reversed a trial court's decision permitting a former wife to relocate with minor children from Broward County to Brevard County, holding that the trial court failed to properly consider the six statutory factors required under Florida
• 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×·via Temporary Injunction Requirements
  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
• Town OF Belleair v. Fla. Power Corp.
  897 So. 2d 1261· Fla.· 2005-03-10 ·cited 2×
  A local government can continue to impose a franchise fee on an electric utility during a holdover period after the franchise agreement expires, while parties negotiate a new arrangement or buyout.
• Schmitz v. Schmitz
  890 So. 2d 1248· Fla. 4th DCA· 2005-01-19 ·cited 2×
  Sherri Lynn Schmitz appeals a temporary injunction for domestic violence protection and custody order, arguing she was denied due process when the trial court allowed the psychologist to testify based on a 35-page custody evaluation report delivered to her attorney only one day b
• Cole v. City OF Deltona
  890 So. 2d 480· Fla. 5th DCA· 2004-12-30 ·cited 2×
  The trial court erred in applying a "special damages" standard to determine irreparable injury for a temporary injunction, as this standard is relevant to standing, not the irreparable harm element.
• City OF Cocoa Beach v. Vacation Beach, Inc.
  876 So. 2d 719· Fla. 5th DCA· 2004-07-02 ·cited 2×
  The City of Cocoa Beach appeals a contempt order imposing sanctions for violating an injunction that stayed enforcement of voter-approved referendum amendments restricting building height and density. The appellate court reversed, holding that the injunction only prohibited enfor
• Donovan v. Lewnowski
  133 F. Supp. 31· S.D. Fla.· 2004-05-07 ·cited 2×
  The court granted the Special Master's motion to quash a subpoena duces tecum, finding that compliance would impose an undue burden and violate protective orders from a state court.
• Skyway Trap & Skeet Club, Inc. v. Sw. Fla. Water Mgmt. Dist.
  854 So. 2d 676· Fla. 2d DCA· 2003-07-11 ·cited 2×
  Skyway Trap & Skeet Club appeals a trial court order that converted a temporary injunction into a permanent injunction prohibiting it from depositing expended shot on adjacent water management district property. The court reversed, holding that the permanent injunction was improp
• Cortina v. The Staffing Source, Inc.
  843 So. 2d 373· Fla. 2d DCA· 2003-05-02 ·cited 2×
  Clara Cortina appealed a trial court's order granting a temporary injunction enforcing a noncompete agreement against her. The appellate court reversed because The Staffing Source failed to provide Cortina with reasonable notice of the temporary injunction hearing, as required by
• M & E Distribs., Inc. v. Worley
  840 So. 2d 457· Fla. 4th DCA· 2003-03-26 ·cited 2×
  M & E Distributors and Mark Martone appealed a temporary injunction prohibiting them from using the name 'Worley's Wonder' to market their own cleaning product. The Fourth District Court of Appeal affirmed the injunction, finding sufficient evidence of trademark infringement and
• Morales v. DeBIASE
  839 So. 2d 896· Fla. 2d DCA· 2003-03-12 ·cited 2×
• E.S. Thomas & Assocs., Inc. v. Powell
  827 So. 2d 396· Fla. 2d DCA· 2002-10-11 ·cited 2×
  E.S. Thomas & Associates appeals the denial of its motion for a temporary injunction to prevent an independent insurance agent from soliciting its customers and agents in violation of nonsolicitation and noncompetition covenants. The court affirms the trial court's denial, findin
• Fla. Dep't of Agric. & Consumer Servs. v. Haire
  832 So. 2d 778· Fla. 4th DCA· 2002-07-09 ·cited 2×
  The Florida Department of Agriculture appeals a trial court order granting a temporary injunction that held unconstitutional the 2002 amendments to citrus canker eradication statutes. The appellate court certifies the case to the Florida Supreme Court as involving issues of great
• Azra Rheman Vargas v. Vargas
  816 So. 2d 238· Fla. 2d DCA· 2002-05-15 ·cited 2×
  Florida appellate court reversed a temporary injunction restraining removal of children from jurisdiction because the trial court's order and the husband's motion failed to comply with procedural requirements under Florida Rule of Civil Procedure 1.610, including lack of verifica
• City OF Gainesville v. Watson Constr. Co., Inc.
  815 So. 2d 785· Fla. 1st DCA· 2002-05-13 ·cited 2×·via Temporary Injunction Requirements
  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
• Shaw v. Shaw
  816 So. 2d 540· Fla.· 2002-04-18 ·cited 2×·via Motion For Temporary Injunction
  The Fourth District Court of Appeal erred in discharging its conflict jurisdiction, as the majority opinion failed to address a direct conflict between district court decisions regarding whether a parenting course must be specifically pled before being ordered. Furthermore, the t
• Portell Int'l Realty, Inc. v. Jacobson
  802 So. 2d 431· Fla. 3d DCA· 2001-12-12 ·cited 2×
  A real estate broker who represented clients in negotiating the purchase of condominium units on Fisher Island subsequently purchased those same units herself after the clients declined to proceed. The clients sued to impose a constructive trust, seeking a temporary injunction to
• Yachting Promotions, Inc. v. Broward Yachts, Inc.
  782 So. 2d 937· Fla. 4th DCA· 2001-03-28 ·cited 2×
  Yachting Promotions appealed a trial court's grant of a mandatory temporary injunction in favor of Broward Yachts. The appellate court reversed, holding that the Dade county circuit court had prior jurisdiction over the same parties and subject matter, and therefore the Broward c
• Nastasi v. Thomas
  766 So. 2d 462· Fla. 4th DCA· 2000-09-06 ·cited 2×
• Perez v. Humana Med. Plan, Inc.
  771 So. 2d 1· Fla. 3d DCA· 2000-06-14 ·cited 2×
  Physicians Perez and Vazquez appealed two temporary injunctions issued under their non-compete agreements with Humana Medical Plan. The court affirmed the first injunction restricting work within a five-mile radius of Humana's clinic but reversed the second injunction that extend
• Image Data, L.L.C. v. Sullivan
  739 So. 2d 725· Fla. 5th DCA· 1999-09-10 ·cited 2×
  Image Data appealed an ex parte temporary injunction that prohibited it and the Florida Department of Highway Safety and Motor Vehicles from disseminating driver license information. The Fifth District Court of Appeal reversed the injunction, finding it violated multiple procedur
• Murphy v. Chitty
  739 So. 2d 697· Fla. 5th DCA· 1999-09-03 ·cited 2×
  An accounting firm sold its business to Chitty & Company in a transaction that included non-compete agreements, independent contractor agreements, leases, and promissory notes executed simultaneously. When Chitty failed to pay for services under the independent contractor agreeme
• Diaz v. John Adcock Ins. Agency, Inc.
  729 So. 2d 465· Fla. 2d DCA· 1999-03-19 ·cited 2×
  The appellate court considered whether a contract provision waiving the bond requirement for a temporary injunction is enforceable, holding that such a waiver is generally not permissible under Florida Rule of Civil Procedure 1.610(b).
• Seminole Cnty. v. River Cap., Inc.
  725 So. 2d 1233· Fla. 5th DCA· 1999-01-22 ·cited 2×
  Seminole County sought to enjoin Sassy Merlot's, an adult entertainment establishment, from operating without the required license. The trial court granted Sassy's counterclaim for a temporary injunction and ruled that Sassy did not need a license, but the appellate court reverse
• Denowitz v. Info. Television Network, Inc.
  717 So. 2d 1106· Fla. 4th DCA· 1998-09-23 ·cited 2×
  The court affirmed the trial court's injunction but noted reversible error in failing to require a bond for the temporary injunction, which was subsequently remedied.
• In re Amendments to the Fla. Fam. Law Rules of Procedure
  717 So. 2d 914· Fla.· 1998-06-25 ·cited 2×
  This case involves amendments to Florida's Family Law Rules of Procedure and Forms, specifically updating domestic violence injunction forms and support-related forms to comply with legislative changes effective July 1, 1998. The Florida Supreme Court approved the amendments, whi
• Hixson v. Hixson
  698 So. 2d 639· Fla. 4th DCA· 1997-09-03 ·cited 2×
• Dade Cnty. v. Lowell S. Dunn and Betty S. Dunn
  693 So. 2d 1035· Fla. 3d DCA· 1997-05-14 ·cited 2×
  Dade County appeals a temporary injunction order that prevented property owners from removing asphalt from a public road but failed to require restoration of damaged pavement. The court held that the trial judge abused her discretion by not immediately ordering the defendants to
• Mem'l Health Sys., Inc. v. Halifax Hospice, Inc.
  689 So. 2d 373· Fla. 1st DCA· 1997-02-26 ·cited 2×
  Memorial Health Systems appealed an order striking its motion to dissolve a temporary injunction that prevented the Agency for Health Care Administration from issuing MHS a hospice license. The court held that a license applicant not named as a party defendant has standing to mov
• Brassie Golf Corp. v. Bryan Strong for the UA Canadian Pipeline Indus. Nat'l Pension Fund & the Edmonton Pipe Indus. Pension Tr. Fund
  696 So. 2d 794· Fla. 2d DCA· 1997-02-12 ·cited 2×·via Temporary Injunctive Relief
• Goslin v. Glenfed Brokerage Servs.
  683 So. 2d 620· Fla. 2d DCA· 1996-11-22 ·cited 2×
  Goslin and PaineWebber appealed a trial court order confirming an arbitration award and denying damages for a wrongfully issued injunction. The appellate court reversed and remanded, holding that the trial court erred by pre-emptively denying damages for wrongful injunction witho
• M & A Mgmt. Corp. v. City OF Melbourne
  653 So. 2d 1050· Fla. 5th DCA· 1995-03-31 ·cited 2×·via Motion For Temporary Injunction
  M & A Management Corp. challenged a City of Melbourne ordinance limiting bingo hall operations to two days per week, arguing the ordinance was an invalid zoning change enacted without proper notice procedures. The court affirmed the denial of the temporary injunction, holding tha
• Consol. Pre-Stressed Concrete, Inc. v. Cnty. OF Volusia
  633 So. 2d 541· Fla. 5th DCA· 1994-03-11 ·cited 2×
  The court held that the temporary injunction was improperly granted with respect to the Land Development Code, Ordinance No. 88-3, as it was not an issue raised by the County.
• Rolling v. State
  630 So. 2d 635· Fla. 1st DCA· 1994-01-06 ·cited 2×
  A temporary injunction to secure a statutory lien on the proceeds of a crime is improper before a conviction, as the right to the lien is contingent upon that future event.
• Sasser Funeral Home, Inc. v. McCLELLAN
  627 So. 2d 1304· Fla. 1st DCA· 1993-12-10 ·cited 2×
  Sasser Funeral Home appealed a partial temporary injunction order against former funeral home owners Charles and Barbara McClellan, who opened a competing business allegedly in violation of a non-competition clause. The court reversed and remanded, finding the key contractual ter
• Barberio-Powell v. Bernstein Leibstone Assocs., Inc.
  624 So. 2d 383· Fla. 4th DCA· 1993-09-22 ·cited 2×
  The Florida Fourth District Court of Appeal reversed a temporary injunction prohibiting a former employee from soliciting her former employer's customers, finding the employer failed to demonstrate the irreparable harm necessary to justify such an injunction. The court held that