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

• Hall v. Hanford
  66 So. 2d 474· Fla.· 1953-07-17 ·cited 2×
  Hall v. Hanford concerns whether an amended complaint alleging property boundary encroachments sufficiently states a cause of action for injunctive relief, and whether a bond from the first injunction proceeding can secure a second injunction. The Florida Supreme Court held that
• Cavendish Bridge Club v. S. Bell TEL. Co.
  1 Fla. Supp. 186· Dade Cty. Cir. Ct.· 1952-02-01 ·cited 2×·via Temporary Injunction Without Notice
  Cavendish Bridge Club sought an injunction to prevent Southern Bell Telephone Company from removing its telephones based on an Attorney General determination that the club's phone numbers were used for illegal gambling. The court granted the injunction, holding that the Railroad
• Childs v. Ball Bros. Trucking Co., Inc.
  193 F.2d 134· 5th Cir.· 1951-12-20 ·cited 2×
  The court held that the appeal was untimely filed and should be dismissed.
• Smart Commc'ns Holding, Inc. v. Logan
  397 So. 3d 1144· Fla. 2d DCA· 2024-11-22 ·cited 1×
  A temporary injunction was improper because the movant failed to establish irreparable harm lacking an adequate legal remedy, as the defendant had available defenses in pending lawsuits and adequate remedies at law including money damages for employment termination and other clai
• Tower Hotel, LLC v. City of Miami
  395 So. 3d 196· Fla. 3d DCA· 2024-04-24 ·cited 1×
  Three property owners subject to compliance agreements demonstrated a substantial likelihood of success on equitable estoppel claims where the City's delay in issuing building permits rendered compliance functionally impossible, warranting a temporary injunction against demolitio
• Lanigan v. Lanigan
  353 So. 3d 1188· Fla. 4th DCA· 2023-01-18 ·cited 1×·via Temporary Injunction Requirements
• Russel Vessels, JR v. DR. Terrazzo of Fla., LLC
  352 So. 3d 946· Fla. 5th DCA· 2022-12-22 ·cited 1×·via Temporary Injunctive Relief
  A preliminary injunction enforcing a non-compete agreement is not sustainable where the evidence establishes only ordinary on-the-job training in industry-standard practices, as such training does not constitute extraordinary or specialized training sufficient to support a legiti
• Gulf Coast Commercial, LLC. v. KOS Corp.
  351 So. 3d 1212· Fla. 2d DCA· 2022-11-30 ·cited 1×
  The appellate court reversed a trial court's order granting a temporary injunction. The court found that the injunction improperly altered the status quo and granted the ultimate relief sought by the plaintiffs before a full trial on the merits.
• State v. Planned Parenthood of Southwest and Central Florida
  342 So. 3d 863· Fla. 1st DCA· 2022-07-21 ·cited 1×
  The appellate court reviewed a trial court's denial of a motion to vacate an automatic stay of a temporary injunction. The court held that the appellees (abortion clinics and a doctor) lacked standing to seek a temporary injunction because they could not demonstrate irreparable h
• Sec'y of State Cord Byrd v. Black Voters Matter Capacity Bldg. Inst., Inc.
  47 Fla. L. Weekly D1152· Fla. 1st DCA· 2022-06-17 ·cited 1×
  A temporary injunction that grants affirmative relief by requiring implementation of an entirely new, unenacted redistricting plan is unlawful on its face because it exceeds the limited purpose of preserving the status quo pending final adjudication. The trial court abused its di
• Black Voters Matter Capacity Bldg. Inst., Inc. v. Cord Byrd
  340 So. 3d 475· Fla.· 2022-06-02 ·cited 1×
  The all writs doctrine does not authorize the Florida Supreme Court to intervene in an ongoing appellate proceeding when the Court does not currently have jurisdiction and it is speculative whether jurisdiction will exist in the future.
• God's Blessing Ltd. v. Salas
  339 So. 3d 1086· Fla. 3d DCA· 2022-06-01 ·cited 1×·via Motion For Temporary Injunction
  God's Blessing Ltd. and other shipowners appealed a trial court order requiring reinstatement of maintenance and cure payments to crew member Kathy Salas. The appellate court reversed the order, holding that interim maintenance and cure awards in Florida state courts must comply
• THE City of Cocoa v. THE Villas of Cocoa Vill., LLC
  343 So. 3d 122· Fla. 5th DCA· 2022-04-14 ·cited 1×
  An RFP is not a binding contract but an invitation to negotiate; selection of a winning proposer does not transform the RFP into an enforceable contract when the parties have not executed a final agreement containing all essential terms. Without a valid contract, a proposer has n
• Amerigas Propane, Inc. v. Sanchez
  335 So. 3d 1253· Fla. 3d DCA· 2021-11-03 ·cited 1×·via Temporary Injunctive Relief
  AmeriGas Propane appeals a trial court's denial of a motion for temporary injunctive relief against former employee Nelson Sanchez and his new employer Blossman Gas for alleged breach of non-compete and non-solicitation agreements. The appellate court reverses, finding that Ameri
• The Bd. of Cnty. Comm'rs v. Home Builders Ass'n of W. Fla., Inc.
  325 So. 3d 981· Fla. 1st DCA· 2021-07-28 ·cited 1×
  The appellate court affirmed a trial court's order granting a temporary injunction against the collection of school impact fees. The court found that the appellees demonstrated a substantial likelihood of success on the merits and a likelihood of irreparable harm, which are neces
• Fam. Heritage Life Ins. Co. of Am. v. Combined Ins. Co. of Am.
  319 So. 3d 680· Fla. 3d DCA· 2021-03-24 ·cited 1×
  This case involves an appeal by Family Heritage Life Insurance Company and two former employees of Combined Insurance Company against a temporary injunction. The appellate court affirmed the injunction, finding that the trial court properly applied the legal standards for issuing
• Castillo Grand Residences Condo. Assoc. Inc. v. Stern
  304 So. 3d 23· Fla. 4th DCA· 2020-10-21 ·cited 1×·via Temporary Injunction Requirements
  The appellate court reversed a temporary injunction, finding it legally deficient because it failed to specify the factual reasons for its issuance, describe the required actions in detail, and mandate a bond. The court remanded the case for further proceedings to ensure complian
• Howell v. Orange Lake Country Club, Inc.
  303 So. 3d 1009· Fla. 5th DCA· 2020-10-01 ·cited 1×
  The trial court was required to conduct an evidentiary hearing before granting a temporary injunction, even after striking the appellants' pleadings.
• Josie Machovec v. Palm Beach Cnty.
  310 So. 3d 941· Fla. 4th DCA· 2020-06-24 ·cited 1×
  Appellants challenged Palm Beach County's mask mandate (EO-12) as unconstitutional, arguing it violated their right to privacy and the right to refuse medical treatment. The trial court denied their motion for a temporary injunction, applying rational basis review. The appellate
• Jockey Club III Ass'n, Inc. v. Jockey Club Maint. Ass'n, Inc.
  306 So. 3d 185· Fla. 3d DCA· 2020-06-03 ·cited 1×
  This case involves two consolidated appeals concerning property development and maintenance within a condominium community. The court addressed disputes over maintenance assessments and the extent to which a property owner could develop its land under various agreements. Ultimate
• Daila Espeut Jones v. Atlas Ray Jones
  296 So. 3d 965· Fla. 5th DCA· 2020-05-22 ·cited 1×
  The trial court did not abuse its discretion in awarding $500 per month in temporary alimony where both the requesting spouse's need and the paying spouse's ability to pay were supported by competent substantial evidence. The injunctive order directing deposit of funds into an at
• People's Tr. Ins. Co. v. Bravo
  300 So. 3d 314· Fla. 3d DCA· 2020-02-19 ·cited 1×
  The appellate court reversed a trial court's order compelling an insurance company to repair a property, finding that the order, treated as a temporary injunction, was improperly granted without following required legal formalities.
• Kaiser v. Onlymoso USA Corp.
  45 Fla. L. Weekly D74· Fla. 4th DCA· 2020-02-19 ·cited 1×
  A trial court lacks jurisdiction to modify or reimpose an injunction bond order while a stay pending appellate review is in effect.
• Meldrum v. Bergamo-Meldrum
  281 So. 3d 504· Fla. 4th DCA· 2019-10-02 ·cited 1×
  In a dissolution of marriage case, the Fourth District Court of Appeal reviewed four interlocutory orders entered on the same day, including a temporary injunction, temporary relief order, and denials of the husband's motions regarding lis pendens notice and temporary support. Th
• The Fla. House of Representatives v. Florigrown, LLC
  278 So. 3d 935· Fla. 1st DCA· 2019-09-13 ·cited 1×
  The Florida House of Representatives has a cognizable interest in intervening as a defendant in a declaratory action challenging the constitutionality of medical marijuana legislation because the action will determine the scope of the legislature's constitutional authority to ena
• City OF Miami v. Santos
  278 So. 3d 822· Fla. 3d DCA· 2019-08-21 ·cited 1×·via Temporary Injunction Requirements
  The City of Miami appeals a trial court's order that stayed an internal administrative hearing and allowed an employee to bring multiple attorneys, contrary to city procedures. The appellate court reversed, finding the order constituted an improper temporary injunction issued wit
• ST. Brendan High Sch., Inc. v. Magali Neff
  275 So. 3d 220· Fla. 3d DCA· 2019-06-26 ·cited 1×
  A temporary injunction compelling readmission to a private school must be supported by clear, definite, and unequivocally sufficient factual findings addressing all four elements of the test: substantial likelihood of success on the merits, lack of adequate remedy at law, irrepar
• Maldonado v. Buchsbaum
  259 So. 3d 302· Fla. 4th DCA· 2018-11-21 ·cited 1×
  A temporary injunction without notice must strictly comply with Florida Rule of Civil Procedure 1.610, including endorsement of the date and hour of entry and imposition of a bond, or it is defective and must be remanded for correction.
• Data Payment Sys. v. Caso
  253 So. 3d 53· Fla. 3d DCA· 2018-08-01 ·cited 1×
  A trial court seeking to deny a temporary injunction for violation of a non-compete agreement must apply the statutory presumption of irreparable injury under Florida Statute § 542.335(1)(j), and the availability of other causes of action seeking monetary damages does not ipso fa
• ASA Coll., Inc. v. Dezer Intracoastal Mall, LLC
  250 So. 3d 731· Fla. 3d DCA· 2018-06-20 ·cited 1×·via Temporary Injunctive Relief
  ASA College appeals a trial court order denying its motion for temporary injunction against Dezer regarding parking rights, while affirming the court's grant of Dezer's motion to enjoin ASA's college operation. The Third District reversed the denial of ASA's parking injunction ba
• Norton v. Am. Led Tech., Inc.
  245 So. 3d 968· Fla. 1st DCA· 2018-04-30 ·cited 1×
  The Uniform Trade Secrets Act authorizes injunctive relief to protect trade secrets from misappropriation but does not permit courts to enjoin competition generally without a valid non-compete agreement.
• Balmaseda v. Okay Ins. Exch. of Am., LLC
  240 So. 3d 146· Fla. 3d DCA· 2018-03-14 ·cited 1×
  Attorney's fees awarded for success on an interlocutory appeal are only recoverable if the party prevailing on that appeal also ultimately prevails in the trial court. The trial court prematurely awarded fees when the underlying counterclaim remained unresolved.
• Orange Cnty. v. Fla. Ass'n FOR Constitutional Officers, Inc.
  229 So. 3d 867· Fla. 5th DCA· 2017-10-13 ·cited 1×
  The court held that the trial court's order granting a temporary injunction without notice was improper because it failed to comply with Florida Rule of Civil Procedure 1.610.
• Daneisis Lopez v. Perez
  221 So. 3d 1204· Fla. 3d DCA· 2016-11-02 ·cited 1×
  Lopez appeals from three trial court orders in a child custody matter: granting an emergency injunction preventing removal of a minor child, denying her motion to dissolve that injunction, and appointing a guardian ad litem/attorney for the child. The appellate court affirmed the
• CJM P'rs, LLC v. Minerva Di Giacomo
  187 So. 3d 877· Fla. 3d DCA· 2016-02-24 ·cited 1×
  In a dissolution of marriage case, the trial court issued a temporary injunction against third-party defendant CJM Partners, LLC prohibiting asset disposition without posting a bond as required by Florida Rule of Civil Procedure 1.610(b). The Third District Court of Appeal revers
• Evans v. Generic Solution Eng'g, LLC
  178 So. 3d 114· Fla. 5th DCA· 2015-10-30 ·cited 1×·via Motion For Temporary Injunction
  The Florida Fifth District Court of Appeal reversed a trial court's grant of a temporary injunction against defendants Andrew Chinn and X-Tech International based on a non-compete covenant. The court held that the plaintiff failed to present sufficient evidence that enforcement o
• Mossucco v. Aventura Tennis, LLC, Inc.
  147 So. 3d 88· Fla. 3d DCA· 2014-07-30 ·cited 1×
  Appellants sought damages from an injunction bond after the plaintiff voluntarily dismissed its lawsuit seeking to enforce non-compete agreements. The court held that a voluntary dismissal does not automatically constitute a determination that the defendants were wrongfully enjoi
• Chiandusse v. Grannis
  133 So. 3d 591· Fla. 2d DCA· 2014-02-26 ·cited 1×
  The appellate court dismissed the appeal for lack of jurisdiction because the order denying partial summary judgment for a permanent injunction is not an immediately appealable order under the relevant rule.
• Jamil J. Agemy v. Health Bus. Solutions, LLC
  117 So. 3d 896· Fla. 4th DCA· 2013-07-24 ·cited 1×
  The court reversed the trial court's order canceling a hearing on the appellants' motion to dissolve two temporary restraining orders. The court found that the trial court erred in denying the motion without an evidentiary hearing, particularly because the predecessor judge had i
• Blue Earth Solutions v. Fla. Consol. Props., LLC
  113 So. 3d 991· Fla. 5th DCA· 2013-04-12 ·cited 1×
  Blue Earth Solutions appeals a temporary injunction requiring them to restore possession of business premises to Florida Consolidated Properties following an asset purchase agreement dispute. The court reverses, holding that the injunction was legally untenable because the partie
• Rubin v. Addison Reserve Country Club, Inc.
  126 So. 3d 1189· Fla. 4th DCA· 2012-10-10 ·cited 1×
• Fla. Ga. Grove, LLP v. Collier Cnty.
  95 So. 3d 948· Fla. 2d DCA· 2012-08-10 ·cited 1×
  The court held that the circuit court erred in setting a bond amount for a temporary injunction without first holding an evidentiary hearing to determine the appropriate amount.
• Cellco P'ship v. Kimbler
  68 So. 3d 914· Fla. 2d DCA· 2011-06-24 ·cited 1×
  Cellco Partnership (Verizon Wireless) appealed the denial of a temporary injunction against a former Alltel employee who allegedly disclosed customer information to a Sprint competitor. The court affirmed the denial, holding that neither Alltel nor Cellco could enforce the nondis
• Dep't OF Revenue v. Bryant Wardlaw, Jr.
  25 So. 3d 80· Fla. 4th DCA· 2009-12-23 ·cited 1×
  The Department of Revenue appeals a trial court's grant of a temporary injunction abating an administrative child support order while the case was pending appeal to the First District Court of Appeal. The court reversed, holding that the trial court lacked jurisdiction because th
• Palm Beach Cnty. Env't Coal. v. Florida
  587 F. Supp. 2d 1254· S.D. Fla.· 2008-11-18 ·cited 1×·via Temporary Injunctive Relief
  The court denied plaintiffs' motion for temporary injunctive relief because they failed to establish a likelihood of success on the merits and lacked proper service and jurisdiction over defendants. The court also denied the intervenor-defendant's motion in limine as moot.
• Dispoto v. Marion Cnty.
  969 So. 2d 423· Fla. 5th DCA· 2007-11-02 ·cited 1×
  The court held that the trial court did not abuse its discretion in granting a temporary injunction requiring the removal of a radio tower and cessation of radio station operation due to violations of county land development codes.
• Spano v. BB
  947 So. 2d 635· Fla. 3d DCA· 2007-01-24 ·cited 1×
  Florida appellate court reversed a permanent domestic violence injunction against a mother regarding her sixteen-year-old daughter, finding the alleged incidents did not meet the statutory definition of domestic violence and the petitioner lacked reasonable cause to believe she f
• Amendments to Fla. Supreme Court Approved Fam. Law Forms-Sexual Violence Forms
  880 So. 2d 579· Fla.· 2004-07-08 ·cited 1×
  The Florida Supreme Court adopted amendments to Florida Supreme Court Approved Family Law Forms related to injunctions for protection against sexual violence, domestic violence, repeat violence, and dating violence, in response to 2004 legislative amendments to Florida Statutes s
• Fla. High Sch. Athletic Ass'n v. Melbourne Cent. Catholic High Sch.
  867 So. 2d 1281· Fla. 5th DCA· 2004-03-26 ·cited 1×·via Temporary Injunction Requirements
  The Florida High School Athletic Association (FHSAA) appealed a temporary injunction that restored a student athlete's eligibility after he was declared ineligible due to alleged recruiting violations. The appellate court reversed, holding that the student failed to exhaust admin
• Kforce, Inc. v. Kerin Mickenberg
  846 So. 2d 1190· Fla. 4th DCA· 2003-05-21 ·cited 1×
  The court held that the former employee's emails to customers constituted solicitation, creating a presumption of irreparable injury, entitling the employer to a temporary injunction.