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

• Phillips v. Wintter
  835 So. 2d 1283· Fla. 4th DCA· 2003-02-19 ·cited 1×
  A mother appeals a trial court's order granting the father exclusive temporary custody of their minor child based on an ex parte motion. The appellate court reversed, finding no true emergency existed and the evidence was insufficient to support the temporary custody modification
• Intrinsic Values Corp. v. Superintendencia de Administracion Tributaria
  806 So. 2d 616· Fla. 3d DCA· 2002-02-06 ·cited 1×
  The court held that the trial court properly denied the motion to dissolve the temporary injunction because the applicant demonstrated a likelihood of success on a material fraud claim and principles of comity supported the injunction.
• Varveris v. Alberto M. Carbonell, P.A.
  785 So. 2d 576· Fla. 3d DCA· 2001-04-11 ·cited 1×
  The trial court abused its discretion by awarding appellate costs to a party who did not prevail on the significant issues of the appeal.
• State v. SUN Gardens Citrus, LLP
  780 So. 2d 922· Fla. 2d DCA· 2001-01-31 ·cited 1×
  The State Department of Agriculture appealed a trial court's temporary injunction that prohibited destruction of citrus-canker-infected trees and required the Department to treat a lessee as a "property owner" for notice purposes. The appellate court reversed, holding that the De
• Eckerd Corp. v. Corners Grp., Inc.
  786 So. 2d 588· Fla. 5th DCA· 2000-12-29 ·cited 1×
  A restrictive covenant prohibiting use of property as a pharmacy or drug store prohibits use of that property for parking and other facilities that are integral and necessary parts of a competing pharmacy operation located on adjacent unrestricted property, even if the pharmacy b
• Gennaro DeMAIO v. Starr
  791 So. 2d 1116· Fla. 4th DCA· 2000-08-09 ·cited 1×
  The court held that the trial court erred in entering a mutual restraining order without proper pleadings or testimony, violating the appellant's due process rights.
• Resil v. Resil
  755 So. 2d 186· Fla. 3d DCA· 2000-04-12 ·cited 1×·via Temporary Injunction Requirements
• Austin v. MID State Fire Equip. OF Cent. Fla., Inc.
  727 So. 2d 1097· Fla. 5th DCA· 1999-03-05 ·cited 1×
  William Austin appeals a temporary injunction enforcing his non-compete agreement with his former employer, Mid State Fire Equipment. The court affirmed the injunction's bar on soliciting customers and disclosing pricing information but reversed the portion prohibiting Austin fro
• Winter v. Kawasaki
  696 So. 2d 369· Fla. 2d DCA· 1996-12-20 ·cited 1×
  The court held that both the order granting temporary injunction and custody to the husband and the order transferring venue to Duval County were proper and should be affirmed.
• Transamerica Premium Ins. Co. v. Cavalry Constr., Inc.
  552 So. 2d 225· Fla. 5th DCA· 1989-10-05 ·cited 1×
  The court held that while collateral security clauses are enforceable, the party seeking quia timet relief must establish a rational basis for fearing loss.
• Avery Dev. Corp. v. The Vill. BY THE SEA Condo. Apts., Inc.
  539 So. 2d 616· Fla. 4th DCA· 1989-03-22 ·cited 1×
  The appellate court affirmed the trial court's denial of a motion to dissolve a temporary injunction, finding a sufficient basis in the record for the injunction.
• Belancy v. Booth
  400 So. 2d 1268· Fla. 5th DCA· 1981-06-24 ·cited 1×·via Temporary Injunctive Relief
  An incarcerated mother sought custody of her newborn child born while imprisoned, requesting temporary injunctive relief to keep the infant with her in prison. The trial court denied the request and placed the child with the maternal grandmother, and the appellate court affirmed,
• DeLAUGHTER v. The Borden Co.
  431 F.2d 1354· 5th Cir.· 1970-07-06 ·cited 1×
• Wildey v. Wildey
  30 Fla. Supp. 201· Broward Cty. Cir. Ct.· 1968-06-10 ·cited 1×
  In this 1968 Florida divorce case, the circuit court addressed whether a wife could maintain a divorce action in Broward County (Second Circuit) when both parties resided in Palm Beach County (Fifteenth Circuit). The court held that despite Bannerman v. Bannerman's broad language
• McKENDRY v. United States
  219 F.2d 359· 9th Cir.· 1955-01-31 ·cited 1×
  The court held that the appeal from the temporary injunction is moot because the landowners surrendered possession of the property.
• Miami Dade Smart Lighting P'rs, LLC v. Miami-Dade Cnty.
  Fla. 3d DCA· 2026-07-23
  A temporary injunction requires proof of four 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 the public interest.
• Equal Ground Educ. Fund, Inc. v. Sec'y, Fla. Dep't of State
  Fla.· 2026-06-10
  The Florida Supreme Court lacks jurisdiction to grant a constitutional writ to intervene in a First District Court of Appeal's pending appeal of a trial court's order denying a temporary injunction, as the doctrine of all writs does not provide an independent basis for the Court'
• Ruiz v. Public Storage
  Fla. 3d DCA· 2026-06-04
  A temporary injunction is an extraordinary remedy that requires the moving party to demonstrate irreparable injury, absence of an adequate remedy at law, a clear legal right to relief, and that the injunction serves the public interest.
• Corona v. Ave Maria Parish, Inc.
  Fla. 6th DCA· 2026-04-08
  A trial court does not err in denying a motion for temporary injunction without notice when it explicitly permits the movant to schedule a hearing after service of process on the opposing party.
• Bd. of Trs. of the Internal Improvement Tr. Fund v. River Carlton Taylor, Inc.
  Fla. 4th DCA· 2026-03-18
  The Fourth District Court of Appeal reversed a trial court's temporary injunction order regarding proposed changes to real property, finding the written order facially insufficient under Florida Rule of Civil Procedure 1.610(c) and holding that the trial court failed to provide p
• Nat'l Collegiate Athletic Ass'n v. Doctor Bradley
  Fla. 5th DCA· 2026-03-06
  The NCAA appeals a trial court's issuance of a temporary injunction requiring it to grant Doctor Bradley eligibility to compete in college basketball for the 2025-2026 season, waiving the NCAA's Five-Year Rule. The appellate court quashes the injunction, finding the trial court's
• Van Fossan v. Safe Harbor Mgmt. & Advisory, LLC
  Fla. 3d DCA· 2026-01-28
  A trial court does not abuse its discretion in granting a temporary injunction against a former employee for non-compete agreement breach when the employee's violation is supported by competent substantial evidence, because irreparable harm is presumed upon such a breach.
• Milanes v. Hannon
  Fla. 3d DCA· 2025-12-04
  Certiorari review is unavailable to compel a trial court to rule on a pending post-election challenge, and even if reviewable, no irreparable harm exists where post-election remedies under section 102.168, Florida Statutes, could provide adequate relief.
• Caron v. Caron
  Fla. 4th DCA· 2025-11-19
  An ex parte order prohibiting removal or disposal of marital home contents constitutes a temporary injunction that must comply with statutory requirements, including sufficient factual findings, a bond requirement, and an evidentiary hearing on motions to dissolve or modify.
• City of Lauderdale Lakes v. Tinisha Allen
  Fla. 4th DCA· 2025-11-12 ·via Temporary Injunctive Relief
  A trial court exceeds its jurisdiction when it sua sponte raises constitutional challenges and recalculates lien amounts that were not pleaded or argued by the parties, and a defendant waives the right to contest code enforcement fines by failing to appeal the special magistrate'
• Dixon v. Reed
  M.D. Fla.· 2025-09-22
  The court held that a prisoner's transfer moots her claim for injunctive relief related to the prior institution.
• Andraus v. RP I-Drive, LLC
  Fla. 3d DCA· 2025-07-02 ·via Motion For Temporary Injunction
  A trial court does not abuse its discretion in denying a motion for a receiver and temporary injunction when the plaintiff fails to demonstrate a reasonable probability of irreparable injury rather than merely speculative harm.
• FR Aleman & Assocs., Inc. v. Amazia Kiboko
  Fla. 3d DCA· 2025-06-18
  When parties modify a contract through a subsequent agreement on the same subject matter, the later agreement controls to the extent of any repugnancy with the earlier agreement.
• Darron Sanders v. Sanders
  Fla. 5th DCA· 2025-05-09
  A temporary injunction must be reversed when the moving party fails to establish all four required elements—likelihood of irreparable harm, lack of adequate remedy at law, substantial likelihood of success on the merits, and consideration of the public interest—by competent subst
• Perdomo v. In re Est. of Luis Rubi
  Fla. 3d DCA· 2025-03-26 ·via Temporary Injunction Requirements
  Flora Ines Perdomo appeals a nonfinal order granting an amended preliminary injunction in an estate matter. The Third District Court of Appeal reversed because the trial court failed to follow mandatory procedural requirements for issuing a preliminary injunction, including the f
• Williams v. Cook
  Fla. 5th DCA· 2025-03-07
  A temporary injunction order is legally insufficient and must be reversed and remanded when it fails to contain clear and sufficient factual findings supporting each of the four required elements and fails to require a bond, as mandated by Florida Rule of Civil Procedure 1.610(b)
• Natco, LLC v. Carl
  Fla. 5th DCA· 2025-02-07 ·via Temporary Injunction Requirements
  NATCO, LLC appealed a temporary injunction granted in a Circuit Court case against the Carls. The appellees confessed error, and the Fifth District Court of Appeal reversed the injunction order, vacating the temporary injunction.
• Alsaloussi v. Drummond
  Fla. 3d DCA· 2025-01-02
  Mohammed Alsaloussi and Alsaloussi Holdings, LLC appealed a trial court's order granting an emergency temporary injunction that prohibited them from liquidating, selling, or disposing of a 2018 Porsche 911 Turbo Classic pending final judgment. The appellate court affirmed the inj
• Aria Reserve 5005 LLC v. S. Park Tower LLC
  Fla. 3d DCA· 2024-12-18
  A trial court must conduct an evidentiary hearing on a motion for temporary injunction to afford parties procedural due process through fair notice and a meaningful opportunity to be heard.
• Sumit Sawhney, M.D. v. Nw. Med. Ctr., Inc.
  Fla. 4th DCA· 2024-11-27
  Although a trial court properly dismisses a complaint for lack of standing of unincorporated entities and failure to allege individualized harm, it must grant leave to amend where only one amendment has been filed, the opposing party would not be prejudiced, and amendment would n
• DAY v. Hydrologic Distrib. Co.
  Fla. 2d DCA· 2024-11-15
  Former employees of Hydrologic Distribution Company appeal a trial court's grant of a temporary injunction preventing them from competing with their former employer and soliciting its customers and employees. The appellate court affirmed, holding that Hydrologic established legit
• First Born Again Baptist of N. Miami, Inc. v. First Baptist Church of Greater Miami
  Fla. 3d DCA· 2024-09-11 ·via Temporary Injunction Requirements
  First Born Again Baptist appeals from a trial court order granting First Baptist Church of Greater Miami a temporary injunction to restore access to a church property. The court rejected First Born's res judicata defense based on a prior dismissed action and found the injunction
• Kazanjian Consulting LLC v. Exafer Ltd.
  S.D. Fla.· 2024-08-09 ·via Temporary Injunction Requirements
  A forum selection clause in an international agreement is presumptively valid and enforceable unless the resisting party makes a strong showing that enforcement would be unreasonable.
• Walker v. Cape Food Props., LLC
  Fla. 1st DCA· 2024-07-31 ·via Temporary Injunctive Relief
  A trial court must make clear, definite, and unequivocally sufficient factual findings addressing all four elements of temporary injunctive relief, including irreparable harm, or the injunction order must be reversed and remanded.
• 92 On The Bay, LLC v. The River Front Master Ass'n, Inc.
  Fla. 3d DCA· 2024-06-26 ·via Temporary Injunction Requirements
  92 On The Bay, LLC, the winning bidder at a tax deed auction, appealed a temporary injunction granted to The River Front Master Association, Inc., preventing the appellant from taking title to a parcel deemed a common area of a planned community. The Third District Court of Appea
• 92 On The Bay, LLC v. The River Front Master Ass'n, Inc.
  Fla. 3d DCA· 2024-06-26
  92 On The Bay, LLC, the winning bidder at a tax deed auction, appeals a temporary injunction granted to The River Front Master Association, Inc., preventing the sale of property deemed a common area of a planned community. The court affirmed the injunction, finding no abuse of di
• In re Amendments to the Fla. Supreme Court Approved Fam. Law Forms—12.980(a)
  Fla.· 2024-06-20
  The Court amended nine Florida Supreme Court Approved Family Law Forms by removing language requiring notary verification in accordance with amendments to sections 741.30, 784.046, and 784.0485, Florida Statutes. The Court also made other changes to improve clarity and promote co
• Xbto Mining, LLC v. Crypto Caverns LLC
  Fla. 3d DCA· 2024-06-19 ·via Temporary Mandatory Injunction
  A trial court does not abuse its discretion in granting a temporary mandatory injunction when the record supports the required elements.
• Avila v. Biscayne 21 Condo., Inc.
  Fla. 3d DCA· 2024-03-13
  Amendments to a condominium declaration that reduce the voting threshold for termination materially alter unit owners' voting rights and cannot be adopted without the 100% approval required by the declaration for amendments affecting voting rights. Unit owners demonstrated a subs
• Chernoff v. City of N. Miami Beach
  Fla. 3d DCA· 2024-01-31
  A quorum does not exist when recused commissioners are excluded from the count, and the 120-day absence period under the City Charter begins on the date of the first missed meeting, not the day after the last attended meeting.
• Offs. at Grand Bay Plaza Condo. Ass'n, Inc. v. Grove at Grand Bay Condo. Ass'n, Inc.
  Fla. 3d DCA· 2023-11-22
  A temporary injunction is defective and reversible when the trial court fails to set a bond as required by Florida Rule of Civil Procedure 1.610(b), and on remand the court must set an appropriate bond after providing all parties an opportunity to present evidence on the proper a
• L&k Creation, LLC v. White Feather Managment, LLC
  Fla. 3d DCA· 2023-10-25
  A trial court has wide discretion to grant or deny a temporary injunction, and an appellate court will not interfere unless the party challenging the decision clearly shows an abuse of that discretion.
• Miami Dade Coll. v. Nader+museu I, LLLP
  Fla. 3d DCA· 2023-10-18
  Courts may offset competing judgments from separate lawsuits when the entry of separate judgments would create an absurd result, such as allowing an insolvent party to collect on a smaller judgment while preventing the other party from collecting on a larger judgment. The right o
• Gary J. Ganiban, M.D. v. James N. McManus, M.D.
  Fla. 5th DCA· 2023-10-13
  This case involves an appeal challenging three trial court orders related to a dispute over the dissolution of medical practice entities. The appellate court dismissed the petition because the issues concerning the status quo orders were moot, and the petition for review of the c
• Gonzalo E. Mendez v. The Bd. of Directors of the Palace Condo. Ass'n, Inc.
  Fla. 3d DCA· 2023-09-20