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
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Fla. 1st DCA·
2020-08-31
This case concerns an appeal by state officials regarding a lower court's decision to vacate an automatic stay on an emergency order related to school reopening during the COVID-19 pandemic. The appellate court found the lower court abused its discretion by vacating the stay, rei
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Fla. 3d DCA·
2020-06-03
This case consolidates two appeals concerning the maintenance and development of condominium community property. The court affirmed the trial court's decisions regarding maintenance assessments and the interpretation of development agreements, finding no abuse of discretion or re
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Fla. 1st DCA·
2020-05-20
The appellate court affirmed the trial court's denial of a temporary injunction. The court found that while the plaintiff might have a valid claim, monetary damages were an adequate remedy, making the extraordinary relief of an injunction unnecessary at this stage.
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Fla. 5th DCA·
2020-03-20
A trial court abuses its discretion by dismissing a complaint with prejudice without allowing amendment when the record does not clearly show that amendment would prejudice the opposing party, abuse the privilege to amend, or be futile.
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S.D. Fla.·
2020-03-19
The court granted a preliminary injunction, finding a substantial likelihood of success on the merits of the breach of contract claim due to the violation of an enforceable non-compete agreement.
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Fla. 3d DCA·
2019-09-25
A trial court does not abuse its discretion in denying a temporary injunction when the moving party fails to establish a clear legal right to relief and irreparable harm, and when adequate remedies at law exist for quantifiable damages such as lost rental income.
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Fla. 2d DCA·
2019-05-03
The trial court's order denying the emergency motion to compel compliance and for contempt is a non-final, non-appealable order subject to dismissal for lack of jurisdiction, while the trial court's order imposing a temporary injunction freezing assets is affirmed without prejudi
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273 So. 3d 1100·
Fla. 3d DCA·
2019-05-01
An injunction order that fails to specify the reasons for its entry and to describe in reasonable detail the acts restrained violates Florida Rule of Civil Procedure 1.610(c) and is therefore defective and must be reversed.
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270 So. 3d 406·
Fla. 4th DCA·
2019-04-03
The Office of the Attorney General sued Nationwide Pools for deceptive trade practices and credit card surcharges, obtaining consent judgments against the defendants. Seventeen months later, defendants moved to vacate the judgments arguing due process violations based on ex parte
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264 So. 3d 1143·
Fla. 5th DCA·
2019-02-22
The appellate court affirmed the dissolution of a temporary injunction against a homeowners association but reversed the order compelling binding arbitration. The court found the injunction dissolution was proper due to suspicious notice irregularities, but the arbitration order
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267 So. 3d 1·
Fla. 4th DCA·
2019-02-20
Under FDUTPA section 501.207(1)(b), an enforcing authority seeking injunctive relief is not required to plead actual damages; it need only demonstrate a substantial likelihood of success on the merits by showing the practice was likely to deceive a reasonable consumer.
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263 So. 3d 240·
Fla. 3d DCA·
2019-01-23
The appellate court reviewed a trial court's order granting a temporary injunction against a construction company (WD) for trespassing on a neighboring property owner's (Dan Trust) land. The primary issue was whether the injunction also covered airspace trespass by a tower crane.
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263 So. 3d 240·
Fla. 3d DCA·
2019-01-23
A temporary injunction order does not enjoin airspace trespass where the issue was neither pleaded in the complaint nor presented as evidence at the hearing, and a trial court cannot grant injunctive relief sua sponte for unpled claims.
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263 So. 3d 240·
Fla. 3d DCA·
2019-01-23
This case concerns a temporary injunction granted to Dan Trust (Dan) against WD 19790, LLC (WD) for trespassing on Dan's vacant lot. The appellate court reversed the portion of the injunction that was interpreted to include airspace trespass by a tower crane, finding it was neith
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259 So. 3d 315·
Fla. 1st DCA·
2018-12-18
A domestic violence injunction cannot be extended without a factual basis showing violence between the parties.
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259 So. 3d 988·
Fla. 5th DCA·
2018-11-30
Clare Greenshields appeals orders discharging a lis pendens on her Merritt Island home but restricting proceeds from its sale, and denying her request to dissolve an injunction or require posting of a bond. The Fifth District reversed, holding that the trial court erred in requir
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253 So. 3d 983·
Fla.·
2018-09-27
The Court amended Florida Probate Rule 5.025 to include proceedings for injunctions under section 825.1035, Florida Statutes, as adversary proceedings and exempted such proceedings from the formal notice requirements of rule 5.025 because the statute provides its own notice and s
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An ex parte emergency injunction may be issued without initially setting a bond, but the trial court must remand for an evidentiary hearing to determine the appropriate bond amount after both parties have an opportunity to present evidence.
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Fla. 4th DCA·
2018-08-24
A candidate for judicial office may appear on the ballot under a hyphenated form of his name absent evidence of fraudulent intent to deceive voters or create confusion with another candidate. The appellant failed to establish the elements required for a temporary injunction, part
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247 So. 3d 720·
Fla. 2d DCA·
2018-07-06
An appeal becomes moot when a change in circumstances occurs making it impossible for the court to provide effectual relief.
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246 So. 3d 1161·
Fla.·
2018-06-21
The Florida Supreme Court amended Form 12.980(b)(1), an order setting hearing on petitions for injunctions for protection against domestic violence, repeat violence, dating violence, sexual violence, and stalking. The amendment clarifies courts' obligations to record domestic vio
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250 So. 3d 94·
Fla. 4th DCA·
2018-06-13
Premier Compounding Pharmacy, Inc. successfully obtained a permanent injunction against employee Eric Larson for violating a non-compete agreement and subsequently moved for attorney's fees under the employment contract's Paragraph 12. The trial court denied the fees, reasoning t
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The FWC was entitled to summary judgment on the property owners' takings claims because they failed to allege either a permanent physical occupation of their land or complete deprivation of all economically beneficial use, as required to state a legally sufficient inverse condemn
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236 So. 3d 498·
Fla. 1st DCA·
2018-01-26
A trial court does not abuse its discretion by denying a stay of civil injunction proceedings based on Fifth Amendment concerns when a related criminal case is pending, as no constitutional requirement mandates such a stay absent special circumstances.
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A hospital seeking a temporary injunction against a competitor's provisional trauma center operation must establish all four elements for injunctive relief with competent, substantial evidence, and failure to prove any element is fatal to the motion. The Department of Health may
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224 So. 3d 863·
Fla. 2d DCA·
2017-08-16
The appellate court affirmed the trial court's decision to deny a motion to dissolve a temporary injunction. The injunction was granted against a former employee accused of breaching restrictive covenants in his employment agreement. The court found no abuse of discretion in the
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220 So. 3d 562·
Fla. 5th DCA·
2017-06-16
Janie Lerma-Fusco, as personal representative of her deceased husband Franco Fusco's estate, appealed orders setting aside a strike of creditors' claim and granting a temporary injunction freezing estate assets. The Fifth District Court of Appeal dismissed the first appeal as non
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209 So. 3d 67·
Fla. 3d DCA·
2016-12-21
The court held that the trial court did not err in granting a temporary injunction and imposing specific terms, as the parties' unambiguous Resale Agreement contained an exclusive forum selection clause that the appellant violated by filing suit in the Dominican Republic.
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A condominium association's board of directors cannot unilaterally postpone a duly scheduled election; such a postponement requires a vote of the total voting interests.
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207 So. 3d 331·
Fla. 3d DCA·
2016-11-23
Aligned Bayshore Marina appeals a trial court's temporary injunction order. The court quashes the injunction because it fails to comply with Florida Rule of Civil Procedure 1.610, specifically by lacking required factual findings explaining the reasons for entry and failing to re
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204 So. 3d 547·
Fla. 1st DCA·
2016-11-02
The court held that assessments for non-recurring legal and engineering fees, adopted through an amended budget process, were properly classified as 'special assessments' requiring adherence to specific statutory procedures.
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197 So. 3d 1139·
Fla. 5th DCA·
2016-06-24
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190 So. 3d 685·
Fla. 3d DCA·
2016-04-27
Florida appellate court reversed a temporary domestic violence injunction because the trial court failed to comply with statutory requirements by issuing a fixed-term temporary injunction without scheduling a required future hearing or making findings, and because Florida law doe
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170 So. 3d 946·
Fla. 2d DCA·
2015-07-31
The appellate court affirmed in part and reversed in part the trial court's order regarding a motion for temporary injunction to enforce a restrictive covenant, where one party challenged the denial of the injunction and the other challenged its partial granting.
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162 So. 3d 964·
Fla.·
2015-04-23
The Florida Supreme Court adopted amendments to the approved family law form 12.980(n) for petitions seeking injunctions for protection against dating violence. The amendments clarify the statutory requirements for standing and the evidence needed when a parent or legal guardian
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161 So. 3d 501·
Fla. 2d DCA·
2014-08-01
The court held that the trial court erred in dismissing a third petition for a temporary injunction for domestic violence without affording the petitioner preliminary procedural due process.
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142 So. 3d 856·
Fla.·
2014-07-03
The Florida Supreme Court adopted amendments to two approved family law forms—Form 12.980(b)(1) and Form 12.980(u)—to clarify findings required when denying ex parte temporary injunctions and to remove a mandatory treatment provision from stalking injunction forms. This administr
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123 So. 3d 124·
Fla. 5th DCA·
2013-10-11
Former Wife appeals the trial court's denial of her petition to relocate with the child to Indiana. The court affirmed, finding that Former Wife failed to prove relocation was in the child's best interest and demonstrated a pattern of disregarding court orders and interfering wit
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118 So. 3d 238·
Fla. 3d DCA·
2013-07-10
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Mollie McKinnon, trustee of an irrevocable living trust, appealed from a trial court's denial of her motion to set aside a temporary injunction that froze all trust assets. The appellate court affirmed, holding that McKinnon forfeited her right to challenge the injunction by fail
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This case addresses when counsel must be appointed for an alleged incapacitated person under Florida guardianship law. The court held that counsel must be appointed at the same time an emergency temporary guardian is appointed, though the trial court's failure to do so did not ri
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The court held that a party seeking a temporary injunction must demonstrate specific findings, which the trial court failed to do.
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108 So. 3d 1151·
Fla. 5th DCA·
2013-03-15
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93 So. 3d 194·
Fla.·
2012-06-07
The Florida Supreme Court approved amendments to twenty-four family law forms relating to domestic, repeat, dating, and sexual violence injunctions. The amendments update language to comply with disability accommodations rules, remove unnecessary personal information requests, cl
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Allograft Innovations appeals a temporary injunction prohibiting use of TissueNet's alleged trade secrets in chemical cleaning protocols for tissue sterilization. The court reversed the injunction, finding TissueNet failed to prove that Allograft Innovations used the same specifi
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86 So. 3d 527·
Fla. 5th DCA·
2012-03-30
Dr. Farmer appealed a temporary injunction enforcing a non-compete agreement that prohibited her from owning or operating a veterinary business within a 30-mile radius of her former employer's office. The court reversed, holding that the non-compete clause restricted only the loc
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84 So. 3d 1113·
Fla. 3d DCA·
2012-03-21
Harambam Congregation appeals the dissolution of a temporary injunction granted against Simcha Connection, Inc. The court holds that Simcha's filing of a motion to dissolve, rather than an immediate appeal, rendered moot all issues regarding prior notice, including the movant's f
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The Third District Court of Appeal affirmed a trial court's grant of a temporary injunction removing defendants from their positions at a local chapter of a Chinese merchants association and reinstating the plaintiff as co-president. The court upheld the injunction after defendan
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800 F. Supp. 2d 1169·
M.D. Fla.·
2011-07-06
CFBP, a borrower under a mortgage and security agreement with U.S. Bank, sought recovery of $7.8 million in insurance proceeds following a February 2008 fire that damaged its industrial warehouse property. The dispute centered on whether the Bank breached the agreement by unreaso
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59 So. 3d 1156·
Fla. 5th DCA·
2011-02-04
The Seminole County School Board appealed a trial court's grant of a temporary injunction allowing a transfer student to participate in interscholastic wrestling despite being declared ineligible under FHSAA bylaws. The appellate court reversed, finding multiple procedural and su