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

• The Univ. OF Miami v. Anscher
  34 So. 3d 50· Fla. 3d DCA· 2010-03-10 ·via Temporary Injunction Requirements
• Nine Island Ave. Condo. Ass'n, Inc. v. Siegel
  23 So. 3d 1248· Fla. 3d DCA· 2009-12-02 ·via Temporary Injunctive Relief
  The Florida Third District Court of Appeal reversed a trial court's award of attorney's fees to a condominium unit owner who prevailed in obtaining denial of the association's petition for temporary injunctive relief. The court held that prevailing party fees are premature when t
• Waste PRO OF Fla., Inc. v. Emerald Waste Servs., LLC
  17 So. 3d 916· Fla. 1st DCA· 2009-09-30
• Republican Party OF Miami-Dade Cnty. v. Davis
  18 So. 3d 1112· Fla. 3d DCA· 2009-08-26
  The Republican Party of Miami-Dade County appealed a circuit court injunction requiring it to seat 19 elected executive committee members whom the Party had refused to recognize due to their failure to file a new Party loyalty oath by the qualifying deadline. The appellate court
• Lamour v. Deer RUN Prop. Owners Ass'n, Inc.
  11 So. 3d 446· Fla. 4th DCA· 2009-05-27
  The appellate court affirmed a trial court's decision to grant a temporary injunction, holding that the property owners received adequate notice of the hearing despite their attorney's absence. The court found that notice sent via fax to the attorney's office was legally sufficie
• Adelaida Catalina Bailey v. Bailey
  1 So. 3d 1292· Fla. 4th DCA· 2009-03-06
• Gosum Invs., Inc. v. In re Est. OF Olga Maria Gonzalez Del Riego Sumar
  997 So. 2d 1146· Fla. 3d DCA· 2008-11-26
• The Sch. Bd. OF Miami-Dade Cnty. v. Carralero
  992 So. 2d 353· Fla. 3d DCA· 2008-10-01 ·via Temporary Injunction Requirements
  The School Board of Miami-Dade County appealed a temporary injunction preventing it from barring an employee from school property after he failed a criminal background screening based on a 1996 nolo contendere plea to child abuse. The court reversed because the employee failed to
• Lefebvre v. Weiser
  967 So. 2d 405· Fla. 3d DCA· 2007-10-24
  The Florida Third District Court of Appeal affirmed a trial court's grant of a temporary injunction preventing two sibling co-owners from managing a family corporation due to documented mismanagement, financial improprieties, and harm to the company. The court held that the trial
• Weiss Cap. Mgmt., Inc. v. Crowder
  964 So. 2d 865· Fla. 4th DCA· 2007-09-19 ·via Motion For Temporary Injunction
  Weiss Capital Management appealed an order compelling it to arbitrate a dispute with former investment advisor Wesley Crowder and his new employer Morgan Stanley. The court reversed, holding that WCM had no express arbitration agreement with Crowder and could not be forced to arb
• Barrett v. Barrett
  966 So. 2d 976· Fla. 5th DCA· 2007-08-31
  Brian Patrick Barrett appeals from two injunction orders entered against him based on alleged breach of a Marital Settlement Agreement. The appellate court reversed the temporary injunction for lack of proper procedural requirements and remanded the permanent injunction for corre
• Fabio Botero v. Am's. Latin Prods., Inc.
  962 So. 2d 381· Fla. 5th DCA· 2007-08-03 ·via Temporary Injunctive Relief
• Magner Int'l Corp. v. Zygmunt Brett & Unixcam Grp., LLC
  960 So. 2d 841· Fla. 4th DCA· 2007-07-05 ·via Motion For Temporary Injunction
  Magner International Corp. appealed the denial of its motion for a temporary injunction to enforce a non-compete agreement against former employee Zygmunt Brett. The court reversed, holding that Magner had standing to enforce the non-compete covenant through a valid assignment ex
• Enriquez v. Fla. Parole Comm'n
  952 So. 2d 1241· Fla. 3d DCA· 2007-04-04
  The appellate court reversed the trial court's order barring future filings because the appellant was not afforded due process.
• Hana Sargi v. Ali Hernandez
  939 So. 2d 179· Fla. 3d DCA· 2006-10-05
  Hana Sargi appeals a habeas corpus order requiring her to return their two children to her husband, Ali Hernandez, so he could take them back to Saudi Arabia. The Third District Court of Appeal quashed the writ, holding that habeas corpus relief is improper when there is no prior
• Hadi v. Liberty Behavioral Health Corp.
  927 So. 2d 34· Fla. 1st DCA· 2006-03-29
  Liberty Behavioral Health Corporation challenged the Department of Children and Families' (DCF) Request for Proposals (RFP) specifications for a civil commitment facility for sexually violent predators, arguing that the 1% protest bond requirement was unconstitutional and that it
• Townsend v. Townsend
  920 So. 2d 161· Fla. 1st DCA· 2006-02-03 ·via Temporary Injunction Requirements
  Margaret Townsend appeals a temporary injunction issued to protect partnership assets (a tobacco allotment) from being paid directly to her by the federal government. The First District Court of Appeal reversed and quashed the injunction, holding that the trial court failed to ma
• Spano v. B.B.
  922 So. 2d 227· Fla. 3d DCA· 2005-12-14
  Rosemarie Spano appealed an interim temporary injunction order from the domestic violence division that suspended her visitation rights with her minor daughter. The Florida District Court of Appeal dismissed the appeal as non-appealable but acknowledged that an administrative ord
• Sanchez v. Alviar
  906 So. 2d 1263· Fla. 4th DCA· 2005-07-27
  The Florida District Court of Appeal reversed a domestic violence injunction and custody order because the trial court granted six-month relief without conducting a full evidentiary hearing, violating statutory requirements for domestic violence protection orders.
• Maschino v. Val-Pak Direct Mktg. Sys., Inc.
  902 So. 2d 196· Fla. 2d DCA· 2005-04-08
  The court held that the trial court erred in granting a temporary injunction compelling arbitration because it lacked personal jurisdiction over the defendants and the defendants had already submitted to the dispute resolution procedures.
• Spencer D. LEE, M.D. v. Mark A. Pinsky, M.D., P.A.
  895 So. 2d 1187· Fla. 4th DCA· 2005-02-23
  An employee challenged a temporary injunction enforcing a non-compete clause, arguing the employer materially breached the employment contract by refusing to pay for services rendered. The appellate court agreed, finding substantial evidence of breach and reversed the injunction.
• Godfrey-Aurand v. Ewart Clyde Godfrey
  855 So. 2d 1278· Fla. 3d DCA· 2003-10-15
  Godfrey-Aurand appeals a temporary injunction removing her as trustee of a trust holding income-producing properties and appointing a successor interim trustee. The Florida appellate court affirmed the injunction, finding no due process violation and upholding the trial court's d
• Tobin v. Vasey
  843 So. 2d 376· Fla. 2d DCA· 2003-05-02 ·via Temporary Injunction Requirements
  James Tobin appeals a temporary injunction preventing the North Naples Fire Control and Rescue District from paying him $300,000 in severance compensation. The Florida District Court of Appeal reversed because the circuit court failed to make the four required findings necessary
• Southchase Parcel 45 Cmty. Ass'n, Inc. v. Garcia
  844 So. 2d 650· Fla. 5th DCA· 2003-02-14
  A community association appeals denial of a temporary injunction seeking to reinstate a recalled board of directors. The court affirmed, finding the association was equitably estopped from challenging the validity of a recall election after having settled a prior lawsuit by agree
• Brennan Landinguin and Amy Landinguin v. Jacquelyn Carneal and Blane Carneal
  837 So. 2d 525· Fla. 4th DCA· 2003-02-06
  Parents appealed an order granting their child's grandparents temporary custody and a pick-up order. The court reversed, holding that the grandparents failed to allege sufficient facts establishing the parents' unfitness under Florida law and failed to satisfy the statutory crite
• Bacardi U.S.A, Inc. v. Gallo Wine Distribs., LLC
  829 So. 2d 963· Fla. 3d DCA· 2002-10-30
  Bacardi U.S.A. and MHW, Ltd. appealed a temporary injunction that mandatorily enforced an alleged oral agreement concerning New York State liquor distribution rights. The court reversed, holding that the purported contract was too indefinite to enforce, contrary to New York law,
• Sakura Japanese Steakhouse Inc. v. LIN YAN, Inc.
  827 So. 2d 1105· Fla. 2d DCA· 2002-10-16
  The court held that the trial court erred by denying a request for a temporary injunction without conducting a proper evidentiary hearing.
• Amendments to the Fla. Supreme Court Approved Fam. Law Forms-Domestic Violence Forms
  830 So. 2d 72· Fla.· 2002-10-03
  The Florida Supreme Court amended six family law forms related to domestic violence injunctions to eliminate references to filing fees, consistent with 2002 legislative amendments to Florida Statutes sections 741.30 and 741.2902 that prohibited filing fees in domestic violence ac
• I.C. Sys., Inc. v. Oliff
  824 So. 2d 286· Fla. 4th DCA· 2002-08-21
  The court held that the trial court erred in denying a motion for temporary injunction based on procedural misinterpretations and an incorrect assessment of the adequacy of legal remedies.
• IDS Long Distance, Inc. v. Heiffer
  819 So. 2d 949· Fla. 4th DCA· 2002-06-26
  The court held that while the initial ex parte request for an injunction was improper, the subsequent motion to dissolve rendered the notice issue moot. However, the injunction was correctly dissolved because it was overbroad.
• Brooks v. ST. John's Motor Sales, Inc.
  814 So. 2d 1237· Fla. 5th DCA· 2002-05-03
  Brooks, a minority shareholder and manager of a Toyota dealership, sought injunctive relief under Florida's Automotive Dealer's Day In Court Act after being terminated. The court affirmed the denial of injunctive relief, holding that Brooks was not a "motor vehicle dealer" under
• Chuck A. Melton v. Melton
  811 So. 2d 862· Fla. 5th DCA· 2002-03-28
  The court held that converting a hearing on a motion to quash an injunction into a full evidentiary hearing for permanent injunctive relief without proper notice violated the appellant's due process rights.
• Lara Lynn Suspanic v. Suspanic
  781 So. 2d 482· Fla. 5th DCA· 2001-03-16
  The court held that the former wife is entitled to a stay of the order requiring substance abuse testing and treatment pending appeal.
• Metalmax Cutting Tools, Inc. v. Mil-Tec USA, Inc.
  794 So. 2d 609· Fla. 2d DCA· 2001-01-31
  The court held that while the temporary injunction was properly granted, the trial court erred by setting the bond amount without an evidentiary hearing to allow parties to present evidence on costs and damages.
• In re Amendments to the Fla. Fam. Law Rules of Procedure
  783 So. 2d 937· Fla.· 2000-10-19
  The Florida Supreme Court reviewed and approved proposed amendments to the Florida Family Law Rules of Procedure submitted by the Family Law Rules Committee in its quadrennial report. The Court rejected certain proposals it found problematic while approving others with modificati
• W. Coast-Southern Med. Serv., Inc. v. Sarasota Cnty. Gov't Emergency Servs. Fire Dep't
  766 So. 2d 395· Fla. 2d DCA· 2000-08-11
  West Coast-Southern Medical Service appealed the dismissal of its petition challenging a contract award by the Sarasota County Public Hospital Board to the Fire Department for critical care ambulance services. The court reversed, holding that the trial court abused its discretion
• Ginsberg v. Ginsberg
  757 So. 2d 1262· Fla. 3d DCA· 2000-05-24
  In a post-dissolution dispute, the trial court granted a temporary injunction freezing assets of Fred Steven Ginsberg and his girlfriend Fredlyn Schechtman based on Carla Sontag's claim that Ginsberg owed money under a 1987 Property Settlement Agreement. The appellate court rever
• TOM v. Russ
  752 So. 2d 1250· Fla. 1st DCA· 2000-03-09
  A temporary injunction order must specify the reasons for its entry and support each of the four necessary conclusions with clear, definite, and unequivocally sufficient factual findings. The order must also require a bond unless specific exceptions apply.
• Sunplus Credit, Inc. v. Off. of the Attorney Gen.
  752 So. 2d 1225· Fla. 4th DCA· 2000-02-16
  The court held that the trial court did not err in granting a temporary injunction without notice or a bond, and in denying the motion to dissolve it.
• Cord v. Cord
  750 So. 2d 757· Fla. 2d DCA· 2000-02-04
  The appellate court reversed a trial court's order granting temporary alimony and a temporary injunction because the payor spouse was not given an adequate opportunity to present evidence. The court emphasized the importance of due process in such financial determinations.
• Image Data, L.L.C. v. Sullivan
  745 So. 2d 567· Fla. 5th DCA· 1999-12-10
  Florida appellate court vacated an order dismissing a party from litigation entered ex parte after the case was submitted to the trial judge and an injunction was pending appeal, holding that Rule 1.250(b) does not permit dismissal without court order once a case is submitted for
• Richard R. Lotenfoe, M.D. v. Kye C. Pahk, M.D.
  747 So. 2d 422· Fla. 2d DCA· 1999-12-08
  Dr. Lotenfoe appeals a temporary injunction prohibiting him from competing with his former employer Dr. Pahk within Highlands County for five years. The court reversed the injunction, holding that Pahk failed to prove direct solicitation of existing patients, which is necessary t
• Globe Data Sys. v. Johnson
  745 So. 2d 1101· Fla. 5th DCA· 1999-12-03
  Globe Data Systems appealed the denial of a temporary injunction to enforce a non-competition agreement against former employee Richard Johnson, who began working for Globe's competitor shortly after resigning. The Fifth District Court of Appeal reversed, holding that Johnson's d
• L.B. Trucking & Constr., Inc. v. Halid Ibrahimovic
  751 So. 2d 619· Fla. 4th DCA· 1999-12-01
  Florida appellate court reversed a temporary injunction and receivership order freezing a trucking company's assets, holding that the plaintiff failed to demonstrate irreparable harm and inadequate remedy at law required for such extraordinary relief.
• Mosley v. King
  743 So. 2d 643· Fla. 1st DCA· 1999-11-17
  The court affirmed the denial of a motion to dissolve a temporary injunction protecting a church pastor, holding that appellants waived their bond requirement argument by failing to raise it at the time of the injunction's initial issuance in 1997.
• Seminole Elec. Coop., Inc. v. Apalachicola N. R.R. Co.
  744 So. 2d 1158· Fla. 1st DCA· 1999-10-29
• Meyers v. Laurent L. Chartrand
  739 So. 2d 1277· Fla. 5th DCA· 1999-09-03
  Barbara Meyers challenges an order requiring her to post a bond in an interpleader action involving a disputed $300,000 annuity account left to Laurent Chartrand by Meyers' deceased father. The court reverses, holding that no bond is required in an interpleader action to prevent
• Ginsberg v. Ginsberg
  738 So. 2d 1032· Fla. 3d DCA· 1999-08-31
  The court held that the trial court erred in entering a temporary injunction based on an unverified petition and without a bond.
• Lapushinsky v. Campbell
  738 So. 2d 514· Fla. 1st DCA· 1999-08-17
• BAF Commc'ns Corp. v. King
  737 So. 2d 659· Fla. 5th DCA· 1999-08-13