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

• Albright v. Union Bankers Ins.
  85 F. Supp. 2d 1302· S.D. Fla.· 1999-07-19
  State law claims related to an employee welfare benefit plan are preempted by ERISA if the plan qualifies as an ERISA plan.
• Seminole Ent., Inc. v. Seminole Cnty.
  740 So. 2d 68· Fla. 5th DCA· 1999-07-09
  The court reversed the trial court's denial of a temporary injunction, holding that the City of Casselberry's ordinance permitting regulated nudity in adult entertainment establishments prevails over Seminole County's prohibition under the Home Rule Charter's conflict provision.
• Prager v. A-Freedom Bail Bonds
  735 So. 2d 586· Fla. 1st DCA· 1999-06-25
• City OF Edgewood v. MCR Dev. Co.
  734 So. 2d 588· Fla. 5th DCA· 1999-06-18
  The court held that the trial court correctly dissolved the temporary injunction because the city lacked jurisdiction over the road on the relevant date.
• Dep't OF Cmty. Affairs v. Marion Cnty.
  734 So. 2d 1147· Fla. 5th DCA· 1999-05-28
  The Department of Community Affairs appealed the denial of its motion for a temporary injunction against Marion County's moratorium on manufactured building permits in the R-1 zoning district. The court affirmed the denial, holding that the trial court did not abuse its discretio
• Boca Raton Towing, Inc. v. Boca Raton Towing & Recovery, Inc.
  729 So. 2d 531· Fla. 4th DCA· 1999-04-14
  Appellate court affirmed finding of indirect civil contempt for willful violation of temporary injunction but vacated the $5,000 fine for lack of proper basis under the coercion or compensation standards.
• Dep't OF Hwy. Safety v. Sylvie Marie Parsons
  719 So. 2d 339· Fla. 5th DCA· 1998-09-11
  A circuit court, sitting in its appellate capacity to review a license suspension, lacks the inherent power to order the Department of Highway Safety and Motor Vehicles to issue a hardship license.
• Fausto S. Capella v. The Coleman Inst.
  707 So. 2d 1210· Fla. 4th DCA· 1998-04-15
• NEW Mount Moriah Missionary Baptist Church, Inc. v. Reverend Charles L. Dinkins
  708 So. 2d 972· Fla. 3d DCA· 1998-03-18
  The court held that the Board of Deacons' vote to dismiss the pastor was the sole action required, and the subsequent membership vote did not invalidate the dismissal.
• Deckinger v. Exp. Dev. Corp.
  701 So. 2d 670· Fla. 4th DCA· 1997-11-26
• Shahan v. Listle
  703 So. 2d 1090· Fla. 2d DCA· 1997-10-17 ·via Motion For Temporary Injunction
  An attorney's fee award under section 57.105 is improper when the underlying complaint raises justiciable issues, even if ultimately defeated by waivable defects.
• Bellamy v. Benard A. Miraglia
  698 So. 2d 365· Fla. 4th DCA· 1997-08-20
  In a post-divorce custody dispute, the Fourth District Court of Appeal reversed in part an order denying a motion to dissolve a temporary injunction that prevented the mother from relocating to Texas, holding that the injunction was improperly entered based solely on unsworn docu
• Mora v. Karr
  697 So. 2d 887· Fla. 4th DCA· 1997-06-25
  The Moras and Moores sought a temporary injunction to stop Karr from violating deed restrictions on his property, but the trial court denied the motion. The appellate court affirmed, holding that the Moras had waived the restrictions and the Moores waited too long to seek relief.
• Playtime OF Brevard, Inc. v. Bd. OF Cnty. Comm'rs OF Brevard Cnty.
  687 So. 2d 954· Fla. 5th DCA· 1997-02-14
  Playtime sought attorney's fees under Florida Statute 57.105 after obtaining a mandamus order requiring Brevard County to issue an adult entertainment license. The court affirmed the denial of attorney's fees, holding that the County's defenses were not frivolous because the tria
• Guar. Title & Tr. Co. & T.A. Title Ins. Co. v. First Guar. Title & Escrow OF Fla., Inc.
  684 So. 2d 219· Fla. 3d DCA· 1996-11-20
  Title insurance companies appealed an interlocutory order dissolving a temporary injunction, discharging a receiver, and transferring their action to Broward County. The appellate court reversed the transfer and dissolution of the injunction, finding the trial court abused its di
• The Fla. Bar re Amendments to Rules Regulating the Fla. Bar (proceedings Before a Referee)
  685 So. 2d 1203· Fla.· 1996-06-27
  The Florida Bar petitioned the Florida Supreme Court to amend Rule 10-7.1 to allow courts to order unlicensed practitioners to pay restitution and costs to complainants in civil injunctive relief cases. The Court declined the restitution amendment but approved provisions for taxi
• Fla. Truck Dock Co. v. Monroe
  659 So. 2d 1363· Fla. 5th DCA· 1995-09-08
  The court held that while an injunction against working for a competitor was properly denied, an injunction against soliciting customers was warranted.
• Azure Tides, Inc. v. Thirteen Thirty BEN Franklin, Inc.
  658 So. 2d 1127· Fla. 2d DCA· 1995-07-28 ·via Temporary Injunction Requirements
  Azure Tides, Inc. appealed a temporary injunction requiring the resort owners to allow the beach bar's customers to use the resort's restrooms. The court reversed the injunction, holding that the bar owner failed to establish a clear legal right to the relief at the preliminary s
• Beate Kittel-Glass v. Oceans Four Condo. Ass'n
  648 So. 2d 827· Fla. 5th DCA· 1995-01-06
  This case involves a condominium owner who challenged a final judgment that awarded the condominium association injunctive relief and monetary damages. The appellate court reversed the judgment, finding that the owner was not properly charged with the number of violations for whi
• Richard v. Behavioral Healthcare Options, Inc.
  647 So. 2d 976· Fla. 2d DCA· 1994-12-14 ·via Temporary Injunction Requirements
  The court affirmed the granting of a temporary injunction but reversed the bond amount and remanded for further proceedings to determine the bond and enter a proper order with factual findings.
• Reed v. Quatkemeyer
  647 So. 2d 172· Fla. 2d DCA· 1994-06-24
  Expelled members of the Fraternal Order of Eagles sought to enjoin enforcement of their expulsion. The court reversed the injunction, holding that courts will not interfere with fraternal organization disciplinary decisions absent a property interest, fraud, or bad faith.
• The Travelers Ins. Co. v. Conley
  637 So. 2d 373· Fla. 5th DCA· 1994-06-03
  A court of equity may enjoin threatened criminal acts if grounds for an injunction otherwise exist, such as irreparable injury and inadequate legal remedy.
• ZUR v. Yarone Degani
  629 So. 2d 244· Fla. 3d DCA· 1993-12-14 ·via Temporary Injunction Requirements
  Rafael Zur appeals the trial court's denial of his motion to dissolve a temporary injunction preventing the sale of a rare World War II fighter aircraft (F-4U Corsair). The appellate court affirmed the injunction, finding that the original owner Wirth satisfied all three requirem
• Jozie Felicella v. Pamper ME Nail & Fashion Boutique, Inc.
  623 So. 2d 861· Fla. 4th DCA· 1993-09-15
  The court reversed a temporary injunction against a former employee for violating a non-competition clause because the enforceability of the contract was questionable due to the employee's minority when executed and unresolved ratification issues.
• State v. Calhoun Cnty.
  613 So. 2d 605· Fla. 1st DCA· 1993-02-12
  The Florida Department of Administration's Division of Retirement appealed a temporary injunction granted to Calhoun County. The court reversed the injunction for two specific time periods, finding the county failed to satisfy the legal requirements for obtaining a temporary inju
• In re Guardianship OF Delphene Wengatz Brown v. Coppock
  611 So. 2d 1342· Fla. 4th DCA· 1993-01-13
  The court held that the lower court had jurisdiction over the trustee and that the evidence supported the issuance of a temporary injunction.
• The Dolphin Project, Inc. v. Ocean World, Inc.
  610 So. 2d 733· Fla. 4th DCA· 1992-12-30
• Reverend Lavern G. Franzen v. Reverend George E. Poulos, Jr.
  604 So. 2d 1260· Fla. 3d DCA· 1992-09-08
  A Florida court reversed a temporary injunction that restricted voting eligibility at a congregational meeting to remove an evangelical Lutheran minister. The court held that the First Amendment prohibits civil courts from intervening in the internal governance disputes of hierar
• Donzi Marine Corp. v. Roscioli Int'l, Inc.
  596 So. 2d 146· Fla. 4th DCA· 1992-03-18
  The court held that the trial court erred in issuing a temporary injunction that prohibited the defendant from initiating legal action to collect on a promissory note or foreclose on assets.
• Diaz v. Timkee
  589 So. 2d 1020· Fla. 3d DCA· 1991-11-26
  The court held that the temporary injunction was carefully drawn and did not unduly restrict the appellant's freedom of movement, and that it lacked jurisdiction to review non-final orders.
• Lipper v. Kann
  582 So. 2d 815· Fla. 4th DCA· 1991-07-24
  Arthur Lipper III appealed the denial of his motion to dissolve a temporary injunction, challenging the trial court's erroneous limitation of the burden of proof required to maintain the injunction. The appellate court held that the trial court incorrectly required only proof of
• C.R. and S.R. v. E. _
  573 So. 2d 1088· Fla. 5th DCA· 1991-02-14 ·via Temporary Injunction Requirements
• Metro. Dade Cnty. v. Eisenberg
  567 So. 2d 1021· Fla. 3d DCA· 1990-10-09
  Dade County appeals a temporary restraining order that prevented the ARTS (Airport Region Taxicab Service) lottery from proceeding after the County extended the application deadline from Sunday, July 15 to Monday, July 16, 1990, resulting in a substantial increase in applications
• Warten v. Caguas Cent. Fed. Sav. Bank of Puerto RICO
  567 So. 2d 42· Fla. 3d DCA· 1990-09-25 ·via Temporary Injunction Requirements
  The Third District Court of Appeal affirmed a temporary injunction issued in supplementary proceedings to execute on an unsatisfied judgment. The court held that the trial court properly issued the injunction to prevent dissipation of assets and that the plaintiff had shown a lik
• Janine Turner v. Grips W., Inc.
  565 So. 2d 874· Fla. 4th DCA· 1990-08-15
  Grips Western, a feed store, sought an ex parte temporary injunction to prevent Turner from removing two horses from the court's jurisdiction to secure a debt for feed and supplies. The Fourth District Court of Appeal reversed, holding that the feed store did not qualify for a st
• S. Fla. Water Mgmt. Dist. v. City OF ST. Cloud
  555 So. 2d 1328· Fla. 5th DCA· 1990-02-01
  The Fifth District Court of Appeal clarified its prior order regarding attorney's fees awards in two consolidated appeals involving the City of St. Cloud and the South Florida Water Management District. The court awarded attorney's fees under the Environmental Protection Act but
• Pinellas Cnty. v. Seminole Lake Country Club Ests. Homeowners Ass'n, Inc.
  555 So. 2d 883· Fla. 2d DCA· 1989-12-27
  The court held that the trial court erred in denying the County's motion to dissolve a temporary injunction.
• State of Fla. on the Relation of Bill Chappell, Jr. v. Martinez
  536 So. 2d 1007· Fla.· 1988-12-08 ·via Temporary Injunctive Relief
  An unsuccessful Congressional candidate sought mandamus relief to exclude votes from Flagler County based on a statutory deadline, arguing the county's late certification should result in the county's votes being disregarded. The Florida Supreme Court held that substantial compli
• U.S. Block Corp. v. U.S.B. Acquisition Co., Inc.
  532 So. 2d 46· Fla. 4th DCA· 1988-09-28 ·via Temporary Injunction Requirements
• Lawrence v. Knowles
  533 So. 2d 796· Fla. 4th DCA· 1988-09-28
• Moishe's Inc. v. Moishe's Steak House & Seafood, Inc.
  528 So. 2d 519· Fla. 4th DCA· 1988-07-20
  Moishe's Inc., a Montreal restaurant operating for over 50 years, appealed the denial of a temporary injunction against a North Miami Beach restaurant using a similar name and logo. The court affirmed the denial, finding insufficient evidence of trademark infringement because the
• Dep't OF Corr. v. Croce
  520 So. 2d 695· Fla. 4th DCA· 1988-03-02
  The court held that a temporary injunction was improperly granted because the appellee failed to exhaust administrative remedies and did not demonstrate irreparable harm or lack of adequate legal remedies.
• Beeler v. State
  513 So. 2d 710· Fla. 1st DCA· 1987-09-17
  The Florida First District Court of Appeal reversed the trial court's denial of motions to dissolve a temporary injunction and appointment of a receiver that were granted without notice to the appellants in a securities fraud investigation. The court held that the State failed to
• Ins. Corp. OF Am. v. State
  509 So. 2d 1235· Fla. 4th DCA· 1987-07-08
• Bentley v. Levine
  507 So. 2d 1204· Fla. 4th DCA· 1987-06-03
  The court held that a temporary injunction was improperly granted when the complaint sought only money damages and lacked a prayer for equitable relief.
• Lloyd Citrus Trucking, Inc. v. Treesweet Prods., Inc.
  53 F. Supp. 1009· S.D. Fla.· 1987-03-10
  The court held that citrus fruit and products are not covered by Fla.Stat. § 713.62, and therefore, the plaintiff failed to state a cause of action for lien foreclosure or injunctive relief.
• Condos. ON the Intracoastal Ass'n, Inc. v. Barnett Bank OF Palm Beach Cnty.
  502 So. 2d 84· Fla. 4th DCA· 1987-02-11
  The court held that a temporary injunction was improperly granted because the alleged injury was speculative and contingent, and the mortgagee failed to prove the essential elements for such relief.
• Jacksonville Elec. Auth. v. Beemik Builders & Constructors, Inc.
  500 So. 2d 329· Fla. 1st DCA· 1986-12-30
• Clemente v. B & B Chem. Co., Inc.
  480 So. 2d 257· Fla. 3d DCA· 1985-12-31 ·via Temporary Mandatory Injunction
  The Florida District Court of Appeal reversed two non-final injunctive orders issued by the trial court in an environmental enforcement action brought by Dade County's DERM against B & B Chemical Company and its officers. The court held that the trial court lacked authority to en
• Dep't OF Prof'l Reg. & the Bd. of Psychological Exam'rs v. The Fla. Psychological Practitioners Ass'n
  461 So. 2d 198· Fla. 1st DCA· 1984-12-13 ·via Temporary Injunction Requirements
  The Department of Professional Regulation and Board of Psychological Examiners appealed an interlocutory order granting a preliminary injunction against enforcement of Chapter 490, Florida Statutes, which regulated the practice of psychology and related professions. The court aff