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

• Am. Fire & Cas. Co. v. Rader
  160 Fla. 700· Fla.· 1948-07-16 ·cited 30×·via Temporary Injunction Without Notice
  The court held that the bill of complaint did not state a case for injunctive relief and that the temporary orders were improperly granted without notice.
• McCall v. Lee
  66 Fla. 14· Fla.· 1913-06-17 ·cited 30×
  The court dismissed an appeal from a contempt order, holding that such orders are not directly appealable. The proper remedy for an allegedly illegal imprisonment due to contempt is habeas corpus.
• Angelino v. Santa Barbara Enters., LLC
  2 So. 3d 1100· Fla. 3d DCA· 2009-02-18 ·cited 29×·via Temporary Injunction Requirements
  Sabrina Angelino appeals the trial court's entry of a temporary injunction and constructive trust imposed in a business dispute involving competing telecommunications companies. The appellate court reversed, finding the injunction lacked specific factual findings, was overly broa
• City OF Cocoa v. Glynn Leffler
  762 So. 2d 1052· Fla. 5th DCA· 2000-07-28 ·cited 29×
  The City of Cocoa appeals a summary judgment ruling that denied its claim for a permanent injunction requiring three employee-inventors to assign their patent rights for a novel bacterial-based hydrogen sulfide removal system developed during their employment. The Florida appella
• Supreme Serv. Station Corp. v. Telecredit Serv. Ctr., Inc.
  424 So. 2d 844· Fla. 3d DCA· 1982-11-23 ·cited 29×
• Stagg Shop OF Miami, Inc. v. Moss
  120 So. 2d 39· Fla. 2d DCA· 1960-04-29 ·cited 29×
  Stagg Shop of Miami, Inc. and Stagg Shop of Coral Gables, Inc. sought to enjoin Albert Moss and Maurice Moss from using the name "Stagg Ltd." for their West Palm Beach men's clothing store. The court affirmed dismissal of the complaint, holding that without proof of actual custom
• Jonjuan Salon, Inc. v. Acosta
  922 So. 2d 1081· Fla. 4th DCA· 2006-03-22 ·cited 28×
  The appellate court held that the trial court abused its discretion in denying the motion for a temporary injunction because the plaintiff likely established a likelihood of success on the merits and irreparable harm.
• Sandstrom v. Sandstrom
  565 So. 2d 914· Fla. 4th DCA· 1990-08-29 ·cited 28×
  A husband appeals a temporary injunction restraining him from selling or disposing of marital assets during divorce proceedings. The Florida appellate court affirmed the injunction, holding that Section 61.11 authorizes courts to enjoin dissipation of marital assets before final
• Korn v. Ambassador Homes, Inc.
  546 So. 2d 756· Fla. 3d DCA· 1989-07-11 ·cited 28×
  Court affirmed temporary injunction freezing assets pending arbitration of constructive trust claim, holding that injunction is proper to preserve the res when dissipation is probable and success on the merits is reasonably likely.
• Int'l Union v. Nat'l Labor Relations Bd.
  449 F.2d 1046· D.C. Cir.· 1971-03-19 ·cited 28×·via Temporary Injunctive Relief
  The dissenting judge argues that the majority's order to fashion monetary relief is improper because the employer's refusal to bargain was based on fairly debatable objections, not flagrant disregard for the law, and compelling agreement or concessions violates statutory policy.
• Cap. City GAS Co. v. Phillips Petroleum Co.
  373 F.2d 128· 2d Cir.· 1967-02-14 ·cited 28×
  The court held that the district court erred in issuing a permanent injunction without proper notice and a full hearing on the merits, and that a temporary injunction was not warranted due to a lack of irreparable injury.
• Millworth Converting Corp. v. Slifka
  276 F.2d 443· 2d Cir.· 1960-03-17 ·cited 28×
  The court held that the defendants' fabric did not infringe the plaintiff's copyright because they did not copy the plaintiff's specific expression of a public domain design.
• Toledo v. Brotherhood OF Railroad Trainmen
  132 F.2d 265· 7th Cir.· 1942-12-16 ·cited 28×
  The dissenting judge argued that the district court lacked jurisdiction because the controversy did not arise under federal law, and alternatively, that the plaintiff forfeited its right to injunctive relief by refusing to arbitrate.
• High v. Jasper Mfg. Co.
  57 Fla. 437· Fla.· 1909-01-01 ·cited 28×
  John High sought an injunction to prevent Jasper Manufacturing Company and B. G. Smith from cutting timber High claimed to own via a deed from C. A. Register. The Florida Supreme Court affirmed the trial court's dissolution of the temporary injunction, holding that Register's con
• Fla. Dep't of Health v. Florigrown, LLC
  317 So. 3d 1101· Fla.· 2021-05-27 ·cited 27×
  The Florida Supreme Court reversed an appellate decision upholding a temporary injunction that blocked enforcement of medical marijuana licensing requirements, holding that Florigrown failed to demonstrate a substantial likelihood of success on the merits of its constitutional ch
• BAY N Gulf, Inc. v. Anchor Seafood, Inc.
  971 So. 2d 842· Fla. 3d DCA· 2007-10-24 ·cited 27×
  Bay N Gulf appealed the trial court's dissolution of a temporary injunction preventing Anchor Seafood from conveying frozen seafood. The court affirmed, holding that a trial court has continuing discretion to dissolve a temporary injunction and that the trial court did not abuse
• Longshore Lakes Joint Venture v. Mundy
  616 So. 2d 1047· Fla. 2d DCA· 1993-03-19 ·cited 27×
  The court affirmed the grant of a temporary injunction but reversed and remanded because the trial court set the injunction bond without allowing the parties to present evidence on the appropriate bond amount.
• Telemundo Media, LLC v. Mintz
  194 So. 3d 434· Fla. 3d DCA· 2016-05-06 ·cited 26×
  The court held that all elements for injunctive relief were satisfied, reversing the trial court's denial of a temporary injunction.
• Concerned Citizens FOR Jud. Fairness, Inc. v. Yacucci
  162 So. 3d 68· Fla. 4th DCA· 2014-09-03 ·cited 26×
  A Florida appellate court reversed a temporary injunction prohibiting an electioneering organization from publishing information about a judicial candidate during a political campaign, holding that the injunction constituted an unconstitutional prior restraint on First Amendment
• Univ. Med. Clinics, Inc. v. Quality Health Plans, Inc.
  51 So. 3d 1191· Fla. 4th DCA· 2011-01-05 ·cited 26×·via Temporary Injunctive Relief
  University Medical Clinics and its president Dr. Sadow appealed a trial court's grant of temporary injunctive relief to Quality Health Plans, a Medicare HMO, preventing them from soliciting QHP members to disenroll and requiring production of medical records. The appellate court
• Vargas v. Vargas
  771 So. 2d 594· Fla. 3d DCA· 2000-11-15 ·cited 26×
  The court held that the trial court did not abuse its discretion in granting the temporary injunction, but the bond amount was inadequate.
• Sanwa Bank, Ltd. v. Shigeru Kato
  734 So. 2d 557· Fla. 5th DCA· 1999-06-04 ·cited 26×·via Motion For Temporary Injunction
  Sanwa Bank appeals a lower court's dismissal of its action against Kato and Florida-based golf course companies on forum non conveniens grounds, and also appeals the denial of a temporary injunction. The appellate court reverses the forum non conveniens dismissal, finding Japan i
• Precision Tune Auto Care, Inc. v. Radcliff
  731 So. 2d 744· Fla. 4th DCA· 1999-03-31 ·cited 26×
  Precision Tune Auto Care appeals the denial of its motion to dissolve a temporary injunction that preserved the status quo in a franchise dispute with Radcliff and Performance Concepts. The Fourth District holds that a trial court has discretion to reconsider a temporary injuncti
• Pecora v. Pecora
  697 So. 2d 1267· Fla. 5th DCA· 1997-08-01 ·cited 26×
  Emily Pecora appeals a temporary injunction order that her estranged husband Raymond obtained against her, barring her from the business premises of two corporations they jointly owned. The Florida District Court of Appeal affirmed the injunction despite procedural defects, findi
• Northstar Invs. & Dev., Inc. v. Pobaco, Inc.
  691 So. 2d 565· Fla. 5th DCA· 1997-04-11 ·cited 26×
  A party cannot be held in contempt for violating an order that is not clear and definite.
• Minimatic Components, Inc. v. Westinghouse Elec. Corp.
  494 So. 2d 303· Fla. 4th DCA· 1986-09-24 ·cited 26×
  Minimatic Components and Leon Shaw appealed a temporary injunction issued by the trial court that prevented Shaw from ousting Westinghouse from leased premises in Minimatic's manufacturing plant. The appellate court vacated the injunction, finding it was issued without adequate n
• Fla. Land Co. v. Orange Cnty.
  418 So. 2d 370· Fla. 5th DCA· 1982-08-18 ·cited 26×·via Temporary Injunction Requirements
  Florida Land Company appealed the denial of its motion for a temporary injunction to halt Orange County's Ordinance 81-14, which allocated sewage treatment capacity. The court affirmed the denial, holding that the appellant failed to demonstrate that the injunction would serve th
• Jacquelyn Renee Town v. State of Fla. ex rel. Janet Reno
  377 So. 2d 648· Fla.· 1979-11-01 ·cited 26×
  The Florida Supreme Court upheld a temporary injunction prohibiting the use of cannabis as a religious practice by the Ethiopian Zion Coptic Church and enjoining use of residential property as a church in violation of zoning ordinances. The court held that Florida's compelling in
• United Sanitation Servs. OF Hillsborough, Inc. v. City OF Tampa
  302 So. 2d 435· Fla. 2d DCA· 1974-10-16 ·cited 26×·via Application For Temporary Injunction
  United Sanitation Services challenged Tampa's garbage collection ordinances that allowed the city to deny private collection permits once municipal services could handle the waste. The court affirmed that garbage collection is a unique municipal function subject to plenary govern
• Missouri-Kansas-Texas R. Co. v. Randolph
  182 F.2d 996· 8th Cir.· 1950-06-23 ·cited 26×
  The court held that the trial court did not abuse its discretion in denying the motions to dissolve the temporary restraining order, and that the appeal served no useful purpose.
• Baltazar Salazar and Walter Salazar Pest Control v. Hometeam Pest Def., Inc.
  230 So. 3d 619· Fla. 2d DCA· 2017-11-17 ·cited 25×
  The trial court's order granting a temporary injunction must contain specific factual findings supporting the necessary elements for injunctive relief, and must address affirmative defenses.
• DePUY Orthopaedics, Inc. v. Waxman
  95 So. 3d 928· Fla. 1st DCA· 2012-08-03 ·cited 25×·via Motion For Temporary Injunction
  DePuy Orthopaedics appealed a trial court's denial of its motion for a temporary injunction to enforce non-compete covenants against three former sales representatives. The appellate court reversed and remanded, holding that the non-compete covenants were properly assigned to DeP
• McCABE v. McCABE
  600 So. 2d 1181· Fla. 5th DCA· 1992-05-22 ·cited 25×
  In this family law appeal, the Florida Fifth District Court of Appeal reversed the trial court's denial of the wife's motion to divest jurisdiction over a dissolution of marriage and child custody action. The court held that the trial court lacked both personal jurisdiction over
• Sarasota Bev. Co. v. Johnson
  551 So. 2d 503· Fla. 2d DCA· 1989-08-02 ·cited 25×
  Sarasota Beverage Company appeals the denial of a preliminary injunction to enforce a noncompetition agreement against former employee Johnson who was hired by competitor Blaikie & Sons. The court reverses, holding that when a noncompetition agreement is reasonable as to time and
• Mary Dee's, Inc. v. Tartamella
  492 So. 2d 815· Fla. 4th DCA· 1986-08-13 ·cited 25×
  In this appeal from a non-final order, the Fourth District Court of Appeal reversed the trial court's denial of a motion to dissolve a temporary injunction, holding that plaintiffs seeking to collect on a promissory note had an adequate remedy at law through money judgment and pr
• DELTA Gen. Corp. v. Priess
  389 So. 2d 1083· Fla. 3d DCA· 1980-11-04 ·cited 25×
  A mandatory injunction cannot be granted prior to a final hearing unless the right is clear and free from doubt.
• Love v. Allis-Chalmers Corp.
  362 So. 2d 1037· Fla. 4th DCA· 1978-10-04 ·cited 25×·via Motion For Temporary Injunction
  The court held that the trial court abused its discretion by entering summary judgment when the record contained genuine issues of fact and evidence contradicting the technical admissions.
• Uni-Chem Corp. OF Fla., Inc. v. Maret
  338 So. 2d 885· Fla. 3d DCA· 1976-10-26 ·cited 25×
  Uni-Chem Corporation sought a temporary injunction to enforce a non-compete agreement against former salesmen who violated the covenant by immediately joining a competitor. The trial court denied the temporary injunction, and the appellate court affirmed, holding that even with a
• Knox v. Dist. Sch. Bd. OF Brevard
  821 So. 2d 311· Fla. 5th DCA· 2002-05-03 ·cited 24×
  Knox appealed the denial of her request for a temporary injunction against the Brevard County School Board, claiming that closed interviews for a middle school principal position violated Florida's Sunshine Law. The court affirmed the denial, holding that the interview team serve
• DON King Prods., Inc. v. Chavez
  717 So. 2d 1094· Fla. 4th DCA· 1998-09-15 ·cited 24×·via Motion For Temporary Injunction
  The statutory presumption of irreparable injury for breach of a restrictive covenant is rebuttable, not conclusive.
• W.J. Spradley, Jr. v. OLD Harmony Baptist Church
  721 So. 2d 735· Fla. 1st DCA· 1998-07-27 ·cited 24×
  The court reversed an injunctive order issued by the trial court that imposed requirements on the appellants regarding use of disputed property by a church, finding the injunction was legally insufficient because it was entered sua sponte without a proper request, contained manda
• Conway Brock, Jr. v. Newman D. Brock
  667 So. 2d 310· Fla. 1st DCA· 1995-09-27 ·cited 24×
  In this will contest appeal, the court reversed a trial court's order unfreezing assets that had been frozen pending resolution of a challenge to the validity of a will and trust agreement. The court held that assets should remain frozen during the pendency of an appeal challengi
• P.C.B. P'ship v. The City OF Largo
  549 So. 2d 738· Fla. 2d DCA· 1989-09-27 ·cited 24×
  P.C.B. Partnership challenged the dismissal of its amended complaint arising from the City of Largo's failure to construct a curvilinear road pursuant to a land disposition agreement. The court affirmed dismissal of the original claims but reversed and remanded, holding that the
• S. Fla. Limousines, Inc. v. Broward Cnty. Aviation Dep't
  512 So. 2d 1059· Fla. 4th DCA· 1987-09-09 ·cited 24×·via Temporary Injunctive Relief
  The denial of a temporary injunction is affirmed because the appellant failed to demonstrate irreparable harm or an abuse of discretion by the trial court.
• ST. Lawrence Co., N.V. v. Alkow Realty, Inc.
  453 So. 2d 514· Fla. 4th DCA· 1984-08-01 ·cited 24×·via Temporary Mandatory Injunction
  A temporary mandatory injunction freezing $250,000 in sale proceeds to secure a brokerage commission claim was reversed because an action for money damages on an oral contract does not qualify for equitable relief merely because collectibility is uncertain.
• Baggett Transp. Co. v. Hughes Transp., Inc.
  393 F.2d 710· 8th Cir.· 1968-04-30 ·cited 24×
  The court held that the district court did not abuse its discretion in granting a temporary injunction, as it had jurisdiction under 49 U.S.C.A. § 322(b)(2) and the circumstances warranted such relief despite a pending review action in another district court.
• Tampa Port Auth. v. Deen
  179 So. 2d 416· Fla. 2d DCA· 1965-10-08 ·cited 24×·via Temporary Injunction Without Notice
  The court held that the trial court erred in issuing an injunction without notice and without requiring a bond, and that the complaint's verification was insufficient.
• Huard-Steinheiser, Inc. v. Henry
  280 F.2d 79· 6th Cir.· 1960-06-17 ·cited 24×
  The court held that the district court did not abuse its discretion in refusing to grant a temporary injunction to restrain the enforcement of demand letters requiring information reports on sales of sugar, rye, and cracked corn.
• Kaplan v. Helenhart Novelty Corp.
  182 F.2d 311· 2d Cir.· 1950-05-05 ·cited 24×
  The court held that the trial court abused its discretion in granting a temporary injunction before trial on the merits, as there was no substantial evidence of bad faith in the defendants' assertions of patent infringement.
• Mercer v. Keynton
  99 Fla. 914· Fla.· 1930-04-23 ·cited 24×
  Homer and Mattie Mercer sought an injunction to prevent defendants from constructing an automotive garage and filling station on adjacent property in violation of restrictive covenants in the Bayonne Subdivision of Miami. The Florida Supreme Court affirmed the trial court's denia