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

• Morgan v. Herff Jones, Inc.
  883 So. 2d 309· Fla. 2d DCA· 2004-08-25 ·cited 19×
  Terry Morgan challenges a temporary injunction issued by the circuit court that restrained him from competing with Herff Jones, Inc. and using the trade name Delmar Studios. The appellate court reversed the non-compete injunction but affirmed the injunction against use of the tra
• Edward Supinski, M.D. v. Omni Healthcare, P.A.
  853 So. 2d 526· Fla. 5th DCA· 2003-08-29 ·cited 19×
  Dr. Supinski appeals a temporary injunction enforcing a noncompetition covenant in his employment agreement with Omni Healthcare. The appellate court affirmed the injunction as meeting all legal requirements for temporary injunctive relief, but remanded for reconsideration of the
• Kanter v. Kanter
  850 So. 2d 682· Fla. 4th DCA· 2003-07-30 ·cited 19×
  In this family law appeal, the husband challenges a trial court order that enjoined dissipation of marital assets and required resumption of temporary support payments to the wife. The court affirms, finding no fundamental error apparent on the face of the order and holding that
• City OF Ormond Beach v. City OF Daytona Beach
  794 So. 2d 660· Fla. 5th DCA· 2001-07-20 ·cited 19×
  The City of Ormond Beach appealed the dissolution of a temporary injunction it had sought against the City of Daytona Beach's annexation of property. The court affirmed the dissolution, holding that municipalities cannot contract away their constitutional and statutory power to a
• Harrison v. Palm Harbor MRI, Inc.
  703 So. 2d 1117· Fla. 2d DCA· 1997-11-12 ·cited 19×
  An employee challenged a temporary injunction enforcing a noncompete agreement, arguing the covenant should be void due to the employer's sexual harassment. The appellate court found the procedural requirements for the injunction were satisfied, but reversed because the trial cou
• Spaulding v. Est. of Seth N. Frey
  666 So. 2d 935· Fla. 5th DCA· 1995-12-22 ·cited 19×
  The court held that arguments raised on a motion to dissolve a temporary injunction are limited to issues not previously litigated or appealable from the original injunction order.
• Gooding v. Gooding
  602 So. 2d 615· Fla. 4th DCA· 1992-07-01 ·cited 19×·via Application For Temporary Injunction
  In a dissolution of marriage action, the appellate court reversed the trial court's denial of a temporary injunction sought by the wife to prevent the husband's further dissipation of corporate funds from their family business. The court held that the husband's documented transfe
• Jamlynn Invs. Corp. v. San Marco Residences of Marco Condo. Ass'n, Inc.
  544 So. 2d 1080· Fla. 2d DCA· 1989-06-09 ·cited 19×
  A commercial lessee of a condominium unit sought a temporary injunction to prevent the condominium association from eliminating its allocated parking spaces. The trial court denied the motion based on lack of standing, but the appellate court reversed, holding that the lessee had
• Bailey v. Christo
  453 So. 2d 1134· Fla. 1st DCA· 1984-06-29 ·cited 19×·via Temporary Mandatory Injunction
  Bailey appeals a preliminary injunction ordering him to open and operate the Spinnaker II nightclub and pay stipulated percentages of gross revenues to himself and co-owner Christo during the 1984 season. The court affirmed, holding that the trial court did not abuse its discreti
• Mireille R. Alberti v. Mary Ruth Cruise
  383 F.2d 268· 4th Cir.· 1967-09-14 ·cited 19×
  The court held that the injunction order was invalid due to non-compliance with Federal Rules of Civil Procedure 52(a) and 65(d), and potentially violated the First Amendment.
• Benz v. Compania Naviera Hidalgo, S.A.
  205 F.2d 944· 9th Cir.· 1953-06-30 ·cited 19×
  In the absence of a posted bond or security, damages cannot be recovered for the wrongful issuance of a temporary injunction, even if granted without just cause.
• Nelson v. Clive Hansard
  143 Fla. 898· Fla.· 1940-08-02 ·cited 19×
  The court reviewed the propriety of a temporary injunction that restrained appellants from interfering with appellee's possession of land. The court found that the appellee's situation, leading to a judgment against him, was due to his own neglect and not a circumstance warrantin
• Harbor v. Lancaster
  70 Fla. 200· Fla.· 1915-07-13 ·cited 19×
  The Florida Supreme Court reversed an order denying the railway company's motion to dissolve a temporary injunction that restrained it from removing a dwelling house from church property. The court found the church trustees' bill of complaint failed to satisfy equity requirements
• William O. Murtagh, M.D. v. Hurley
  40 So. 3d 62· Fla. 2d DCA· 2010-07-07 ·cited 18×
  Dr. Murtagh sought a temporary injunction to prevent his former patient Hurley from making allegedly defamatory statements to his patients and prospective patients, claiming tortious interference with business relationships. The court held that while injunctive relief is availabl
• Miami-Dade Cnty. v. Adolfo Perez
  988 So. 2d 40· Fla. 3d DCA· 2008-07-09 ·cited 18×
  The denial of a motion for summary judgment is not an appealable order under Florida Rule of Appellate Procedure 9.130(a)(3) unless it determines the right to immediate possession of property, which this order did not.
• Nu-Vision, LLC v. Corporate Convenience, Inc.
  965 So. 2d 232· Fla. 5th DCA· 2007-09-07 ·cited 18×
  Nu-Vision sought certiorari review of an order dissolving a lis pendens filed on commercial real estate based on a purported option to purchase. The court held that Nu-Vision's December 16, 2004 letter could not support a claim for specific performance as a matter of law because
• Ware v. Polk Cnty.
  918 So. 2d 977· Fla. 2d DCA· 2005-12-09 ·cited 18×
  Paul Ware built a Quonset-type structure on his Polk County property without obtaining a required building permit in violation of county code. The trial court granted summary judgment for the County and denied the County's motion for a temporary injunction. The appellate court di
• Aerospace Welding, Inc. v. Southstream Exhaust & Welding, Inc.
  824 So. 2d 226· Fla. 4th DCA· 2002-07-24 ·cited 18×
  Aerospace Welding appeals from the dissolution of a temporary injunction and an award of attorney's fees to the defendant. The court affirmed, holding that the original injunction order violated Florida Rules of Civil Procedure by failing to specify reasons for entry and describe
• Nattassia Matin v. Hill
  801 So. 2d 1003· Fla. 4th DCA· 2001-12-19 ·cited 18×
  The Fourth District Court of Appeal reversed a trial court's denial of a mother's motion to dissolve an ex parte child pick-up order, holding that the mother was denied due process because the hearing on the motion to dissolve was not truly evidentiary and the father failed to pr
• Miami-Dade Cnty. v. Church & Tower, Inc.
  715 So. 2d 1084· Fla. 3d DCA· 1998-08-12 ·cited 18×
  Miami-Dade County appealed the trial court's order granting a temporary injunction and staying its dissolution in a bid protest case involving Church & Tower (C&T). The appellate court reversed, holding that C&T failed to demonstrate a substantial likelihood of success on the mer
• Mayor's Jewelers, Inc. v. State of Cal. Pub. Emps'. Ret. Sys.
  685 So. 2d 904· Fla. 4th DCA· 1996-12-11 ·cited 18×
  The court reversed a decision regarding a landlord's potential entitlement to a mandatory injunction for specific performance of a continuous operations clause, and addressed the landlord's right to liquidated damages in lieu of percentage rent.
• Dep't OF Cmty. Affairs v. Holmes Cnty.
  668 So. 2d 1096· Fla. 1st DCA· 1996-03-05 ·cited 18×
  Holmes County and Washington County sought to enjoin the Florida Department of Community Affairs from distributing federal disaster relief funds to Leon County, Wakulla County, and Tallahassee without allowing the plaintiff counties to compete for the funds. The appellate court r
• Hutchinson v. Kimzay OF Fla., Inc.
  637 So. 2d 942· Fla. 5th DCA· 1994-05-27 ·cited 18×·via Temporary Injunction Requirements
  A landlord appealed orders granting temporary injunctions that prevented him from pursuing eviction and claiming damages against his tenant over a lease rent dispute. The Florida appellate court reversed both injunctive orders, finding they failed to comply with the procedural re
• de Leon v. Aerochago, S.A.
  593 So. 2d 558· Fla. 3d DCA· 1992-01-28 ·cited 18×
  The court held that the trial court erred in denying the motion to dissolve the temporary injunction because the appellees failed to demonstrate a clear legal right and the likelihood of irreparable harm, as they had an adequate remedy at law.
• M.G.K. P'rs v. Cavallo
  515 So. 2d 368· Fla. 4th DCA· 1987-11-12 ·cited 18×
  M.G.K. Partners appeals the trial court's decision to grant a temporary injunction preventing it from leasing space in its shopping center to Domino's Pizza, based on a non-competition clause in the existing Stage Deli lease. The court affirmed, finding no clear abuse of discreti
• Heartfield v. Heartfield
  749 F.2d 1138· 5th Cir.· 1985-01-07 ·cited 18×
  The dissenting judge would have affirmed the district court's injunction against pursuing custody claims in Louisiana state court.
• DeRITIS v. AHZ Corp.
  444 So. 2d 93· Fla. 4th DCA· 1984-02-01 ·cited 18×
  The court held that while a temporary injunction was proper, its language must be made more specific and relate to the actual activities involved to avoid vagueness and ensure compliance.
• Quadomain Condo. Ass'n, Inc. v. Pomerantz
  341 So. 2d 1041· Fla. 4th DCA· 1977-01-21 ·cited 18×
  A condominium association appealed an interlocutory order granting a temporary injunction without bond to prevent termination of a management agreement that had guaranteed limited increases in owners' common expenses. The appellate court reversed, finding the injunction improvide
• Local Lodge No. 1248 OF Int'l Ass'n OF MacHinists v. ST. Regis Paper Co.
  125 So. 2d 337· Fla. 1st DCA· 1960-12-20 ·cited 18×
  A labor union and 85 of its members appealed from a trial court order that denied motions to dissolve a temporary injunction and to discharge a contempt finding, and adjudged all 85 members in criminal contempt for violating the injunction. The appellate court held that the conte
• Metro. Dade Cnty. v. Polk Pools, Inc.
  124 So. 2d 737· Fla. 3d DCA· 1960-12-01 ·cited 18×·via Temporary Injunction Without Notice
  Polk Pools, Inc. sued Metropolitan Dade County seeking declaratory and injunctive relief against an alleged misinterpretation of county building ordinances requiring plumbing permits for pool construction drainage systems. The trial court granted a temporary restraining order wit
• W. L. Mead, Inc. v. Int'l Bhd. OF Teamsters
  217 F.2d 6· 1st Cir.· 1954-11-18 ·cited 18×
  The court held that the Norris-LaGuardia Act prohibits federal courts from issuing injunctions against peaceful strikes and picketing, even when such actions violate a collective bargaining agreement under the Labor Management Relations Act.
• Stoner v. S. Peninsula Zoning Comm'n
  75 So. 2d 831· Fla.· 1954-11-16 ·cited 18×
  The Florida Supreme Court reversed a temporary injunction preventing the creation of a municipality in South Peninsula, Volusia County. The court held that equity courts should not enjoin the exercise of political rights granted by statute absent a clear showing of irreparable in
• Hall v. Hanford
  64 So. 2d 303· Fla.· 1953-04-07 ·cited 18×
  The Florida Supreme Court reviewed an order that both dismissed a bill of complaint with leave to amend and simultaneously maintained a temporary injunction based on that same bill. The court held that a court cannot maintain an injunction after dismissing the bill of complaint t
• Baxter v. Liddon
  62 Fla. 428· Fla.· 1911-06-01 ·cited 18×
  Baxter and others appealed a chancery court decree that granted Liddon's bill for injunction against ejectment proceedings and ordered conveyance of disputed land based on equitable title. The Florida Supreme Court affirmed, finding the evidence supported the chancellor's finding
• Mohamed Shaheed Bacchus v. Heba Bacchus
  108 So. 3d 712· Fla. 5th DCA· 2013-03-01 ·cited 17×
  A husband appeals an order extending a temporary domestic violence injunction for one year. The court reverses, holding that the trial court improperly issued a series of temporary injunctions rather than conducting a full hearing on a permanent injunction, and remands for a prop
• Fla. High Sch. Activities Ass'n v. Mander
  932 So. 2d 314· Fla. 2d DCA· 2006-02-01 ·cited 17×
  The Florida High School Activities Association (FHSAA) appealed a temporary restraining order allowing a private-school student to play volleyball on a public middle-school team. The appellate court reversed the order because it was issued without reasonable notice to the FHSAA a
• Off. of the Attorney Gen. v. Millennium Commc'ns & Fulfillment, Inc.
  800 So. 2d 255· Fla. 3d DCA· 2001-10-10 ·cited 17×
  The court held that a protective order denying discovery was improperly granted because the grounds for the order were insufficient and the denial of discovery could cause irreparable harm.
• Rollins, Inc. v. Parker
  755 So. 2d 839· Fla. 5th DCA· 2000-05-05 ·cited 17×·via Application For Temporary Injunction
  Rollins appealed the denial of its temporary injunction application against Parker for allegedly violating a non-compete agreement. The court affirmed the trial court's denial, holding that Georgia law governed the agreement and that Rollins failed to demonstrate the requisite el
• Heslop v. Earnest Moore, Jr.
  716 So. 2d 276· Fla. 3d DCA· 1998-05-20 ·cited 17×
  A former husband sought a temporary injunction to prevent his ex-wife from receiving lottery winnings she had won during their separation but concealed during their divorce proceedings. The appellate court reversed the injunction, holding that the ex-husband failed to establish t
• United Servs. Gen. Life Co. v. Bauer
  568 So. 2d 1321· Fla. 2d DCA· 1990-10-26 ·cited 17×
  A trial court has jurisdiction to determine whether a disputed document is part of the contract before compelling arbitration, especially when the dispute involves interstate commerce.
• Jack Eckerd Corp. v. 17070 Collins Ave. Shopping Ctr., Ltd.
  563 So. 2d 103· Fla. 3d DCA· 1990-05-02 ·cited 17×
  A commercial tenant seeking to enjoin the breach of a restrictive covenant that protects parking or access to its leased premises need not prove irreparable harm; proof of the covenant violation is sufficient to obtain a temporary injunction.
• Zola Klein v. The Royale Grp., Ltd.
  524 So. 2d 1061· Fla. 3d DCA· 1988-04-12 ·cited 17×
  Zola Klein sought to enforce a $225,000 promissory note against The Royale Group and Leonard Pelullo, who invoked Fifth Amendment privileges due to a federal grand jury investigation. The trial court stayed the action, and Klein appealed the trial court's denial of his motion to
• State of Fla. ex rel. W. Guy McKENZIE v. The Honorable Ben C. Willis
  310 So. 2d 1· Fla.· 1975-01-15 ·cited 17×
  The Florida Supreme Court granted writs of prohibition to prevent two circuit judges from exercising jurisdiction over disputes involving the Florida Public Service Commission's grant of temporary authority to operate as a common carrier and enforcement of non-compete agreements
• Adair Pipeline Co., Inc. v. Pipeliners Local Union NO. 798
  325 F.2d 206· 5th Cir.· 1963-12-06 ·cited 17×
• Engel v. City OF N. Miami
  115 So. 2d 1· Fla.· 1959-10-14 ·cited 17×
  The Supreme Court held that a petition for certiorari is not the proper procedural vehicle to seek review of a District Court of Appeal decision that initially construes a controlling provision of the Florida Constitution; such review must be by appeal.
• Merryman v. S. Tours, Inc.
  120 Fla. 440· Fla.· 1935-07-23 ·cited 17×
  Southern Tours, Inc. sought to enjoin competitors Merryman and Hill from operating an unlicensed auto transportation service. The Florida Supreme Court reversed the trial court's grant of a temporary injunction without bond, holding that injunctions under the relevant statute req
• Heath Trerice v. Trerice
  250 So. 3d 695· Fla. 4th DCA· 2018-06-27 ·cited 16×
  Once a trial court determines it lacks personal jurisdiction and dismisses a case, it exceeds its case jurisdiction by entering a separate order addressing the merits of a pending motion for temporary injunction. A court without jurisdiction cannot proceed in any manner and must
• Burtoff v. Alfred Tauber to Laszlo N. Tauber
  85 So. 3d 1182· Fla. 4th DCA· 2012-04-18 ·cited 16×·via Temporary Injunction Requirements
  Burtoff challenges an order denying his motion for an evidentiary hearing and to dissolve an injunction freezing his bank account. The Florida appellate court reversed because the injunction was issued without proper evidentiary hearing procedures and lacked required factual find
• Eldon v. Perrin
  78 So. 3d 737· Fla. 4th DCA· 2012-02-08 ·cited 16×
  Charles Eldon appealed a temporary injunction granted against him. The Florida Fourth District Court of Appeal reversed because the injunction order lacked sufficient factual findings supporting each element of the four-part injunction test and failed to set an appropriate bond a
• Rodger Bookall v. Sunbelt Rentals, Inc.
  995 So. 2d 1116· Fla. 4th DCA· 2008-12-03 ·cited 16×
  The court held that an ex parte temporary injunction is invalid if it fails to state the reasons why notice was not required.