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

• Fla. Hematology & Oncology v. Rambabu Tummala, M.D.
  927 So. 2d 135· Fla. 5th DCA· 2006-04-21 ·cited 16×·via Motion For Temporary Injunction
  The Fifth District affirmed a trial court's denial of a preliminary injunction enforcing a non-compete covenant against a former oncologist/hematologist. The court held that referring physicians do not constitute a 'legitimate business interest' under Florida Statute § 542.335, a
• Animal Rights Found. OF Fla., Inc. v. Siegel
  867 So. 2d 451· Fla. 5th DCA· 2004-02-06 ·cited 16×
  The Animal Rights Foundation of Florida appealed a temporary injunction prohibiting it from making specific statements and picketing regarding alleged animal abuse at a timeshare resort. The court reversed, holding that the injunction improperly restricted the Foundation's First
• Coscia v. OLD Fla. Plantation, Ltd.
  828 So. 2d 488· Fla. 2d DCA· 2002-10-18 ·cited 16×
  The court held that the trial court erred in imposing restrictions on the appellants' use of the easement without sufficient findings or evidence to support the need for such restrictions.
• State v. Cont'l CAR Servs., Inc.
  650 So. 2d 173· Fla. 2d DCA· 1995-02-08 ·cited 16×·via Temporary Injunction Requirements
  The court held that the plaintiffs failed to prove irreparable harm and the absence of an adequate remedy at law, which are necessary elements for a temporary injunction.
• The State Chem. Mfg. Co. v. Lopez
  642 So. 2d 1127· Fla. 3d DCA· 1994-09-21 ·cited 16×
  The court held that a presumption of irreparable injury applies to customer solicitation, but not to employment by a competitor, and that the non-compete agreement's duration was reasonable.
• Bd. OF Med. Exam'rs & Dep't of Prof'l Reg. v. Hooshang Kadi VAR, M.D.
  482 So. 2d 501· Fla. 4th DCA· 1986-01-22 ·cited 16×
  The Board of Medical Examiners appeals a circuit court order denying its motion to dismiss and finding it in contempt for allegedly violating a temporary restraining order that prohibited consideration of a doctor's nolo contendere plea in administrative license revocation procee
• Chrysler Corp. v. Tex. Motor Vehicle Comm'n
  755 F.2d 1192· 5th Cir.· 1985-03-28 ·cited 16×
  The court held that Texas's lemon law does not violate manufacturers' due process or equal protection rights, nor is it preempted by federal law.
• Thomas v. English
  448 So. 2d 623· Fla. 4th DCA· 1984-04-18 ·cited 16×
  The court reversed a temporary injunction granted without bond, holding that while abatement was proper where duplicate actions involved the same parties and causes of action, the trial court erred by failing to require a bond absent a finding of the opposing party's financial in
• Perimeter Invs., Inc. v. Amerifirst Dev. Co. OF Cent. Fla., Inc.
  423 So. 2d 586· Fla. 1st DCA· 1982-12-20 ·cited 16×
  Defendants in mortgage foreclosure actions sought injunctions to prevent the plaintiff from continuing litigation, claiming a settlement agreement had been reached. The court held that the Statute of Frauds applies to oral settlement agreements involving the transfer of property,
• Wellman v. Fairleigh S. Dickinson, Jr.
  682 F.2d 355· 2d Cir.· 1982-06-24 ·cited 16×·via Application For Temporary Injunction
  The court's holding is not explicitly stated as a single holding for the entire opinion, as this is a concurring and dissenting opinion. However, the author disagrees with the district court's finding that appellant Dickinson violated section 13(d) of the Securities Exchange Act.
• The Fid. & Cas. Co. OF NEW York v. Marilyn O'Shea and the Honorable E. Randolph Bentley
  397 So. 2d 1196· Fla. 2d DCA· 1981-05-06 ·cited 16×
  The court reviewed whether a trial court could award attorney's fees to a defendant in an embezzlement case from a receivership estate administering assets of the embezzler and his household. The court held that the common fund doctrine did not support such an award because the d
• Goldberger v. Regency Highland Condo. Ass'n, Inc.
  383 So. 2d 1173· Fla. 4th DCA· 1980-06-04 ·cited 16×·via Temporary Mandatory Injunction
  A temporary mandatory injunction was improperly issued without bond, as the alleged injuries were not irreparable and the procedural requirements for waiving the bond were not met.
• Levine v. C & W Mining Co.
  610 F.2d 432· 6th Cir.· 1979-12-11 ·cited 16×
  A district court may issue a temporary injunction under § 10(j) of the LMRA, including an interim bargaining order, if there is reasonable cause to believe unfair labor practices have occurred that threatened to erode union majority support and impede the election process.
• Hunter v. N. Am. Biologicals, Inc.
  287 So. 2d 726· Fla. 4th DCA· 1974-01-08 ·cited 16×·via Temporary Injunctive Relief
  The court held that a non-competition agreement for an employee in the blood plasma business is enforceable under F.S. Section 542.12, even if the geographical area is not explicitly stated, and the employee takes a different role with a competitor.
• Henderson v. Int'l Union OF Operating Eng'rs
  420 F.2d 802· 9th Cir.· 1969-12-11 ·cited 16×
  The court held that a union's picketing activity to force an employer to reassign work, even temporarily, constitutes an unfair labor practice under Section 8(b)(4)(D) of the NLRA, and the "unclean hands" defense is not applicable against the NLRB seeking injunctive relief.
• Voss v. Voss
  169 So. 2d 351· Fla. 3d DCA· 1964-11-24 ·cited 16×·via Temporary Injunction Without Notice
  In this divorce appeal, the husband challenges interlocutory orders granting his wife an injunction against interference, temporary alimony, use of an automobile, exclusive residence, and payment of utilities and medical expenses. The Florida District Court of Appeal affirmed, ho
• The Fla. Cent. & Peninsular R.R. Co. v. Williams
  45 Fla. 295· Fla.· 1903-01-01 ·cited 16×
  The Florida Supreme Court dismissed an appeal from a contempt order, holding that no appeal lies from a Circuit Court order imposing a fine for violating an injunction. The court clarified that contempt orders are not reviewable on appeal except by habeas corpus for jurisdictiona
• Planned Parenthood OF Greater Orlando, Inc. v. MMB Props.
  211 So. 3d 918· Fla.· 2017-02-23 ·cited 15×
  The Florida Supreme Court held that a trial court abuses its discretion by requiring a party to demonstrate changed circumstances as a threshold requirement before modifying or dissolving a temporary injunction when clear legal error or misapprehension of facts is shown. The Cour
• City OF Miami Beach v. Kuoni Destination Mgmt., Inc.
  81 So. 3d 530· Fla. 3d DCA· 2012-02-08 ·cited 15×
  The City of Miami Beach appealed a temporary injunction preventing it from closing a private birthday party at a residential property, claiming the event violated the city's commercial use ordinance. The appellate court found the issue moot because the party had already occurred
• Biscayne Park, LLC v. Wal-Mart Stores E., LP
  34 So. 3d 24· Fla. 3d DCA· 2010-02-17 ·cited 15×·via Temporary Injunction Requirements
  Biscayne Park appeals a trial court order granting Wal-Mart's motion for a temporary injunction to seal groundwater monitoring wells on Biscayne's property. The Third District Court of Appeal reversed, holding that Wal-Mart failed to establish the prerequisites for injunctive rel
• ST. Johns Inv. Mgmt. Co. v. Albaneze
  22 So. 3d 728· Fla. 1st DCA· 2009-11-13 ·cited 15×·via Motion For Temporary Injunction
  St. Johns Investment Management Company appealed the denial of its motion for a temporary injunction seeking to enforce noncompete provisions against former CEO David Albaneze. The trial court concluded the noncompete covenants expired with the four-year employment term, but the
• U.S. Mfg. & Galvanizing Corp. v. Renfrow
  592 So. 2d 1216· Fla. 3d DCA· 1992-01-28 ·cited 15×
  USMGC appealed the denial of dissolution of a temporary injunction that closed its facility and required removal of hazardous waste. The court affirmed, holding that the trial court did not abuse its discretion in maintaining the injunction despite evidence of hazardous waste rem
• Mervin Stetson Langford v. Rotech Oxygen & Med. Equip., Inc.
  541 So. 2d 1267· Fla. 5th DCA· 1989-03-16 ·cited 15×
  The court held that a temporary injunction was improperly issued because the moving party failed to demonstrate a clear legal right or a basis for trade secret appropriation or tortious interference.
• Alachua Cnty. v. Lewis OIL Co., Inc.
  516 So. 2d 1033· Fla. 1st DCA· 1987-12-09 ·cited 15×
  The appellate court affirmed the trial court's grant of a temporary injunction, finding no abuse of discretion.
• Muss v. City OF Miami Beach
  312 So. 2d 553· Fla. 3d DCA· 1975-05-13 ·cited 15×
• Metro. Dade Cnty. v. Parkway Towers Condo. Ass'n
  281 So. 2d 68· Fla. 3d DCA· 1973-08-01 ·cited 15×
  A county has the common law right to place a governmental facility where it directs, notwithstanding zoning classifications, unless there is an affirmative showing of waiver in the zoning ordinance.
• Montgomery Pipe & Tube Co. OF Fla. v. Mann
  205 So. 2d 660· Fla. 3d DCA· 1968-01-09 ·cited 15×
  Administrative inspections of private dwellings without a warrant violate the Fourth Amendment's protection against unreasonable searches and seizures.
• J. M. Fields OF Anderson, Inc. v. The Kroger Co.
  330 F.2d 686· 5th Cir.· 1964-04-15 ·cited 15×
  The court held that the district court did not abuse its discretion in including specific language in the permanent injunction, as it clarified the scope of the prohibited activity.
• Smetal Corp. v. Fam. Loan Co.
  119 Fla. 497· Fla.· 1935-03-26 ·cited 15×
  Smetal Corporation sued Family Loan Company to void loans allegedly made in violation of Florida's Small Loan Act (Chapter 10177, Laws of 1925), which regulated interest rates and loan amounts for licensed lenders. The trial court denied the defendant's motion to dismiss but part
• Am. Learning Sys., Inc. v. Breno Gomes and Adriana Gomes
  199 So. 3d 1076· Fla. 4th DCA· 2016-08-31 ·cited 14×
  A private school appeals the circuit court's grant of a temporary injunction requiring release of high school transcripts to parents who withdrew their children and allegedly breached their enrollment contract by failing to pay tuition. The appellate court reverses, holding that
• Romano v. Olshen
  153 So. 3d 912· Fla. 4th DCA· 2014-03-12 ·cited 14×
  This consolidated appeal involves a dispute over whether a professional guardian could access a joint brokerage account (the Oppenheimer Account) titled in the incapacitated ward's and his estranged spouse's names to pay guardianship administration fees and the ward's necessary e
• Hilb Rogal & Hobbs OF Fla., Inc. v. Grimmel
  48 So. 3d 957· Fla. 4th DCA· 2010-12-01 ·cited 14×
  HRH, an insurance broker, appeals the trial court's dissolution of a temporary injunction against former employee Grimmel, who violated a non-piracy clause by soliciting HRH's customers after starting a competing firm. The court reversed, holding that HRH established a legitimate
• Dany Katz Gilbert and Lawrence Gilbert v. Fla. Power & Light Co.
  981 So. 2d 609· Fla. 4th DCA· 2008-05-14 ·cited 14×
  The Gilberts appealed multiple orders regarding their dispute with Florida Power & Light Company over a noisy transformer on FPL's easement. The court affirmed orders requiring the Gilberts to pay for the transformer's removal under FPL's tariff, reversed the denial of their moti
• E.I. Dupont de Nemours & Co. v. Bassett
  947 So. 2d 1195· Fla. 4th DCA· 2007-01-24 ·cited 14×
  The court held that the employer failed to demonstrate a likelihood of irreparable harm and the unavailability of an adequate remedy at law, thus affirming the denial of a temporary injunction.
• Shafer v. Shafer
  898 So. 2d 1053· Fla. 4th DCA· 2005-03-16 ·cited 14×·via Motion For Temporary Injunction
  A mother appeals a trial court's temporary injunction preventing her relocation from Lake Worth to Orlando with her nine-year-old son while she attends law school. The Fourth District Court of Appeal affirms, holding that the detailed visitation schedule in the final judgment imp
• Fla. High Sch. Activities Ass'n, Inc. v. Marsonek
  805 So. 2d 868· Fla. 2d DCA· 2001-09-14 ·cited 14×·via Temporary Injunction Requirements
  The court held that the trial court erred by granting an ex parte injunction without satisfying the requirements of Florida Rule of Civil Procedure 1.610 regarding notice and findings of irreparable harm.
• The Fla. High Sch. Activities Ass'n v. Alena Kartenovich
  749 So. 2d 1290· Fla. 3d DCA· 2000-02-24 ·cited 14×·via Temporary Injunction Requirements
  The Florida High School Activities Association appealed a temporary injunction granted to The Berkshire School and four student-athletes who sought to compete in state basketball tournaments despite an FHSAA sanction for recruiting violations. The court reversed the injunction, h
• Dennis K. King, M.D., P.A. v. John G. Jessup, M.D.
  698 So. 2d 339· Fla. 5th DCA· 1997-08-15 ·cited 14×
  Dr. King sought a temporary injunction to enforce a covenant not to compete against his former employee Dr. Jessup, who opened a competing medical practice nearby. The trial court denied the injunction, and the appellate court affirmed, holding that Dr. King failed to demonstrate
• McCAHILL v. Braishfield Assocs., Inc.
  661 So. 2d 399· Fla. 5th DCA· 1995-10-13 ·cited 14×
  The court held that the trial court properly denied the motion to dissolve the temporary injunction.
• Hall v. City OF Orlando
  555 So. 2d 963· Fla. 5th DCA· 1990-01-25 ·cited 14×
  Hall appeals the denial of a temporary injunction to prevent the City of Orlando from expanding drainage through an easement on his property. The court reversed, finding that Hall satisfied all requirements for a temporary injunction because the City's drainage expansion would ca
• Banco Indus. de Venezuela v. Suarez
  541 So. 2d 1324· Fla. 3d DCA· 1989-04-18 ·cited 14×
  This case involves an appeal by Banco Industrial de Venezuela (BIV) against an order dissolving a temporary injunction. The appellate court reversed the trial court's decision, holding that the Florida RICO Act provides for preliminary injunctions with less stringent requirements
• Hotelerama Assocs., Ltd. v. Bystrom
  449 So. 2d 836· Fla. 3d DCA· 1984-02-28 ·cited 14×
  The trial court erred by ruling on the merits of the tax assessment dispute when considering a motion for a temporary injunction.
• Graphic Bus. Sys., Inc. v. Rogge
  418 So. 2d 1084· Fla. 2d DCA· 1982-08-04 ·cited 14×·via Motion For Temporary Injunction
  Graphic Business Systems appealed the denial of a temporary injunction against a former employee, Lynn Rogge, who violated a noncompetition agreement by working for a competitor. The court held that Graphic presented a prima facie case warranting injunctive relief and that irrepa
• Seashore Club OF Atl. City, Inc. v. Manley Tessler
  405 So. 2d 767· Fla. 4th DCA· 1981-11-04 ·cited 14×
  The appellate court reversed a temporary injunction prohibiting fund disbursement because the trial court failed to make findings of fact establishing the required elements for injunctive relief, instead merely assuming the complaint's allegations were true.
• The World Sec. Fund v. Schmidt
  406 So. 2d 511· Fla. 3d DCA· 1981-11-03 ·cited 14×
  The World Security Fund and its principals appealed the trial court's refusal to dissolve a temporary injunction issued in favor of the Schmidts. The appellate court affirmed, holding that the appellants failed to meet their burden of demonstrating the injunction lacked basis in
• Hialeah, Inc. v. B & G Horse Transp., Inc.
  368 So. 2d 930· Fla. 3d DCA· 1979-03-09 ·cited 14×
  B & G Horse Transportation sought a temporary injunction to prevent competitors from operating an intertrack horse transportation service without obtaining a certificate from the Florida Public Service Commission. The court reversed the injunction, holding that Section 323.24 aut
• Herschel Levy v. Gourmet Masters, Inc.
  214 So. 2d 82· Fla. 3d DCA· 1968-03-26 ·cited 14×
  In this corporate stockholder dispute, the court reversed a judicial sale of Gourmet Masters, Inc. assets for $4,500 due to inadequate price and failure to disclose the nature and amount of assets being sold. The court also reversed a temporary injunction issued against judgment
• Leesona Corp. v. Cotwool Mfg. Corp.
  315 F.2d 538· 4th Cir.· 1963-03-19 ·cited 14×
  The court held that a district court has the discretion to temporarily stay arbitration proceedings ancillary to a patent infringement suit, even if the arbitration clause is otherwise valid.
• Barnwell Drilling Co., Inc. v. SUN OIL Co.
  300 F.2d 298· 5th Cir.· 1962-03-20 ·cited 14×
  The court held that the trial court did not abuse its discretion in denying a temporary injunction, as the evidence did not clearly show imminent irreparable harm.
• Lane v. Reubin J. Clein
  137 So. 2d 15· Fla. 3d DCA· 1962-02-01 ·cited 14×
  In this interlocutory appeal, a Florida appellate court affirmed the dissolution of a temporary injunction that had restrained defendants from making derogatory statements about plaintiff's business. The court found no abuse of discretion by the trial judge in dissolving the inju