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

• Metro. Dade Cnty. v. O'Brien
  660 So. 2d 364· Fla. 3d DCA· 1995-09-13 ·cited 11×
  The trial court abused its discretion by denying a temporary injunction to enforce county ordinances, as the government is presumed to suffer irreparable harm when seeking to enforce its police power.
• Sylvio Tabet v. Tabet
  644 So. 2d 557· Fla. 3d DCA· 1994-10-12 ·cited 11×
  A judgment creditor sought to enforce a California divorce judgment against his ex-wife's property interest in Florida real estate titled to a German entity. The trial court dismissed for lack of personal jurisdiction, but the appellate court reversed, holding that a judgment deb
• Salim Tabsch v. Nojaim
  548 So. 2d 851· Fla. 3d DCA· 1989-09-12 ·cited 11×
  The court held that while an injunction was appropriate, the trial court erred in not allowing sufficient funds for corporate obligations and in failing to require an injunction bond.
• City OF Miami v. Coll
  546 So. 2d 775· Fla. 3d DCA· 1989-07-18 ·cited 11×·via Motion For Temporary Injunction
  Sandra Coll, a City of Miami employee, was discharged after reporting alleged malfeasance by city officials. The trial court issued a temporary injunction reinstating her pending resolution of her whistleblower claim. The appellate court reversed because the trial court failed to
• Mid-Florida AT Eustis v. Griffin
  521 So. 2d 357· Fla. 5th DCA· 1988-03-10 ·cited 11×
  Mid-Florida appeals from a temporary injunction requiring it to remove a fence and dirt barrier on its airport property and maintain aircraft access to Griffin's leased properties. The appellate court vacates the injunction, finding that Griffin failed to establish a clear legal
• Nestor Gonzalez v. Francoise Benoit
  424 So. 2d 957· Fla. 3d DCA· 1983-01-11 ·cited 11×·via Temporary Injunctive Relief
  Gonzalez, a residential tenant, appealed the circuit court's dismissal of his complaint for lack of subject matter jurisdiction after his landlord Benoit terminated electrical service and changed the locks to his apartment. The Third District Court of Appeal reversed, holding tha
• AAA Auto Leasing, Inc. v. Morse Taxi & Baggage Transfer, Inc.
  204 So. 2d 902· Fla. 3d DCA· 1967-12-05 ·cited 11×
  This case involves an interlocutory appeal challenging a temporary injunction and an order permitting intervention. The appellate court affirmed the lower court's decision, finding no clear abuse of discretion.
• Wing v. Arnall
  198 F.2d 571· Emer. Ct. App.· 1952-08-21 ·cited 11×
  The court held that a temporary injunction against a price regulation should be denied unless the complainants are reasonably certain to succeed on final hearing, considering equity principles and stabilization objectives.
• Brown v. THE City OF Tampa
  149 Fla. 482· Fla.· 1942-02-10 ·cited 11×
  A municipal ordinance making the sale of alcoholic beverages unlawful on Sunday was invalid and unenforceable because the ordinance was defeated in a city-wide election and the happening of the contingency condition making it effective was never established, despite ambiguity whe
• City of Tarpon Springs v. Chrysostomides
  108 Fla. 500· Fla.· 1933-03-01 ·cited 11×
  The court reversed a lower court's grant of a temporary injunction that prevented the collection of personal property taxes via a distress warrant. The appellate court found the bill of complaint lacked equity, meaning no valid legal grounds existed for the injunction.
• Saidin v. Jorg Korecki
  202 So. 3d 468· Fla. 1st DCA· 2016-11-04 ·cited 10×
  Appellant Saidin appeals a post-judgment non-final order granting temporary injunctive relief and determining liability in favor of the Koreckis. The court affirms the grant of injunctive relief but reverses and remands regarding the inadequate $100 bond amount, dismissing as non
• Smart Pharmacy, Inc. v. Viccari
  213 So. 3d 986· Fla. 1st DCA· 2016-05-31 ·cited 10×
  Smart Pharmacy appealed the trial court's denial of its motion for a temporary injunction against a former employee and his new employer for breach of a noncompete agreement and misappropriation of trade secrets. The appellate court reversed, holding that Smart Pharmacy establish
• Hamilton v. Hamilton
  142 So. 3d 969· Fla. 4th DCA· 2014-07-23 ·cited 10×·via Temporary Injunction Requirements
  A stepson appeals the denial of his motion to dismiss for lack of personal jurisdiction and an order granting a temporary injunction in a dispute with his stepmother over a stock purchase agreement. The court held that while the parties' agreement included a Florida choice-of-law
• Murray Bieda v. Mimi Bieda
  42 So. 3d 859· Fla. 3d DCA· 2010-08-11 ·cited 10×
  In this family law appeal, a former husband challenges temporary injunctions freezing his bank accounts and a final judgment for support arrearages entered ex parte without notice. The court reversed, finding the injunction orders legally insufficient under Florida Rule of Civil
• Ga. Banking Co. v. GMC Lending & Mortg. Servs. Corp
  923 So. 2d 1224· Fla. 3d DCA· 2006-03-22 ·cited 10×·via Temporary Injunction Requirements
  Georgia Banking Company appeals the dissolution of an ex parte temporary injunction that froze bank accounts held by GMC Lending & Mortgage Services Corp. The court reversed, holding that the Bank demonstrated a likelihood of irreparable harm sufficient to support injunctive reli
• City OF Tampa v. McAFEE
  896 So. 2d 943· Fla. 2d DCA· 2005-03-09 ·cited 10×·via Temporary Injunction Requirements
  The City of Tampa appeals orders granting class certification and a temporary injunction against enforcement of a motor vehicle impound ordinance (Section 14-27). The appellate court affirmed the temporary injunction but reversed and remanded the class certification order, findin
• Riverland & Indian SUN L.C. v. L.J. Melody & Co.
  879 So. 2d 1271· Fla. 3d DCA· 2004-08-11 ·cited 10×
  A temporary injunction imposing a constructive trust on commission funds identified in a brokerage agreement is proper where the broker is named beneficiary of a particular fund to be set aside at closing.
• THE Stephan Co. v. Faulding Healthcare (IP) Holdings, Inc.
  844 So. 2d 676· Fla. 4th DCA· 2003-04-16 ·cited 10×
  The court held that a temporary injunction was erroneously granted because there was no indication of future harm or a likelihood of repeated infringing activity.
• Mercado Oriental, Inc. v. Maynor Marin
  725 So. 2d 468· Fla. 3d DCA· 1999-02-17 ·cited 10×·via Temporary Injunction Requirements
  Mercado Oriental appeals a trial court order freezing $40,000 from company sale proceeds in an attorney's trust account pending resolution of an employee's lawsuit for overtime wages and other damages. The appellate court reverses, holding that the trial court failed to satisfy t
• Publix Supermarkets, Inc. v. Zarkia T. Frazier
  696 So. 2d 1369· Fla. 4th DCA· 1997-07-30 ·cited 10×·via Temporary Injunctive Relief
  Publix Supermarkets challenged a trial court order requiring it to preserve a forklift and allow inspection based on a respondent's pre-suit petition. The Fourth District Court of Appeal held that the petition was not authorized under Florida rules and vacated the order, finding
• Silver Express Co. v. The Dist. Bd. OF Lower Tribunal Trs. OF Miami-Dade Cmty. Coll.
  691 So. 2d 1099· Fla. 3d DCA· 1997-03-19 ·cited 10×·via Motion For Temporary Injunction
  Silver Express Company appealed the denial of a temporary injunction seeking to block Miami-Dade Community College from awarding a contract to Husta International Aviation after the College's purchasing committee evaluated proposals in a closed meeting. The court reversed the den
• Leibowitz v. The City OF Miami Beach
  683 So. 2d 204· Fla. 3d DCA· 1996-11-27 ·cited 10×
  The Leibowitzes obtained a temporary injunction against Miami Beach, but the city dissolved it and sought attorney's fees. The court upheld the award of fees exceeding the bond amount but reversed because the trial court improperly based the hourly rate on the city attorney's sal
• Harry K. Singletary as Sec'y of the Fla. Dep't of Corr. v. Costello
  665 So. 2d 1099· Fla. 4th DCA· 1996-01-03 ·cited 10×·via Temporary Injunction Requirements
  A Florida appellate court affirmed a temporary injunction protecting an incarcerated prisoner's constitutional right to refuse medical treatment during a self-imposed hunger strike, holding that the Department of Corrections failed to demonstrate compelling state interests suffic
• Russenberger v. Russenberger
  654 So. 2d 207· Fla. 1st DCA· 1995-04-21 ·cited 10×·via Motion For Temporary Injunction
  Cynthia Russenberger appeals an order prohibiting her relocation with the couple's five children from Pensacola, Florida to Suffern, New York, and imposing a standard visitation schedule. Ray Dean Russenberger cross-appeals an order denying his motion for psychological evaluation
• AOT, Inc. v. Hampshire Mgmt. Co.
  653 So. 2d 476· Fla. 3d DCA· 1995-04-12 ·cited 10×
  AOT, Inc. appealed the setting of an injunction bond in a case involving competing flea market operations in a shopping center. The court affirmed the temporary injunction but reversed the bond amount because the trial court failed to follow proper procedures by allowing both par
• Med. Facilities Dev., Inc. v. Little ARCH Creek Props., Inc.
  656 So. 2d 1300· Fla. 3d DCA· 1995-03-15 ·cited 10×
  Medical Facilities Development, Inc. filed a lis pendens against property owned by Little Arch Creek Properties, Inc. to preserve its claim in a specific performance action, preventing LACPI from completing a sale to another buyer. The Florida District Court of Appeal affirmed th
• Emp. Benefit Plans, Inc. v. Radice Corporate Ctr. I, Inc.
  593 So. 2d 1125· Fla. 4th DCA· 1992-02-05 ·cited 10×·via Temporary Injunction Requirements
  Employee Benefit Plans, Inc. (EBP) appealed the denial of its motion to dissolve a temporary injunction issued by Radice Corporate Center I, Inc., the owner of an office building where EBP administered health benefit plans. The Fourth District Court of Appeal reversed, holding th
• Scarbrough v. Meeks
  582 So. 2d 95· Fla. 1st DCA· 1991-06-26 ·cited 10×
  John Scarbrough appeals a permanent injunction entered against him by the trial court, claiming violation of due process rights and improper denial of his motion to dismiss. The appellate court affirmed that the complaint states a cause of action for injunctive relief but reverse
• Lone Star Steel Co. v. United Mine Workers OF Am. & its Local Union 9313
  851 F.2d 1239· 10th Cir.· 1988-07-06 ·cited 10×
  The court affirmed the district court's judgment, holding that the 'Leasing' clause of the 1974 NBCWA was not an object of the Union's strike and that Lone Star's antitrust claims lacked standing.
• Cook v. Voth
  522 So. 2d 899· Fla. 2d DCA· 1988-02-26 ·cited 10×
  In a family law appeal, the Florida District Court of Appeal reversed the trial court's denial of a motion to dissolve a temporary injunction that prevented the former wife from relocating with the parties' minor child from Hillsborough County to Collier County. The court held th
• T.K. Commc'ns, Inc. v. Herman
  505 So. 2d 484· Fla. 4th DCA· 1987-03-16 ·cited 10×
  T.K. Communications (WSHE) appeals the denial of a temporary injunction against former disc jockeys who breached a non-compete covenant by accepting employment at a competing radio station within the restricted period. The court reverses, holding that the employees violated the n
• Stading v. Equilease Corp.
  471 So. 2d 1379· Fla. 4th DCA· 1985-07-10 ·cited 10×·via Temporary Injunction Requirements
  The court held that a temporary injunction was improperly granted because the appellee failed to allege or prove an inadequate remedy at law.
• Keidaish v. Smith
  400 So. 2d 90· Fla. 2d DCA· 1981-06-03 ·cited 10×
  The appellate court may dismiss an appeal when the appellant has disobeyed a trial court's order.
• McGOVERN v. Amira
  328 So. 2d 862· Fla. 4th DCA· 1976-03-12 ·cited 10×
• Conservation Council OF N.C. v. Col. Albert C. Costanzo
  528 F.2d 250· 4th Cir.· 1975-12-16 ·cited 10×·via Temporary Injunctive Relief
  The court held that the district court did not abuse its discretion in dissolving a temporary injunction and denying further temporary injunctive relief pending environmental review.
• Empire Pontiac Ctr., Inc. v. Gen. Motors Acceptance Corp.
  322 So. 2d 927· Fla. 4th DCA· 1975-11-21 ·cited 10×
• Fla. E. Coast Ry. Co. v. City OF Miami
  299 So. 2d 152· Fla. 3d DCA· 1974-09-03 ·cited 10×
  The court held that the trial court abused its discretion by granting a temporary injunction without adequate basis in the complaint or evidence, and by denying the motion to dissolve it.
• Miller v. Bess MacGILL
  297 So. 2d 573· Fla. 1st DCA· 1974-06-27 ·cited 10×
  The court held that the temporary injunction was erroneously granted because the appellees failed to prove facts entitling them to relief, and the landowner had a legal right to use the unzoned property for any lawful purpose.
• ST. Sophia Greek Orthodox Community v. Vamvaks
  213 So. 2d 313· Fla. 3d DCA· 1968-08-13 ·cited 10×
  The court held that the notice given for the temporary injunction was adequate and the relief granted was temporary in nature, complying with procedural rules. The court also held that denying a jury trial in an equitable case was within the lower court's discretion.
• Int'l Longshoremen's Ass'n, Local 1416, AFL-CIO v. E. S.S. Lines, Inc.
  206 So. 2d 473· Fla. 3d DCA· 1968-01-30 ·cited 10×
  The court held that it was error to cancel an injunction bond and release the surety while a separate appeal from the final decree making the injunction permanent was still pending.
• Flight Eng'rs' Int'l Ass'n, Afl-Cio v. E. AIR Lines, Inc.
  311 F.2d 745· 2d Cir.· 1963-01-04 ·cited 10×·via Application For Temporary Injunction
  Courts lack jurisdiction to resolve disputes over union representation and jurisdictional claims between unions under the Railway Labor Act.
• Bechik Prods., Inc. v. Flexible Prods., Inc.
  225 F.2d 603· 2d Cir.· 1955-08-09 ·cited 10×
  An injunction restraining the institution of suits against a patent infringer's customers may issue only on condition that the infringer furnish a bond to cover any pecuniary award to the patentee.
• Textag Co., Inc. v. Hayslip
  192 F.2d 435· 5th Cir.· 1951-11-20 ·cited 10×
  The court held that the defendants' use of the 'Speed Check System' constituted infringement of the patent and violation of the injunction, and that the damages awarded were supported by the evidence.
• Richardson v. Kittlewell
  45 Fla. 551· Fla.· 1903-01-01 ·cited 10×
  The court reviewed a lower court's decision to dissolve a temporary injunction and dismiss a married woman's bill claiming separate statutory property. While the dissolution of the injunction was affirmed, the dismissal of the bill was reversed.
• The Louisville & Nashville R.R. Co. v. Gip Gibson and George Egbert
  43 Fla. 315· Fla.· 1901-06-01 ·cited 10×
  The court considered whether a railroad company was entitled to an injunction for future trespasses and damages from past logging. The court found the railroad was entitled to an injunction for future trespasses but not for past damages due to insufficient allegations of ownershi
• Surgery Ctr. Holdings, Inc. v. Guirguis
  318 So. 3d 1274· Fla. 2d DCA· 2020-12-11 ·cited 9×·via Motion For Temporary Injunction
  The appellate court reversed in part an order denying a motion for a temporary injunction. The court found that the trial court erred in concluding that two restrictive covenants were not violated, specifically a nonsolicitation provision and a noncompete provision. The case was
• People's Tr. Ins. Co. v. Parvin Nowroozpour and Parviz Nowroopour
  277 So. 3d 135· Fla. 4th DCA· 2019-08-07 ·cited 9×·via Temporary Mandatory Injunction
  An insurer may enforce appraisal and repair provisions of an insurance policy through a counterclaim for specific performance, even after the insureds file suit, though a request for temporary injunction must be dismissed if it fails to allege irreparable harm.
• Allied Universal Corp. v. Given
  223 So. 3d 1040· Fla. 3d DCA· 2017-03-15 ·cited 9×·via Temporary Injunction Requirements
  Allied Universal Corporation appealed the denial of its motion for a preliminary injunction seeking to enforce a non-compete agreement against former employee Jeffrey Given. The appellate court reversed, holding that Given failed to rebut the statutory presumption of irreparable
• Infinity Home Care, L.L.C. v. Amedisys Holding, LLC
  180 So. 3d 1060· Fla. 4th DCA· 2015-11-18 ·cited 9×
  Infinity Home Care and employee Sylvie Forjet appealed a temporary injunction enforcing non-compete and non-solicitation covenants in an employment contract. The Fourth District held that referral sources for home health services constitute a protectable legitimate business inter
• Trans Health Mgmt. Inc. v. Nunziata
  159 So. 3d 850· Fla. 2d DCA· 2014-12-19 ·cited 9×
  In consolidated appeals arising from a nursing home resident's death, the court dismissed the final judgment appeal by Trans Health Management Inc. (THMI) because THMI, as an administratively dissolved corporation, was statutorily barred from prosecuting the appeal under Florida