Temporary Injunctive Relief

53 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• City OF Jacksonville v. Naegele Outdoor Advertising Co.
  634 So. 2d 750· Fla. 1st DCA· 1994-03-30 ·cited 124×
  The City of Jacksonville appeals a temporary injunction granted to outdoor advertising companies challenging a charter amendment and ordinances requiring removal of their signs. The appellate court reverses, holding that the trial court failed to make adequate findings supporting
• Int'l Union v. Nat'l Labor Relations Bd.
  449 F.2d 1046· D.C. Cir.· 1971-03-19 ·cited 28×
  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.
• Univ. Med. Clinics, Inc. v. Quality Health Plans, Inc.
  51 So. 3d 1191· Fla. 4th DCA· 2011-01-05 ·cited 26×
  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
• S. Fla. Limousines, Inc. v. Broward Cnty. Aviation Dep't
  512 So. 2d 1059· Fla. 4th DCA· 1987-09-09 ·cited 24×
  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.
• Hunter v. N. Am. Biologicals, Inc.
  287 So. 2d 726· Fla. 4th DCA· 1974-01-08 ·cited 16×
  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.
• EL Segundo Original REY DE LA Pizza Cubana, Inc. v. REY Pizza Corp.
  682 So. 2d 697· Fla. 3d DCA· 1996-11-13 ·cited 12×
• Nestor Gonzalez v. Francoise Benoit
  424 So. 2d 957· Fla. 3d DCA· 1983-01-11 ·cited 11×
  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
• Publix Supermarkets, Inc. v. Zarkia T. Frazier
  696 So. 2d 1369· Fla. 4th DCA· 1997-07-30 ·cited 10×
  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
• Conservation Council OF N.C. v. Col. Albert C. Costanzo
  528 F.2d 250· 4th Cir.· 1975-12-16 ·cited 10×
  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.
• Siff v. The State Democratic Executive Comm.
  500 F.2d 1307· 5th Cir.· 1974-08-22 ·cited 9×
  The court held that the trial court was justified in denying plaintiffs' pleas for temporary injunctive relief due to constitutional uncertainty.
• Taylor v. Cesery
  717 So. 2d 1112· Fla. 1st DCA· 1998-09-28 ·cited 8×
  Martha Cesery Taylor appeals from a trial court order denying her motion for temporary injunctive relief to prevent the sale of a $2.5 million oceanfront estate property and discharging her lis pendens. The court affirmed the denial of the injunction but reversed the discharge of
• Alex v. Barbour
  583 F.2d 335· 7th Cir.· 1978-08-18 ·cited 8×
  The court held that an appeal from a Section 10(j) injunction is moot once the National Labor Relations Board rules on the underlying unfair labor practice charges.
• Dubner v. Ferraro
  242 So. 3d 444· Fla. 4th DCA· 2018-04-11 ·cited 7×
  A temporary mandatory injunction must comply with Florida Rule of Civil Procedure 1.610(c) by including specific findings for each element of the injunction standard, must include a bond absent recognized exceptions, and must be supported by evidence of irreparable harm and a sub
• McLEOD v. Compressed AIR
  292 F.2d 358· 2d Cir.· 1961-07-11 ·cited 7×
  The court held that the District Court was reasonable in concluding that the Regional Director had cause to believe that the union committed an unfair labor practice by striking to modify an existing contract without proper notice to mediation services.
• People's Tr. Ins. Co. v. Acosta
  259 So. 3d 179· Fla. 3d DCA· 2018-10-10 ·cited 6×
  A temporary injunction compelling insureds to execute a work authorization and submit to appraisal under an election-to-repair clause is not warranted because the insurer has adequate remedies at law, including abatement of the insureds' lawsuit, declaratory relief, and money dam
• City of Miami v. City of Miami Firefighters' & Police Officers' Ret. Tr. & Plan
  249 So. 3d 709· Fla. 3d DCA· 2018-06-06 ·cited 6×
  The trial court erred in denying the City's motion for temporary injunctive relief because the 2010 pension ordinance remained valid and enforceable, the Board lacked unilateral authority to restore pre-2010 pension benefits absent a final court order invalidating the ordinance,
• Aaoep USA, Inc. v. PEX German OE Parts, LLC
  202 So. 3d 470· Fla. 1st DCA· 2016-11-04 ·cited 6×
  AAOEP USA challenged a trial court's non-final order granting a temporary injunction against it while reserving damages determinations for later. The appellate court affirmed the injunction itself but reversed the nominal $100 bond amount as inadequate, remanding for a proper bon
• E-Racer Tech, LLC v. Off. OF the Attorney Gen. Dep't OF Legal Affairs
  198 So. 3d 1107· Fla. 4th DCA· 2016-08-24 ·cited 6×
  E-Racer Tech and its owner appealed a trial court order granting the Florida Attorney General's motion for temporary injunctive relief and asset freeze under the Florida Deceptive and Unfair Trade Practices Act. The appellate court affirmed, finding the trial court did not abuse
• Chastain v. Chastain
  119 So. 3d 547· Fla. 1st DCA· 2013-08-23 ·cited 6×
  In this partnership dissolution dispute, the Florida First District Court of Appeal reversed attorney's fee awards to both parties, finding that the defendants' settlement proposal was invalid because it conditioned acceptance on joint action by multiple plaintiffs, and that the
• Avalon Legal Info. Servs., Inc. v. Keating
  110 So. 3d 75· Fla. 5th DCA· 2013-03-08 ·cited 6×
  Avalon Legal Information Services and Judy Schneider appealed a temporary injunction enjoining them from violating a non-compete/non-solicitation covenant in favor of Gerard Keating. The court affirmed the injunction and bond amount but remanded for modification of the injunction
• N. Tr. Invs., N.A. v. Domino
  896 So. 2d 880· Fla. 4th DCA· 2005-03-02 ·cited 6×
  The court held that a trial court did not abuse its discretion in denying a temporary injunction to enforce a non-compete agreement when the employer had materially breached the employment contract first.
• City OF Jacksonville v. C.J. Ventures, Inc.
  558 So. 2d 133· Fla. 1st DCA· 1990-03-12 ·cited 6×
  The City of Jacksonville and Sheriff McMillan appealed a temporary injunction that blocked enforcement of a municipal ordinance regulating Sunday sales of alcoholic beverages. The court affirmed the injunction, finding the ordinance's enforcement provision violated due process by
• Sammie Invs. v. Strategica Cap. Assocs.
  247 So. 3d 596· Fla. 3d DCA· 2018-05-09 ·cited 5×
  A temporary injunction cannot be granted to preserve assets for satisfaction of a money judgment when the plaintiff has an adequate remedy at law through monetary damages. Irreparable injury requires harm that cannot be cured by money damages.
• LaROSE v. A.K.
  37 So. 3d 265· Fla. 2d DCA· 2009-07-24 ·cited 5×
  A.K. sought a temporary injunction to remove an academic integrity violation and failing grade from her student file, alleging unfair plagiarism accusations by Professor LaRose and the University of Tampa. The trial court granted the temporary injunction, and this appeal affirms
• Lopez v. Paredes
  653 So. 2d 472· Fla. 3d DCA· 1995-04-12 ·cited 5×
  In a joint venture dispute, the trial court issued a non-final order restricting Lopez's ability to write checks and make unilateral managerial decisions without satisfying the procedural requirements for injunctive relief. The court reversed, holding that such restrictions const
• Bell v. ALL Persons Claiming ANY Estate
  198 So. 2d 35· Fla. 3d DCA· 1967-04-18 ·cited 5×
  The court held that a temporary injunction may be granted without notice if the moving party demonstrates urgent necessity and the allegations in the sworn motion are presumed true in the absence of a motion to dissolve.
• Griveas v. Amoco OIL Co.
  854 So. 2d 841· Fla. 4th DCA· 2003-09-24 ·cited 4×
  John Griveas, a tenant operating a gasoline station under assignment from the original lessee, appealed a temporary injunction granted to Amoco Oil Company that effectively evicted him from the premises. The Fourth District Court of Appeal reversed in part, holding that the trial
• Crane Inst. OF Am., Inc. v. Am. Crane Training Servs., Inc.
  621 So. 2d 740· Fla. 5th DCA· 1993-06-25 ·cited 4×
• Nazia, Inc. v. Amscot Corp.
  275 So. 3d 702· Fla. 5th DCA· 2019-05-31 ·cited 3×
  A temporary injunction was improperly granted where the licensee possessed only a revocable license to use parking spaces, was unlikely to succeed on the merits, and the injunction would alter rather than preserve the status quo by requiring restoration to a pre-construction cond
• Orkin Exterminating Co., Inc. v. Bailey
  550 So. 2d 563· Fla. 4th DCA· 1989-11-01 ·cited 3×
  The court held that the trial court erred in unreasonably restricting the geographic scope and duration of temporary injunctions enforcing non-competition agreements.
• RPSS Grp., LLC v. Miami Chassis & Alignment, Inc.
  Fla. 3d DCA· 2025-03-05 ·cited 2×
  RPSS Group appealed the trial court's denial of its emergency motion for a temporary injunction seeking return of a Lamborghini vehicle held by Miami Chassis & Alignment due to disputed storage fees. The Third District Court of Appeal affirmed the denial, finding the trial court
• Lusby v. Canevari
  363 So. 3d 233· Fla. 6th DCA· 2023-03-03 ·cited 2×
  The appellate court reversed a temporary injunction because the trial court failed to make findings on all four necessary elements and did not hold an evidentiary hearing on the injunction bond amount. The case highlights the procedural requirements for granting temporary injunct
• 4UORTHO, LLC v. Practice P'rs, Inc.
  18 So. 3d 41· Fla. 4th DCA· 2009-09-09 ·cited 2×
  Practice Partners sought a temporary injunction against 4UOrtho and its owners for breach of a confidentiality and non-solicitation agreement after 4UOrtho hired several of Practice Partners' employees. The trial court granted the temporary injunction, but the appellate court aff
• Brassie Golf Corp. v. Bryan Strong for the UA Canadian Pipeline Indus. Nat'l Pension Fund & the Edmonton Pipe Indus. Pension Tr. Fund
  696 So. 2d 794· Fla. 2d DCA· 1997-02-12 ·cited 2×
• Russel Vessels, JR v. DR. Terrazzo of Fla., LLC
  352 So. 3d 946· Fla. 5th DCA· 2022-12-22 ·cited 1×
  A preliminary injunction enforcing a non-compete agreement is not sustainable where the evidence establishes only ordinary on-the-job training in industry-standard practices, as such training does not constitute extraordinary or specialized training sufficient to support a legiti
• Amerigas Propane, Inc. v. Sanchez
  335 So. 3d 1253· Fla. 3d DCA· 2021-11-03 ·cited 1×
  AmeriGas Propane appeals a trial court's denial of a motion for temporary injunctive relief against former employee Nelson Sanchez and his new employer Blossman Gas for alleged breach of non-compete and non-solicitation agreements. The appellate court reverses, finding that Ameri
• Data Payment Sys. v. Caso
  253 So. 3d 53· Fla. 3d DCA· 2018-08-01 ·cited 1×
  A trial court seeking to deny a temporary injunction for violation of a non-compete agreement must apply the statutory presumption of irreparable injury under Florida Statute § 542.335(1)(j), and the availability of other causes of action seeking monetary damages does not ipso fa
• ASA Coll., Inc. v. Dezer Intracoastal Mall, LLC
  250 So. 3d 731· Fla. 3d DCA· 2018-06-20 ·cited 1×
  ASA College appeals a trial court order denying its motion for temporary injunction against Dezer regarding parking rights, while affirming the court's grant of Dezer's motion to enjoin ASA's college operation. The Third District reversed the denial of ASA's parking injunction ba
• Palm Beach Cnty. Env't Coal. v. Florida
  587 F. Supp. 2d 1254· S.D. Fla.· 2008-11-18 ·cited 1×
  The court denied plaintiffs' motion for temporary injunctive relief because they failed to establish a likelihood of success on the merits and lacked proper service and jurisdiction over defendants. The court also denied the intervenor-defendant's motion in limine as moot.
• Belancy v. Booth
  400 So. 2d 1268· Fla. 5th DCA· 1981-06-24 ·cited 1×
  An incarcerated mother sought custody of her newborn child born while imprisoned, requesting temporary injunctive relief to keep the infant with her in prison. The trial court denied the request and placed the child with the maternal grandmother, and the appellate court affirmed,
• City of Lauderdale Lakes v. Tinisha Allen
  Fla. 4th DCA· 2025-11-12
  A trial court exceeds its jurisdiction when it sua sponte raises constitutional challenges and recalculates lien amounts that were not pleaded or argued by the parties, and a defendant waives the right to contest code enforcement fines by failing to appeal the special magistrate'
• Walker v. Cape Food Props., LLC
  Fla. 1st DCA· 2024-07-31
  A trial court must make clear, definite, and unequivocally sufficient factual findings addressing all four elements of temporary injunctive relief, including irreparable harm, or the injunction order must be reversed and remanded.
• Landfall2, Inc. v. Datascore-AI, LLC
  S.D. Fla.· 2022-11-30
  The court granted the defendant's motion to compel discovery, finding the plaintiff's failure to respond and its deficient discovery responses waived any objections.
• McElroy v. Fla. Power & Light Co.
  Fla. 4th DCA· 2022-11-23
  The Court affirmed the conviction for assault with a dangerous weapon but reversed and remanded for the board of review to clarify the evidentiary standard it applied in evaluating the evidence, as the opinion created ambiguity about whether the board used the proper standard of
• McElroy v. Fla. Power & Light Co.
  Fla. 4th DCA· 2022-11-23
• Shillum Shania Thomas v. Glenville Alphonso Thomas
  Fla. 2d DCA· 2022-04-08
  The appellate court reviewed a nonfinal order granting a temporary injunction. While the trial court had a basis for the injunction, it erred by failing to require the movant to post a bond as mandated by Florida Rule of Civil Procedure 1.610(b).
• Seissa Belmondo v. EDY Amisial
  Fla. 3d DCA· 2022-02-16
  Seissa Belmondo appeals a trial court order granting temporary injunctive relief against her for allegedly making defamatory statements about Dr. Edy Amisial. The Third District Court of Appeal reversed, holding that temporary injunctive relief is generally unavailable to prohibi
• Ralicki v. 998 SW Court Rd, LLC
  Fla. 5th DCA· 2018-09-03
  An ex parte emergency injunction may be issued without initially setting a bond, but the trial court must remand for an evidentiary hearing to determine the appropriate bond amount after both parties have an opportunity to present evidence.
• Nine Island Ave. Condo. Ass'n, Inc. v. Siegel
  23 So. 3d 1248· Fla. 3d DCA· 2009-12-02
  The Florida Third District Court of Appeal reversed a trial court's award of attorney's fees to a condominium unit owner who prevailed in obtaining denial of the association's petition for temporary injunctive relief. The court held that prevailing party fees are premature when t
• Fabio Botero v. Am's. Latin Prods., Inc.
  962 So. 2d 381· Fla. 5th DCA· 2007-08-03