This is a lawsuit seeking declaratory and injunctive relief pursuant to Florida Statute Sections 86.011 and 86.021. (1) Any person injured as a result of an act or practice which violates this act may bring a civil action for appropriate relief, including an action for a declaratory judgment, injunctive relief, and actual damages. 66) THE MATTER under consideration in this . Alexdex. Related Stories. . 1391(e)(1) because this is an action . This is a civil action brought pursuant to 42 U.S.C. The unavailability of an adequate remedy at law. complaint for injunctive relief florida. and THE ALACHUA COUNTY MANAGER, DEFENDANTS. 10941 and Laws of Florida, Ch. DECK TYPE: Antitrust. 28 U.S.C. DATE STAMP: 06/21/2000. state of Florida in 1925 and yet again in 1943, under the legislative powers granted to the Florida legislature under the 1885 Constitution of the State of Florida. at 600; Verdecia v. Am. Declaratory and Injunctive Relief Complaint (Georgia) Please read the "Welcome" page first. The Plaintiff, ROCA LABS, INC. ("ROCA"), a Florida Corporation, by and through . A substantial likelihood of success on the merits at trial. Florida Statute Section 86.011 states: 86.011 Jurisdiction of trial court.-- The circuit and county courts 12181-12189 of the Americans with Disabilities Act ("ADA") and 28 C.F.R. (APA). COMPLAINT FOR INJUNCTIVE, DECLARATORY RELIEF, AND DAMAGES Plaintiff, STATE OF FLORIDA, DEPARTMENT OF LEGAL AFFAIRS sues Defendant, TODD TEAL d/b/a WALTER A. SMITH, SNUFFY SMITH, (TEAL) and alleges: NATURE OF THE ACTION 1. Resources to assist counsel in moving for temporary injunctive relief in Florida state court. Suites franchisee seeking injunctive relief, to effectuate a complete de-identification of the hotel and for damages stemming from unpaid franchise fees. A non-compete agreement is enforced through injunctive relief with an employer moving for a preliminary injunction to protect its reasonable, legitimate business interests. 2409a or award damages or order Sarasota County to compensate these owners for any property Sarasota County claims to have taken in excess of the 8 Article X, Sec. Or is incorporated under the laws of (foreign nation), and has its principal place of business in (name) . A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate . 1 The SEC's Complaint is attached hereto as Exhibit A. 35. Publicado el 5 diciembre, 2021 por . At all times relevant to this complaint, Defendant and their police officers, employees, and agents, were acting under color of state law. Case 3:21-cv-00093-BJD-JBT Document 1 Filed 01/25/21 Page 2 of 118 PageID . Giro is 41 years old and, during the relevant time period, resided in Miami, Florida. 2202, in the form of injunctive relief barring Defendants from further seeking to have the arbitrator decide the question of class arbitrability. is a Florida for profit corporation that was formed in 2006 as Appealing Ventures, Inc. This is an action for permanent injunctive relief, declaratory relief, and This is an action for declaratory and injunctive relief pursuant to Title III of the Americans with Disabilities Act ("ADA") 42 U.S.C. 1391(e)(1) because this is an action . Sometimes a party pursues what is known as an action for declaratory relief or declaratory judgment- for a trial court to declare their rights with respect to the application of a written document or instrument.In this manner, Florida Statute s. 86.021 states: Any person claiming to be interested or who may be in doubt about his or her rights under a deed, will, contract, or other article . 9:03-bk-26514-ALP JET 1 CENTER, INC., . This Circuit Court has jurisdiction pursuant to these statutes. If ever there was a super legal-sounding term for a fairly common occurrence, it would be injunctive relief, which essentially means to get someone to stop doing something. 35. Chapter 3: The Advocate's Role in the Planning Process. Plaintiffs also are entitled to necessary and proper relief, pursuant to 28 U.S.C. See also Chapter 224.08, Special Acts of Florida, 1943. COMPLAINT and VERIFIED* MOTION FOR TEMPORARY INJUNCTION. Under the Florida Securities and Investor Protection Act (the "Act"), "[i]t is . Specifically, this Toolkit offers resources explaining the issues to consider before requesting temporary injunctive relief, the applicable rules for requesting temporary injunctions both with notice and ex parte, and how to draft, file, and serve a motion for temporary injunction. Image 8/8/2013: COMPLAINT FOR INJUNCTIVE RELIEF COMPLAINT Accordingly, injunctive relief ordering the extension of vote-by-mail options and other accommodations at polling places is necessary to protect the fundamental right to vote. Defendant, Mortgage Foreclosure Solutions, Inc. ("MFS"), is a Florida corporation that has a principal place of business at 16809 U.S. Highway 19 N., Suite B, Clearwater, Florida. v. Highlands-In-The-Woods, L. L.C. (2017) 227 So. 1983 to challenge the constitutionality of the licensing and regulatory requirements imposed by Pinellas County, Florida on charitable organizations that engage in protected speech and interstate commerce with residents o Injunctive relief. Of Envi , represented by White, Kirk Sanders , against Hill, Jeffrey L , Hill, Jeffrey Lance , represented by in the jurisdiction of Columbia County. Plaintiff Securities and Exchange Commission (the "Commission") alleges and states as follows: . plaintiff, complaint for restitution, accounting, injunctive relief, v. civil penalties, and costs and fees arising out of negligent misrepresentation in healing heroes network, inc., a charitable solicitation and florida nonprofit corporation doing reporting; intentional business as american injured veterans, misrepresentation in This is an action for declaratory and injunctive relief pursuant to Title III of the Americans with Disabilities Act ("ADA") 42 U.S.C. In other words, you want to enjoin (stop) the other party from doing something. Written by Larry Pino. that this Court immediately take jurisdiction of this matter and enter an Order granting temporary and permanent injunctive relief expressly precluding and cancelling the foreclosure sale presently scheduled . This is an action for inverse condemnation, trespass, negligence, and private and public nuisance for damages that exceed $15,000 and for injunctive relief. clearly appears from specific facts shown by affidavit or by verified complaint that immediate or FOURTH AMENDED COMPLAINT FOR INVERSE CONDEMNATION, TRESPASS, NUISANCE, AND NEGLIGENCE Plaintiff, Crowley Museum and Nature Center, sues defendants and alleges: 1. A copy of the complaint shall be delivered promptly to the Clerk of . Plaintiff Tyler Toomey ("Plaintiff") brings this action on behalf of himself and all others . Although injunctive relief is the most effective tool for removing defamatory statements and preventing future defamatory statements, Florida case law prohibits the use of an injunction in defamation cases. Parties 13. It changed . The court has jurisdiction in this matter under Section 403A, Title 23 of the Columbia Revised . See Laws of Florida, Ch. On May 11th, 2020, Plaintiffs filed a Complaint alleging violations of . COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF INTRODUCTION . ; and. Injunctive Relief. Part 36 and alleges: JURISDICTION 1. plaintiff, prison legal news ("pln"), a project of the human rights defense center, brings this action pursuant to 42 u.s.c. Venue is proper pursuant to 28 U.S.C. Injunction Accordingly, injunctive relief ordering the extension of vote-by-mail options and other accommodations at polling places is necessary to protect the fundamental right to vote. Case Number:_____-CIV-_____ . Florida's constitutional right to privacy is contained in Article I, 23 of the U.S.C. COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400, receipt number 0971-14848586.). 701, et seq. 1. did not involve a claim for declaratory relief. (If more than one defendant is named in the . SECOND CAUSE OF ACTION (Declaratory Judgment Pursuant to 28 U.S.C. 1. Series 2. . The present corporation owners have operated the Arcade since 2011. 105(a) and this C ourt's inherent equitable powers, against Countrywide Home Loans, 12181-12189. Plaintiffs also are entitled to necessary and proper relief, pursuant to 28 U.S.C. hear the plaintiff's claim for declaratory and injunctive relief because the plaintiff alleged an amount in controversy in excess of $15,000; which obviously, is due to the fact that . A substantial likelihood of success on the merits at trial. 701, et seq. No. The City is sued for injunctive and declaratory relief on the basis of acts of officers, agents, and employees of the City taken pursuant to official policy, practice, or custom. Rigby, 505 So. and Florida Statute 86.011, et seq. (Attachments: #1 Civil Cover Sheet)(Bien, Michael) (Filed on 8/21/2020) MIDDLE DISTRICT OF FLORIDA FT. MYERS DIVISION In re: Chapter 11 Case Case No. On August 06, 2021 a Other case was filed by State Of Florida, Department Of Revenue, represented by Savoca, John G, against Ras Dashen Llc, represented by in Plaintiffs, LEAGUE OF WOMEN VOTERS OF FLORIDA, INC., MEGAN NEWSOME, AMOL JETHWANI, MARY ROYa/k/a JAMIE ROY, DILLON BOATNER, ALEXANDER ADAMS, and ANJA RMUS, by and through their undersigned counsel, file this COMPLAINT FOR DECLARATORYAND INJUNCTIVE RELIEF against Defendant KENNETH ("KEN") W. DETZNER, in Venue is proper in this District pursuant to 28 U.S.C. Introduction 1. If the defendant is a corporation The defendant, (name), is incorporated under the laws of the State of (name), and has its principal place of business in the State of (name). (2001). Prior to the amendment to Section 393.0661, Florida Statutes, only two waivers existed - the DD Waiver which had no cap on costs of home based services and the Family and Supported Living Waiver which had an annual cost budget limit of $14,972. Pro Se 2 (Rev. (NOT DOMESTIC VIOLENCE) ** The Florida Supreme Court in Provident Management Corp. v. City of Treasure Island, 796 So.2d 481, 485 (Fla. 2001) set forth the essential elements for a temporary injunction which shows the essential elements as follows: (1) irreparable injury will result if the injunction is not granted; 2201, 2202) 36. Friday, 08 July 2016 18:14. Complaint, Declaration, and Petition for Emergency Injunctive Relief (the "Petition"), . Gainesville Woman Care, LLC v. State of Florida March 23, 2022. The injunction will serve the public interest. ; and. 2201. 2. This prohibition dates back to Reyes v. Although injunctive relief is the most effective tool for removing defamatory statements and preventing future defamatory statements, Florida case law prohibits the use of an injunction in defamation cases. Injunctive relief, also known as an " injunction ," is a legal remedy that may be sought in a civil lawsuit, in addition to, or in place of, monetary damages. Venue is proper pursuant to 28 U.S.C. This is an action for injunctive relief, declaratory relief, and for breach of contract involving . 6973(15). Risk Assur. comes now plaintiff juan carlos gil ("plaintiff), by and through his undersigned counsel, and hereby sues defendant the broward county ("defendant") for declaratory and injunctive relief, attorney's fees and costs (including, but not limited to, court costs and expert fees) pursuant to title ii of the americans with However, temporary injunctive relief may be granted without the posting of a bond in the following situations: 1) injunctions entered "on the pleading of a municipality or the state or any officer, agency, or political subdivision thereof"; or 2) injunctions "issued solely to prevent physical injury or abuse of a natural person." A complaint for declaratory relief must allege the following: the plaintiff has a justiciable question as to the existence or nonexistence of some right, status, immunity, power or privilege, or as to some fact upon which existence of such a claim may depend; the plaintiff is in doubt as to the claim; and (4) there is a bona fide, actual . The Defendant RICHARD CORCORAN, in his official capacity as Commissioner of the Florida Department of Education, is responsible for the acts and omissions of the FLDOE. Defendant, Debra Behrens ("Behrens"), is an owner and officer of Defendant MFS. ; and Florida's Religious Freedom Restoration Act of 1998, Fla. Stat. The Test for Sufficiency of a Declaratory Relief Claim. COMPLAINT FOR INJUNCTIVE RELIEF. 3d 161, 163 citing Nat'l Indem. In answer to Paragraph 25, Defendant states that the allegations of Paragraph 25 constitute legal conclusions Frivilous Pleading Letter (Florida) . In other words, money damages will not right the wrong. As stated more specifically in Plaintiffs' Complaint, on June 24, 2020, Defendant Palm In other words, money damages will not right the wrong. (APA). Plaintiff's Complaint concerned property and persons other than Defendant. COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 1. COMPLAINT Motion to Dismiss . COMPLAINT FOR INJUNCTIVE AND OTHER RELIEF. judgment, and preliminary and permanent injunctive relief and damages. Findings & MFG. Upon information and belief, Giro continues to reside in Dade County, Florida and may be concealing his whereabouts . Findings & MFG. injunctive relief. 4. have exclusive jurisdiction: (a) In all actions at law cognizable by the county . In 2007, the Florida Legislature amended section 393.0661, Florida Statutes to In order to obtain a temporary injunction, a party must prove: It will suffer irreparable harm if an injunction is not granted. Plaintiff Aishia Petersen ("Plaintiff "or "Petersen"), by and through undersigned counsel, files this Complaint for Permanent Injunctive Relief pursuant to Title III of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. 18. And yet the State of Florida ("the State") has failed to take reasonable emergency measures . The Strawberry Alarm Clock on their 1967 and 2017 Venice Beach gigs . COMPLAINT Motion to Dismiss . 25. 25. World Relief Corporation, 1980 - 2003 Complaint for Declaratory and Injunctive Relief - State of Florida vs. William French Smith. NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION ISRAEL HAM, STEVEN GORDON, PHILLIP HOOKS, . Disability Independence Group, Inc., 2990 Southwest 35th Avenue, Miami, Florida 33133 . 31. 19. Tip 2: Use the Complaint as the Starting Point. Every temporary injunction granted without notice shall be endorsed with the date and hour of entry and shall be filed forthwith in the clerk's office and shall define the injury, state findings by the court why the injury may be irreparable, and give the reasons why the order was granted without notice if notice was not given. JURISDICTION AND VENUE 1. (2) On the application for a temporary . This Court has the authority to enter a declaratory judgment and to provide preliminary and permanent injunctive relief pursuant to Rules 57 and 64 of the Federal Rules of Civil Procedure and 28 U.S.C. On September 15, 2015 a Circuit Civil 3-D case was filed by State Of Florida Dept. When determining whether a complaint alleges an action for damages or one for equitable relief, Florida courts "look [ ] to whether the 'real issue' is one for damages" or equitable relief. 4. Injunctive relief can be issued by a court before the case is decided on the merits in the form of a temporary restraining order (TRO) or preliminary injunction (PI). dadelstein@gmail.com 954-361-4720 Filed byElaine Peng, U.S. WeChat Users Alliance, Fangyi Duan, Brent Coulter, Xiao Zhang, Chihuo Inc., Jinneng Bao. MIAMI DIVISION . Jurisdiction is conferred on this Court by Chapters 26, 34, 86.011. 12181-12189. MOTION FOR EMERGENCY INJUNCTIVE RELIEF AND MEMORANDUM Plaintiffs pursuant to Rule 65 of the Federal Rules of Civil Procedure move . Email Address * ZIP Code * Leave this field blank . This is a First Amendment constitutional challenge to provisions of the Bipartisan Cam- . The injunction will serve the public interest. 1391(b)(1) and (2) because the Defendants reside in this District and because a substantial part of the events or omissions giving rise to the claims occurred in this . (Polk Cnty. Injunctive relief is considered an extraordinary remedy in both State and Federal court. 6 of the Constitution of the State of Florida provides that "No private . 0 Comments. s 12181-12189 . Relief is sought pursuant to Florida law authorizing declaratory relief and injunctive reliefand Title 42 U.S.C. FACTUAL ALLEGATIONS 12181-12189 of the Americans with Disabilities Act ("ADA") and 28 C.F.R. 2202, in the form of injunctive relief barring Defendants from further seeking to have the arbitrator decide the question of class arbitrability. complaint for injunctive relief florida. Injunctive relief is an order by the court that an action be done or to prevent someone from performing a specified action. Plaintiff's Emergency Motion for Temporary Injunction . To redress irreparable harm to their rights, Plaintiffs seek declaratory and injunctive relief for violation of their constitutional and statutory rights, and seek compensatory and nominal damages to redress past legal . AMENDED COMPLAINT (Doc. COMPLAINT FOR INJUNCTIVE RELIEF AND SANCTIONS Plaintiff, Donald F. Walton, United States Trustee for Region 21 (the "United States Trustee"), by and through his duly authorized counsel , seeks injunctive relief and sanctions, pursuant to 11 U.S.C. FACTS For years, BOARDWALK BROTHERS, INC., has operated an amusement arcade in Tamarac. The President of the United States and the Governor of Florida have each declared a state of emergency. 6 Common Examples of Injunctive Relief. First Claim for Relief (Section 7003 of the Resource Conservation and Recovery Act, 42 U.S.C. Title: Image 8/8/2013: COMPLAINT FOR INJUNCTIVE RELIEF Author: tbexley Created Date: 8/8/2013 4:30:06 PM complaint for declaratory and injunctive relief Scott Israel, in his capacity as the elected Sheriff of Broward County, Florida, seeks declaratory and injunctive relief against Governor Communities, LLC for injunctive relief pursuant to 42 U.S.C. Publicado el 5 diciembre, 2021 por . 2201 and 2202. 937 (Fla. 1895), where the Florida Supreme Court held that in the absence of some other [] Admitted for jurisdictional purposes only. 2201-2 (declaratory judgment and injunctive relief) and 5 U.S.C. Cross Florida Barge Canal, FDE has continued to focus its efforts on repairing the damage caused . Plaintiffs seek preliminary and permanent injunctive relief pursuant to Rule 65, Federal Rules of Civil Procedure. 2. COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Plaintiffs, Restoration Association of Florida, Inc. ("RAF") and Florida Premier Roofing LLC ("Florida Premier" and together with "RAF", "Plaintiffs"), by their undersigned counsel, sue Defendants, Melanie S. Griffin, in her official capacity as Secretary of the Florida Department of Injunctive Relief in Florida. 30. COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400, receipt number 0971-13366068.). 2201 a nd 2202. This prohibition dates back to Reyes v. against the Debtor and sought an injunction against the Debtor to conduct any fueling operations at the The City changed its name from "New 26. 22408. In this presentation, Jimerson Birr Associate Austin B. Calhoun covers Florida law on injunctive relief as a remedy, the process for seeking and obtaining injunctive relief through the judicial system, pre-litigation considerations, and enforcement of an injunction order once entered. The test for sufficiency of a declaratory relief claim is not whether the claim shows that the plaintiff will prevail, but whether there is a bona fide dispute and the plaintiff is entitled to a declaration of rights. The Defendant, ORANGE COUNTY SCHOOL BOARD, ("Board" or "District"), Gainesville Woman Care, LLC v. State of Florida . MFS transacts or has transacted business in this district. and 1988. 2000cc-1, et seq. COMPLAINT FOR NEGLIGENCE The Plaintiff states that: (body) 1. injunctive relief against Defendants, The South Florida Hotel and Culinary Employees Welfare Fund ("the Fund") and UNITE Here, Local 355 ("the Union"), pursuant to Section 4301(a)(1) of Cross Florida Barge Canal, FDE has continued to focus its efforts on repairing the damage caused . Image 8/8/2013: COMPLAINT FOR INJUNCTIVE RELIEF COMPLAINT Accordingly, injunctive relief ordering the extension of vote-by-mail options and other accommodations at polling places is necessary to protect the fundamental right to vote. 2201, 2202) 36. SOUTHERN DISTRICT OF FLORIDA . GET STARTED. 833-TREMBLY. . Communities, LLC for injunctive relief pursuant to 42 U.S.C. SECOND CAUSE OF ACTION (Declaratory Judgment Pursuant to 28 U.S.C. COMPLAINT FOR PERMANENT INJUNCTION, MONETARY RELIEF, AND OTHER RELIEF (DOCUMENT SUBMITTED UNDER SEAL) FIRST COAST MATCHMAKERS LLC, a Florida limited liability company, also d/b/a Wholesale Tradelines, FINANCIAL CONSULTING MANAGEMENT GROUP LLC, a Florida limited liability company, and Part 36 and alleges: JURISDICTION 1. 526.312 Enforcement; private actions; injunctive relief.. The unavailability of an adequate remedy at law. Stay Informed. (Attachments: #1 Civil Cover Sheet)(O'Grady, Sharon) (Filed on 5/21/2019) This action arises under Chapter 713 and 720, Florida Statutes, and under the Fair Housing Act of 1968, as amended, 42 U.S.C. Verified Complaint for Declaratory and Injunctive Relief Plaintiffs complain as follows: Verified Complaint 1 Case 1:14-cv-00853 Document 1 Filed 05/23/14 Page 1 of 22. Injunction Accordingly, injunctive relief ordering the extension of vote-by-mail options and other accommodations at polling places is necessary to protect the fundamental right to vote. And yet the State of Florida ("the State") has failed to take reasonable emergency measures . Nor does the Court of Federal Claims have jurisdiction to quiet title under 28 U.S.C. and injunctive relief. 2201-2 (declaratory judgment and injunctive relief) and 5 U.S.C. Plaintiffs also seek declaratory relief pursuant to 28 U.S.C. This is an action for injunctive and declaratory relief, costs, damages, attorney's fees, penalties, and other available statutory relief, pursuant to the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"), Chapter 501, Part II, Florida Statutes (2013). While any preliminary relief must be requested in a motion and is typically supported by a brief, it is beneficial to utilize . INJUNCTIVE RELIEF SOUGHT . Florida. Download Legal Document . Universities have sent students home, people are remaining in quarantine, poll workers are dropping out, and . The United States of America, acting under the direction of the Attorney General of the United States, brings this civil antitrust action to enjoin the acquisition of certain waste hauling and disposal assets by Defendants Allied Waste Industries, Inc. ("Allied") and . 761.03, et seq. Declaratory relief is authorized by Rule 57 of the Federal Rules of Civil Procedure and by 28 U.S.C. Rather than offering money as payment for a wrong in a civil action, injunctive relief is a court order for the defendant to stop a specified act or behavior. (Complaint related to the Immigration and Naturalization Act), 1981 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF INTRODUCTION . The 2021 Florida Statutes. 28 U.S.C. 6. Sections 2, 4, 9 and 23 of the Florida Constitution; (see Complaint at Prayer for Relief (b)); c) an injunction enjoining Defendant Palm Beach County from enforcing its unlawful Mask Mandate; (see Complaint at Prayer for Relief (c)). In order to obtain a temporary injunction, a party must prove: It will suffer irreparable harm if an injunction is not granted. 3601, et seq. 12/16) Complaint and Request for Injunction b. Filed byState of California, California High-Speed Rail Authority. Florida has reported 149 confirmed cases of COVID-19 and four deaths to date, with every expectation that these numbers will rise. 1983 for damages and to enjoin defendant, kenneth j. mascara, in his official capacity as sheriff of st. lucie county, florida ("the sheriff"), from enforcing a policy at the st. lucie county jail ("jail") that requires 17. 2d. 17. not