GABE KAIMOWITZ, ESQUIRE, QUI TAM, PLAINTIFF-APPELLANT, USA, EX REL., PLAINTIFF,
v.
ORLANDO, FLORIDA, RICK BERNHARDT, ORLANDO NEIGHBORHOOD IMPROVEMENT CORPORATION, ("ONIC"), DEFENDANTS-APPELLEES

11th Cir. | 1997-11-20
No. 96-2307
Before ANDERSON and BLACK, Circuit Judges, and CLARK, Senior Circuit Judge.
131 F.3d 950 Court of Appeals for the Eleventh Circuit (1997) Caution
Cited by 19 cases

Opinion of the Court
PER CURIAM:

PER CURIAM: No member of this panel nor other judge in regular active service on the Court having requested that the court be polled on Rehearing En Banc (Rule 35, Fed.R.App.P.; Eleventh Circuit Rule 35-5), the Suggestion of Rehearing En Banc is DENIED. On panel rehearing, the-last two sentences (including footnote 7) of the opinion are hereby deleted, and the following sentence is substituted in lieu thereof: For the reason discussed above, the record conclusively established that Kairnowitz was not entitled in this suit to the unrelated preliminary injunction he sought, and thus it was clear that an evidentiary hearing was not necessary. The petition for panel rehearing is DENIED in all respects except for the foregoing-amendment of the opinion.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (18 total)

  • McDONALD'S Corp. v. Robertson, 147 F.3d 1301 (11th Cir. 1998)
    …tion. The court thus determines that under the facts of this case appellants were deprived of a fair and meaningful opportunity to oppose appel-lees’ motion.” Id. at 1538. Conversely, in Kaimowitz v. Orlando, 122 F. 3d 41 (11th Cir.1997), amended, 131 F. 3d 950 (11th Cir.1997), we held that the district court did not err in declining to hold an evidentiary hearing on the plaintiffs motion for preliminary injunction where the preliminary injunction sought bore no relationship whatsoever to the underlying ac…
    1 / 3
  • Wilson v. Lamb (M.D. Fla. 2025)
    …ulative, but actual and imminent.” Siegel, 234 F.3d at 1176. A request for injunctive relief must be related to the claims raised in the operative complaint. See Kaimowitz v. Orlando, Fla., 122 F.3d 41, 43 (11th Cir. 1997), opinion amended on reh'g, 131 F.3d 950 (11th Cir. 1997) (“A district court should not issue an injunction when the injunction in question is not of ² The primary distinction between a temporary restraining order and a preliminary injunction is that the former is issued ex parte, while t…
  • …2022); Keister v. Bell, 879 F.3d 1282, 1287-88 (11th Cir. 2018). Here, Plaintiff seeks relief based on conduct that occurred after he initiated this action. See Kaimowitz v. Orlando, Fla., 122 F.3d 41, 43 (11th Cir. 1997), opinion amended on reh’g, 131 F.3d 950 (11th Cir. 1997) (“A district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit."); see also Bruce v. Reese, 431 F. App’x 805, 806 n…

Previewing 3 of 18 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Full citator, related cases, and AI research tools

Open in FLexlaw