Irreparable Harm

2,255 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Cruz v. Cooperativa de Seguros Multiples de Puerto RICO, Inc.
  76 So. 3d 394· Fla. 2d DCA· 2011-12-30 ·cited 15×
  Homeowners challenged a trial court's order staying their insurance breach-of-contract lawsuit pending completion of a mandatory neutral evaluation process for a sinkhole claim. The court dismissed the certiorari petition for failure to demonstrate irreparable harm and denied the
• Biscayne Park, LLC v. Wal-Mart Stores E., LP
  34 So. 3d 24· Fla. 3d DCA· 2010-02-17 ·cited 15×
  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
• Yachting Promotions, Inc. v. Broward Yachts, Inc.
  792 So. 2d 660· Fla. 4th DCA· 2001-08-29 ·cited 15×
  Yachting Promotions appealed from a preliminary injunction requiring it to allow Broward Marine to exhibit at the Fort Lauderdale International Boat Show. The Fourth DCA reversed, holding that Broward Marine failed to establish a likelihood of success on its constitutional access
• Aspex Eyewear, Inc. v. Jerrold Ross
  778 So. 2d 481· Fla. 4th DCA· 2001-02-21 ·cited 15×
  The court held that financial records are discoverable if relevant to damages, and that it lacked jurisdiction to review claims of irrelevant material production for certiorari.
• State v. Morrison
  727 So. 2d 404· Fla. 3d DCA· 1999-03-10 ·cited 15×
  The Florida appellate court granted a writ of certiorari to quash a trial court's order committing a 16-year-old defendant, indicted as an adult for first-degree murder, to a specific secure juvenile facility. The court held that while trial courts can commit incompetent defendan
• Associated Gen. Contractors OF Cal., Inc. v. Coal. FOR Econ. Equity
  950 F.2d 1401· 9th Cir.· 1991-12-06 ·cited 15×
  The court held that the district court properly denied AGCC's request for preliminary injunctive relief because AGCC failed to demonstrate a substantial likelihood of success on the merits and a possibility of irreparable harm.
• Temple Univ. v. White
  941 F.2d 201· 3d Cir.· 1991-07-30 ·cited 15×
  The court held that Pennsylvania's Medicaid payment rates were invalid because the state failed to make required findings on their reasonableness and adequacy, and affirmed the district court's injunctive relief.
• Nutrition 21 v. The United States
  930 F.2d 867· Fed. Cir.· 1991-03-29 ·cited 15×
  The court held that the district court erred by failing to set forth adequate findings of fact to support the preliminary injunction, necessitating its vacation.
• Opticians Ass'n OF Am. v. Indep. Opticians OF Am.
  920 F.2d 187· 3d Cir.· 1990-11-29 ·cited 15×
  The court held that the district court erred in denying a preliminary injunction because the trademark registrations were incontestable and the defendant failed to present a valid defense, thus the plaintiff was likely to succeed on the merits and suffer irreparable harm.
• Snook v. Tr. Co. OF Ga. Bank OF Savannah, N.A.
  909 F.2d 480· 11th Cir.· 1990-08-21 ·cited 15×
  The court held that the district court did not abuse its discretion in denying the plaintiffs' motion for a preliminary injunction because the plaintiffs failed to demonstrate irreparable harm, despite a likelihood of success on the merits.
• 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.
• Friends OF THE Earth v. United States Navy
  841 F.2d 927· 9th Cir.· 1988-03-07 ·cited 15×
  The court held that the National Defense Authorization Act prohibits construction until all required permits, including the Washington Shoreline Management Act permit, are issued, and that the environmental groups have standing to seek an injunction.
• Hypertherm, Inc. v. Precision Prods., Inc.
  832 F.2d 697· 1st Cir.· 1987-11-06 ·cited 15×
  The court held that while a preliminary injunction was warranted, its scope was overly broad by prohibiting any descriptive use of the plaintiff's name and product numbers.
• Premier Dental Prods. Co. v. Darby Dental Supply Co., Inc.
  794 F.2d 850· 3d Cir.· 1986-06-24 ·cited 15×
  The court held that an exclusive distributor who has developed separate goodwill in the United States for a foreign-manufactured product can own the U.S. trademark and is entitled to protection under Section 526 of the Tariff Act of 1930 against the importation of genuine goods b
• NEW York Pathological & X-Ray Labs., Inc. v. Immigr. & Naturalization Serv.
  523 F.2d 79· 2d Cir.· 1975-08-18 ·cited 15×
  The dissent argues that the INS's designation of approved facilities for alien medical examinations did not require notice and a hearing under the APA or the Fifth Amendment. The appellant had no protected property interest in continued referrals.
• The Robert Stigwood Grp. Ltd. v. Sperber
  457 F.2d 50· 2d Cir.· 1972-03-17 ·cited 15×
  The court held that performing songs from a copyrighted opera in sequence, without costumes or scenery but with gestures and role-playing, constitutes a dramatic performance infringing the copyright, and that advertising such performances as being from the opera constitutes unfai
• Packard Instrument Co., Inc. v. ANS, Inc.
  416 F.2d 943· 2d Cir.· 1969-06-18 ·cited 15×
  The court held that the licensing agreement was ambiguous regarding the transferability of the patent license and that the trial court erred in refusing to consider parol evidence.
• Licavoli v. Nixon
  312 F.2d 200· 6th Cir.· 1963-01-18 ·cited 15×
  The court held that the taxpayers' suit to enjoin the collection of taxes was barred by the Anti-Injunction Act, as the Government's claim was not so clearly without merit as to fall within the narrow exception for equitable jurisdiction.
• 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
• Moishe Mana v. CHO
  147 So. 3d 1098· Fla. 3d DCA· 2014-10-01 ·cited 14×
  Mana petitioned for certiorari to quash a discovery order requiring production of his personal financial information, tax returns, and documents with certain individuals and Metro's agents. The Third District Court of Appeal granted the petition in part, quashing the financial in
• Ryan v. Landsource Holding Co., LLC
  127 So. 3d 764· Fla. 2d DCA· 2013-11-27 ·cited 14×
  Ryan sought certiorari review of a circuit court order compelling him to produce personal financial records in discovery. The Florida Court of Appeal held that Ryan's financial information was not relevant to his affirmative defense of anticipatory breach, as he need not prove hi
• Odebrecht Constr., Inc. v. Sec'y, Fla. Dep't OF Transp.
  715 F.3d 1268· 11th Cir.· 2013-05-06 ·cited 14×
  Odebrecht Construction, a Florida corporation with no direct business operations in Cuba, challenged Florida's Cuba Amendment, which prohibits companies doing business in Cuba—or affiliated with companies doing business in Cuba—from bidding on state and local public contracts wor
• James v. Cassondra Veneziano
  98 So. 3d 697· Fla. 4th DCA· 2012-10-03 ·cited 14×
  In a personal injury automobile negligence case, the defendant sought to quash a discovery order requiring him to respond to interrogatories and produce ten years of medical records. The Fourth District Court of Appeal granted the writ of certiorari, finding that the trial court
• Citizens Prop. Ins. Corp. v. SAN Perdido Ass'n, Inc.
  46 So. 3d 1051· Fla. 1st DCA· 2010-10-06 ·cited 14×
  Citizens Property Insurance, a statutory government entity, sought immediate appellate review of a trial court's denial of its motion to dismiss a bad faith insurance lawsuit based on sovereign immunity. The First District Court of Appeal declined interlocutory review, holding th
• Lorell Holland v. Kimberly Barfield for the Estate of Brandon Scott Ledford
  35 So. 3d 953· Fla. 5th DCA· 2010-05-07 ·cited 14×
  The trial court's order compelling production of all computer hard drives and SIM cards departed from the essential requirements of law and caused irreparable harm.
• 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.
• Loewenstein, Inc. v. Draheim
  898 So. 2d 1129· Fla. 4th DCA· 2005-03-30 ·cited 14×
  Loewenstein, Inc. appealed an order vacating an arbitration award in a dispute with sales representative John Draheim over commission rights. The Fourth District Court of Appeal dismissed the appeal, holding that an order vacating an arbitration award is not a final, appealable o
• Shafer v. Shafer
  898 So. 2d 1053· Fla. 4th DCA· 2005-03-16 ·cited 14×
  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
• Dragomirecky v. Town OF Ponce Inlet
  882 So. 2d 495· Fla. 5th DCA· 2004-09-17 ·cited 14×
  The court held that the trial court did not abuse its discretion in denying the motion for an injunction and stay to prevent the demolition of a house constructed in violation of building codes.
• In re Est. OF Norman O. Sauey, Sr. v. Sauey
  869 So. 2d 664· Fla. 4th DCA· 2004-03-31 ·cited 14×
  In this probate dispute, Beverly Sauey, the surviving spouse, sought discovery of financial information from the personal representatives of her deceased husband's estate to inform her decision on whether to exercise her statutory elective share right, which she had waived via an
• City OF Jacksonville v. Rodriguez
  851 So. 2d 280· Fla. 1st DCA· 2003-08-06 ·cited 14×
  The City of Jacksonville sought a protective order to prevent discovery of expert opinions from Captain Kramer regarding paramedics' standard of care in a medical negligence case arising from an EMS response. The court granted the petition in part, holding that opinions regarding
• Fla. High Sch. Activities Ass'n, Inc. v. Marsonek
  805 So. 2d 868· Fla. 2d DCA· 2001-09-14 ·cited 14×
  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.
• Brown & Williamson Tobacco Corp. (as successor by merger to The Am. Tobacco Company) v. Grady Carter and Mildred Carter
  680 So. 2d 546· Fla. 1st DCA· 1996-07-16 ·cited 14×
  Brown & Williamson sought certiorari review of a trial court's denial of its summary judgment motion on post-1969 failure to warn claims in a cigarette injury case. The appellate court denied the petition, finding that denial of summary judgment is not reviewable via certiorari a
• Bartlett v. Hamwi
  626 So. 2d 1040· Fla. 4th DCA· 1993-11-10 ·cited 14×
  A 76-year-old prosecution witness petitioned for a writ of certiorari to quash a trial court order compelling her to submit hair samples for testing in a murder case. The Fourth District Court of Appeal held that absent rare and compelling circumstances, courts lack authority to
• Allstate Ins. Co. v. Langston
  627 So. 2d 1178· Fla. 4th DCA· 1993-10-27 ·cited 14×
  The court held that while some discovery requests may appear irrelevant, certiorari is only appropriate if disclosure causes irreparable harm, and that the trial court must conduct an in camera inspection for work product and attorney-client privilege claims.
• Eberhardt v. Eberhardt
  590 So. 2d 1134· Fla. 4th DCA· 1992-01-03 ·cited 14×
  The court held that an improperly filed appeal from an order denying a request to proceed as an indigent can be treated as a petition for writ of certiorari if the order departs from essential requirements of law and causes irreparable harm.
• Associated Builders & Contractors OF Massachusetts/R.I., Inc. v. The Mass. Water Res. Auth.
  935 F.2d 345· 1st Cir.· 1991-05-15 ·cited 14×
  The court held that the National Labor Relations Act preempts a state-mandated labor agreement requirement for public construction projects, as it interferes with the collective bargaining process and the free play of economic forces intended by the Act.
• Equifax Servs., Inc. v. Hitz
  905 F.2d 1355· 10th Cir.· 1990-06-04 ·cited 14×
  The court held that the district court properly exercised personal jurisdiction over the defendant and did not abuse its discretion in granting a preliminary injunction, setting the bond amount, or denying a motion to transfer venue.
• Somerset House, Inc. v. Turnock
  900 F.2d 1012· 7th Cir.· 1990-04-16 ·cited 14×
  The court held that the pre-deprivation procedures provided by the Nursing Home Care Reform Act, including notice and an opportunity to respond, were sufficient to satisfy due process requirements for issuing a conditional license and placing a facility on a list of violators. Te
• 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
• The State OF Alaska v. Native Vill. OF Venetie
  856 F.2d 1384· 9th Cir.· 1988-09-09 ·cited 14×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction, as the balance of hardships and public interest favored the appellees, and serious questions were raised regarding the appellants' tribal status and jurisdiction to tax.
• Dino Loretangeli v. Critelli
  853 F.2d 186· 3d Cir.· 1988-08-01 ·cited 14×
  The court held that the district court erred in applying the 'reasonable likelihood of success' standard for 'good cause' under LMRDA § 501(b) and in resolving complex interpretive disputes at that preliminary stage.
• Deeper Life Christian Fellowship, Inc. v. Bd. OF Educ. OF the City OF NEW York
  852 F.2d 676· 2d Cir.· 1988-07-21 ·cited 14×
  The court affirmed the grant of a preliminary injunction, finding sufficient grounds for litigation regarding the church's use of a public school building, balancing the hardships in favor of the church.
• Savage v. Gorski
  850 F.2d 64· 2d Cir.· 1988-06-20 ·cited 14×
  The court held that the district court abused its discretion in granting a preliminary injunction because the appellees failed to demonstrate irreparable harm and a likelihood of success on the merits.
• Sullivan v. The City OF Pittsburgh
  811 F.2d 171· 3d Cir.· 1987-01-23 ·cited 14×
  The court held that the federal plaintiffs had standing, the district court did not err in refusing to abstain, the statute of limitations did not bar the claims, and the district court did not violate the Full Faith and Credit Act.
• Ill. Corporate Travel, Inc. v. Am. Airlines, Inc.
  806 F.2d 722· 7th Cir.· 1986-11-19 ·cited 14×
  The court concurred in the judgment, finding that the district court did not abuse its discretion in denying the preliminary injunction, despite potential issues with the preliminary injunction standard applied.
• G.A. Imports, Inc. v. Subaru Mid-America, Inc.
  799 F.2d 1200· 8th Cir.· 1986-08-27 ·cited 14×
  The court held that a franchisor cannot non-renew a franchise for a franchisee's sale of a non-competing line of vehicles if the franchisor failed to supply sufficient inventory and the exclusivity requirement was unreasonable under the circumstances.
• Cal. Energy Comm'n v. Johnson
  767 F.2d 631· 9th Cir.· 1985-08-01 ·cited 14×
  The court held that it lacked jurisdiction to review the Bonneville Power Administration's 1983 wholesale power rates because they had not yet received final confirmation and approval from the Federal Energy Regulatory Commission. The court also held that extraordinary circumstan
• Power Test Petroleum Distribs., Inc. v. Calcu GAS, Inc.
  754 F.2d 91· 2d Cir.· 1985-01-29 ·cited 14×
  A gasoline franchisor's requirement that franchisees sell only the franchisor's branded gasoline does not constitute an antitrust violation because the trademark and the gasoline are inseparable in the consumer's mind, and thus cannot form an illegal tie-in arrangement.