Irreparable Harm

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

• Ksaibati v. Ahmad Ghassan Ksaibati
  824 So. 2d 219· Fla. 2d DCA· 2002-07-19 ·cited 11×
  In a post-divorce dispute, the trial court ordered the former wife's share of marital home sale proceeds escrowed and imposed additional visitation requirements without proper modification pleadings. The appellate court affirmed the denial of the former wife's entry/inspection mo
• Novartis Pharms. Corp. v. Carnoto
  798 So. 2d 22· Fla. 4th DCA· 2001-10-10 ·cited 11×
  Novartis Pharmaceuticals sought mandamus and certiorari relief to challenge a trial court order referring Sunshine in Litigation Act issues to a special master without obtaining consent from all parties. The Fourth District Court of Appeal granted the mandamus petition, holding t
• State v. Myers
  696 So. 2d 863· Fla. 4th DCA· 1997-05-14 ·cited 11×
  Three government entities petitioned for writs of certiorari challenging a trial court order requiring them to share costs of mental health treatment and transportation for a detained individual. The appellate court granted certiorari as to the Department of Health and Rehabilita
• Duryea v. Slater
  677 So. 2d 79· Fla. 2d DCA· 1996-07-19 ·cited 11×
  Dan Duryea appeals a temporary injunction that removed a hold he placed on a law firm's checking account and prevented his access to the account. The court reverses, finding the trial court failed to adequately prove the four required criteria for granting an extraordinary tempor
• 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.
• Rosasco v. Rosasco
  641 So. 2d 493· Fla. 1st DCA· 1994-08-22 ·cited 11×
  In a dissolution of marriage case, the trial court ordered the husband to escrow $51,000 in proceeds from a land sale to secure payment of the wife's attorney's fees pending resolution of the fee dispute. The appellate court reversed, holding that the escrow order constituted an
• Hughes v. United States
  953 F.2d 531· 9th Cir.· 1992-01-09 ·cited 11×
  The court held that the district court properly dismissed claims for injunctive and declaratory relief due to lack of subject matter jurisdiction under the Anti-Injunction Act and Declaratory Judgment Act, and properly granted summary judgment on damages claims.
• Sandoz Pharms. Corp. v. Richardson-Vicks, Inc.
  902 F.2d 222· 3d Cir.· 1990-04-24 ·cited 11×
  A Lanham Act plaintiff must prove that advertising claims are literally false or misleading to the public, not merely that they are inadequately substantiated under FDA guidelines.
• SEA Containers Ltd. v. Stena AB
  890 F.2d 1205· D.C. Cir.· 1989-12-01 ·cited 11×
  The court held that the district court erred in granting a preliminary injunction against Stena's tender offer, as it lacked a legal basis, and that Stena failed to demonstrate sufficient irreparable harm to warrant a preliminary injunction requiring further disclosures under the
• City OF Miami v. Coll
  546 So. 2d 775· Fla. 3d DCA· 1989-07-18 ·cited 11×
  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
• Gen. Motors Corp. v. Gibson Chem. & OIL Corp.
  786 F.2d 105· 2d Cir.· 1986-03-21 ·cited 11×
  The court affirmed the preliminary injunction but dismissed the appeal of the seizure order for lack of jurisdiction, finding the latter not appealable as an interlocutory or collateral order.
• Sidney v. ZAH
  718 F.2d 1453· 9th Cir.· 1983-10-25 ·cited 11×
  The court affirmed the district court's contempt order and declaratory judgment, holding that the Navajo Tribe has a responsibility to comply with judicial orders effectuating the land partition, irrespective of territorial jurisdiction over individual members. The court also aff
• 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
• Paco Rabanne Parfums, S.A. v. Norco Enters., Inc.
  680 F.2d 891· 2d Cir.· 1982-06-01 ·cited 11×
  The court held that a plaintiff seeking a preliminary injunction for trade dress imitation does not need to prove side-by-side sales if there is evidence of deliberate copying and market overlap.
• Arrow United Indus., Inc. v. Hugh Richards, Inc.
  678 F.2d 410· 2d Cir.· 1982-05-06 ·cited 11×
  A preliminary injunction against misbranding products as one's own is affirmed due to likely irreparable harm from unfair market entry, but an injunction against fulfilling contracts is vacated as potential lost sales are compensable by damages.
• Collum v. Edwards
  578 F.2d 110· 5th Cir.· 1978-08-10 ·cited 11×
  The court held that a district court did not abuse its discretion in dissolving a preliminary injunction when the party seeking it failed to comply with the terms of a consent order, but the dismissal of the complaint with prejudice was improper as no trial on the merits had occu
• Leader Ent. S.A. v. Crom Prods., LLC
  S.D. Fla.· 2025-09-08 ·cited 10×
  Leader Entertainment S.A., an Argentinian children's entertainment company, sued Florida-based producers Crom Productions, LLC and Ancla Productions, Inc. for trademark infringement and unfair competition after they created and promoted a live children's show called "La Granja En
• Cppb, LLC v. Taurus Apopka City Ctr. LLC
  346 So. 3d 577· Fla. 6th DCA· 2023-09-15 ·cited 10×
  The appellate court dismissed a petition for a writ of certiorari seeking to quash an order denying a motion to dissolve a lis pendens. The court held that the petitioner failed to demonstrate irreparable harm, which is a prerequisite for such extraordinary review.
• Tanner v. Hart
  313 So. 3d 805· Fla. 2d DCA· 2021-01-08 ·cited 10×
  The appellate court granted a petition for certiorari to quash an order compelling the production of nearly ten years of a party's medical records. The court found that the order departed from the essential requirements of law by compelling disclosure of confidential medical info
• Fla. GAS Transmission Co., LLC. v. City OF Tallahassee
  230 So. 3d 912· Fla. 1st DCA· 2017-10-20 ·cited 10×
  In this eminent domain case, the appellate court granted a writ of certiorari to quash the trial court's denial of a joint motion to continue trial. The court found that both the defendant (who suffered a heart attack) and plaintiff (who had not deposed the defendant) demonstrate
• Laycock v. TMS Logistics, Inc.
  209 So. 3d 627· Fla. 1st DCA· 2017-01-19 ·cited 10×
  A plaintiff who won a $3.5 million jury verdict sought a writ of certiorari to prevent post-verdict juror interviews ordered by the trial court after allegations of juror misconduct. The First District Court of Appeal dismissed the petition, holding that the plaintiff failed to d
• Inphynet Contracting Servs., Inc. v. R.V. Matthews III
  196 So. 3d 449· Fla. 4th DCA· 2016-06-22 ·cited 10×
  This case addresses the propriety of bilateral class certification in a lawsuit challenging excessive medical records copying fees. The Fourth District reversed the trial court's certification of a defendant class, finding standing defects, but affirmed plaintiff class certificat
• 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
• State v. Welch
  94 So. 3d 631· Fla. 2d DCA· 2012-07-06 ·cited 10×
  The State sought certiorari review of a circuit court order that removed a defendant's requirement to register as a sexual offender. The appellate court granted the State's petition, finding the circuit court departed from the law by misinterpreting a statute that requires the of
• S. Owners Ins. Co. v. Mathieu
  67 So. 3d 1156· Fla. 2d DCA· 2011-08-05 ·cited 10×
  Southern Owners Insurance Company sought certiorari to quash an order denying its motion to dismiss a declaratory judgment action brought by third-party homeowners seeking coverage determination for their negligence claim against the insured. The court held that the homeowners fa
• Heekin v. DEL COL
  60 So. 3d 437· Fla. 1st DCA· 2011-03-16 ·cited 10×
  Robert Heekin sought certiorari review of a discovery order requiring disclosure of his personal financial information. The court denied the petition, holding that financial information is relevant and discoverable when a party is under a court order to pay money, claims inabilit
• Gen. Star Indem. Co. v. Atl. Hospitality OF Fla., LLC.
  57 So. 3d 238· Fla. 3d DCA· 2011-03-09 ·cited 10×
  The court held that a writ of certiorari should be granted to quash discovery orders compelling the deposition of senior officers who lack personal knowledge of the claim and whose deposition would cause irreparable harm.
• Univ. of Cent. Fla. Bd. of Trs. v. Turkiewicz
  21 So. 3d 141· Fla. 5th DCA· 2009-11-06 ·cited 10×
  The Florida District Court of Appeal reversed a trial court's denial of the University of Central Florida's motion to dismiss a whistleblower retaliation claim, holding that Florida's Whistleblower's Act requires employees to file complaints with the Florida Commission on Human R
• Complete Angler, LLC v. City of Clearwater
  607 F. Supp. 2d 1326· M.D. Fla.· 2009-04-09 ·cited 10×
  The court held that the city's application of its sign code to a mural and a First Amendment banner was content-based and failed strict scrutiny, warranting a preliminary injunction.
• State v. Young
  995 So. 2d 1080· Fla. 1st DCA· 2008-11-21 ·cited 10×
  The Florida Department of Revenue appealed the trial court's post-judgment orders granting DNA testing after a default paternity judgment. The appellate court held that the trial court violated due process by issuing the orders without notice to the Department and departed from s
• Royal Caribbean Cruises, Ltd. v. COX
  974 So. 2d 462· Fla. 3d DCA· 2008-01-23 ·cited 10×
  Royal Caribbean Cruises sought a writ of certiorari to review the trial court's denial of its motion to compel a supplemental independent medical examination (IME) of seaman Byron Cox after his second shoulder surgery. The Florida District Court of Appeal granted the petition, ho
• Yodelmis Vazquez v. Wendy's and Ace-Usa
  931 So. 2d 152· Fla. 1st DCA· 2006-05-11 ·cited 10×
• Ga. Banking Co. v. GMC Lending & Mortg. Servs. Corp
  923 So. 2d 1224· Fla. 3d DCA· 2006-03-22 ·cited 10×
  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
• Keystone Creations, Inc. v. City OF Delray Beach
  890 So. 2d 1119· Fla. 4th DCA· 2004-11-24 ·cited 10×
  Keystone Creations appealed the trial court's enforcement of a settlement agreement and issuance of an injunction prohibiting further operation of its stone-cutting business in Delray Beach. After fifteen years of disputes over zoning compliance and site plan modifications, the c
• Dennis and Mary Hill v. State
  846 So. 2d 1208· Fla. 5th DCA· 2003-06-06 ·cited 10×
  Mary Hill was charged with vehicular homicide and child neglect after a car accident killed her daughter and a neighborhood child. The trial court compelled her husband Dennis and her psychotherapist Dr. Gfeller to answer discovery questions, invoking a child neglect statute that
• 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.
• Dannebrog Rederi AS v. M/Y True Dream
  146 F. Supp. 2d 1307· S.D. Fla.· 2001-02-28 ·cited 10×
  The court denied Underwriters' motion for leave to amend their complaint to add Rule B allegations, finding that granting the amendment would unduly prejudice Ashlar and potential buyers.
• S.H. v. Dep't OF Child. & Families
  769 So. 2d 452· Fla. 5th DCA· 2000-10-06 ·cited 10×
• 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
• Bd. OF Regents OF the State OF Fla. v. Petr Taborsky
  648 So. 2d 748· Fla. 2d DCA· 1994-09-14 ·cited 10×
  The Board of Regents of the University of South Florida appealed a trial court's denial of injunctive relief and summary judgment in a civil action against Petr Taborsky, who had been criminally convicted of stealing proprietary research notebooks containing trade secrets. The co
• Emp. Benefit Plans, Inc. v. Radice Corporate Ctr. I, Inc.
  593 So. 2d 1125· Fla. 4th DCA· 1992-02-05 ·cited 10×
  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
• Trustees OF THE Chicago Truck Drivers v. Cent. Transp., Inc.
  935 F.2d 114· 7th Cir.· 1991-06-11 ·cited 10×
  Orders to make interim withdrawal liability payments under MPPAA are final decisions appealable under 28 U.S.C. § 1291, and district courts retain jurisdiction to register judgments during an appeal.
• Mitch Paulsen v. Cnty. OF Nassau
  925 F.2d 65· 2d Cir.· 1991-02-04 ·cited 10×
  The court held that the Nassau County Veterans Memorial Coliseum's sidewalk and mall areas constitute a public forum by government designation, and a complete ban on noncommercial leafletting is an impermissible abridgement of expression.
• State v. Weir
  569 So. 2d 897· Fla. 4th DCA· 1990-11-14 ·cited 10×
  The Florida District Court of Appeal granted certiorari to review a trial court order barring a dying declaration in a second-degree murder prosecution on constitutional grounds. The court quashed the trial judge's determination that Florida's dying declaration exception violates
• C.W. Bailey & Bailey Cattle Co., Inc. v. Rolling Meadow Ranch, Inc.
  566 So. 2d 63· Fla. 5th DCA· 1990-08-30 ·cited 10×
  The court held that the trial court erred in denying the motion to dissolve the lis pendens or require a bond, as the underlying action did not establish a basis for the lis pendens and the property was subject to irreparable harm.
• W. Publ'g Co., Inc. v. Rose ART Indus., Inc.
  910 F.2d 57· 2d Cir.· 1990-07-31 ·cited 10×
  The court held that the plaintiff failed to demonstrate a likelihood of consumer confusion regarding the source of the defendant's product, thus affirming the denial of a preliminary injunction.
• Reuters Ltd. v. United Press Int'l, Inc.
  903 F.2d 904· 2d Cir.· 1990-05-17 ·cited 10×
  The court held that the district court abused its discretion by denying a preliminary injunction, as UPI demonstrated a likelihood of irreparable harm and sufficiently serious questions going to the merits with a favorable balance of hardships.
• Kahn v. Gen. Motors Corp.
  889 F.2d 1078· Fed. Cir.· 1989-11-17 ·cited 10×
  The court held that the district court abused its discretion by granting a stay of the patentee's infringement action against a customer in favor of a declaratory judgment action filed by the manufacturer in another district, as the Illinois action could not fully resolve the dis
• Pelfresne v. Vill. OF Williams BAY
  865 F.2d 877· 7th Cir.· 1989-01-13 ·cited 10×
  The court affirmed the denial of a preliminary injunction, finding that the plaintiff was unlikely to succeed on the merits and would not suffer irreparable harm, while deferring the Anti-Injunction Act issue for further factfinding.