Irreparable Harm

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

• Fla. Keys Citizens Coal., Inc. v. United States Army Corps of Eng'rs
  374 F. Supp. 2d 1116· S.D. Fla.· 2005-04-11 ·cited 9×
  The court found that the plaintiffs were not entitled to the requested declaratory and injunctive relief against the federal agencies regarding the highway improvement project.
• Foreman v. Behr
  866 So. 2d 705· Fla. 2d DCA· 2003-12-03 ·cited 9×
  An attorney's valid retaining lien on a client's file should not be disregarded for discovery purposes in a malpractice action without provision for payment of fees or adequate security.
• Residence INN BY Marriott v. Cecile Resort Ltd.
  822 So. 2d 548· Fla. 5th DCA· 2002-07-26 ·cited 9×
  A confidentiality order does not prevent discovery if a court orders the documents unsealed, and the relevancy of documents must be determined by the trial court.
• Beekie v. Montgomery Scott Morgan
  751 So. 2d 694· Fla. 5th DCA· 2000-02-04 ·cited 9×
  The Florida Fifth District Court of Appeal granted a petition for writ of certiorari allowing a plaintiff in a personal injury case to re-notice and conduct the oral deposition of the defendant after the trial court erroneously denied his motion to compel. The court held that den
• LEA v. Wigton
  705 So. 2d 723· Fla. 5th DCA· 1998-02-20 ·cited 9×
  Dean Lea petitioned for a writ of certiorari to quash a trial court order denying his motion to strike affirmative defenses. The court denied the petition because, although the trial judge departed from essential requirements of law by entering the order after being disqualified,
• Jeffrey Cohen, M.D. v. DeYOUNG
  655 So. 2d 1265· Fla. 5th DCA· 1995-06-02 ·cited 9×
  Defendants Cohen and Internal Medicine Specialist, P.A. sought a writ of certiorari to overturn the trial court's order striking their affirmative defense that they were entitled to a statutory damages cap under Florida's medical malpractice statute. The Fifth District Court of A
• State Farm Gen. Ins. Co. v. Grant
  641 So. 2d 949· Fla. 1st DCA· 1994-09-07 ·cited 9×
  The court held that a party seeking certiorari review of a discovery order must show a departure from essential legal requirements and irreparable harm, and that the trial court erred by compelling document production without notice and an opportunity to be heard on the work prod
• Computer Solutions, Inc. v. Gnaizda
  633 So. 2d 1100· Fla. 3d DCA· 1994-02-15 ·cited 9×
  A shareholder's request for corporate records to value their stock is proper under section 607.1602, Florida Statutes, provided the demand is made in good faith, with particularity, and the records are directly connected to the purpose.
• Cohen v. Brown Univ.
  991 F.2d 888· 1st Cir.· 1993-04-16 ·cited 9×
  The court held that a university must fully and effectively accommodate the interests and abilities of the underrepresented sex in its athletic programs, and cannot simply allocate opportunities based on the ratio of interested athletes if that leaves some interests unmet.
• The Original Great Am. Chocolate Chip Cookie Co. v. River Valley Cookies
  970 F.2d 273· 7th Cir.· 1992-07-20 ·cited 9×
  The dissenting judge would affirm the district court's judgment, disagreeing with the majority's reversal.
• Barclays Am. Mortg. Corp. v. Holmes
  595 So. 2d 104· Fla. 5th DCA· 1992-02-07 ·cited 9×
• Kinney v. Pioneer Press
  881 F.2d 485· 7th Cir.· 1989-08-07 ·cited 9×
  The court held that the district court erred by applying a 'reasonable cause' standard to § 10(j) petitions, which is only applicable to § 10(i) cases, and that the proper standard is whether injunctive relief is 'just and proper' under traditional equitable principles.
• Todd v. Sorrell
  841 F.2d 87· 4th Cir.· 1988-03-04 ·cited 9×
  The court held that a patient who substantially complies with state criteria for a liver transplant is eligible for funding, even if not meeting one specific diagnostic requirement.
• T.J. Smith & Nephew Ltd. v. Consol. Med. Equip., Inc.
  821 F.2d 646· Fed. Cir.· 1987-06-25 ·cited 9×
  The denial of a preliminary injunction is affirmed because the plaintiff failed to establish a reasonable likelihood of success on the merits and irreparable harm, and the appellate court will not re-evaluate evidence or legal conclusions de novo.
• Star Satellite, Inc. v. City OF Biloxi
  779 F.2d 1074· 5th Cir.· 1986-01-03 ·cited 9×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the appellant failed to demonstrate a substantial likelihood of success on the merits of its constitutional or state law claims regarding the zoning ordinance's time re
• In re Dist. NO. 1-Pacific Coast Dist. v. Dist. NO. 1-Pacific Coast Dist.
  723 F.2d 70· D.C. Cir.· 1983-11-08 ·cited 9×
  The Court of Appeals held that the district court's order, though labeled a temporary restraining order, was effectively a preliminary injunction that violated the Norris-LaGuardia Act, and thus the district court lacked jurisdiction.
• Pac. Realty Tr. v. APC Invs., Inc.
  685 F.2d 1083· 9th Cir.· 1982-08-27 ·cited 9×
  The court held that while an injunction against a tender offer may be appropriate, it should not be based on the premise that disclosure cannot cure the violation; rather, the court remanded for a determination of disclosure adequacy.
• Wetzel v. Edwards
  635 F.2d 283· 4th Cir.· 1980-10-27 ·cited 9×
  The court held that the district court abused its discretion by improperly balancing the factors for granting a preliminary injunction, failing to adequately consider the harm to the defendants and the public interest.
• Whelan v. Colgan
  602 F.2d 1060· 2d Cir.· 1979-06-27 ·cited 9×
  The court held that the district court properly exercised jurisdiction under LMRA § 301 and did not err in granting a preliminary injunction to compel payment of welfare benefits.
• Coal. FOR Responsible Reg'l Dev. & Ruth C. Sullivan v. Brinegar
  518 F.2d 522· 4th Cir.· 1975-06-16 ·cited 9×
  The dissenting judge would affirm the district court's judgment denying a preliminary injunction, finding the district court's reasoning largely supported by the record.
• Joseph Spine, P. A. v. Moulton
  326 So. 3d 1186· Fla. 2d DCA· 2022-06-29 ·cited 8×
  The appellate court reversed a trial court's denial of a temporary injunction, finding that the medical practice, Joseph Spine, P.A., was entitled to a presumption of irreparable harm due to a former physician's (Dr. Moulton) violation of restrictive covenants in his employment a
• State v. Milbry
  219 So. 3d 160· Fla. 5th DCA· 2017-05-05 ·cited 8×
  The State of Florida sought certiorari review of a circuit court's denial of its motion to consolidate two charging documents (an indictment for first-degree felony murder and child abuse, and an information for aggravated manslaughter of a child) arising from the same child's de
• Prins v. Farley
  208 So. 3d 1215· Fla. 1st DCA· 2017-01-17 ·cited 8×
  The court held that a city council member acting within the scope of official duties is protected by absolute privilege from a suit alleging tortious interference related to an employee's discharge.
• Bjon LEE v. Condell
  208 So. 3d 253· Fla. 3d DCA· 2016-12-14 ·cited 8×
  Bjon Lee sought a writ of certiorari to prevent disclosure of his handwritten notes during discovery in a criminal case. The court held that Lee's notes were not protected by attorney-client privilege because they were not a communication with his attorney and were created for hi
• Dickerson v. Senior Home Care, Inc.
  181 So. 3d 1228· Fla. 5th DCA· 2015-12-18 ·cited 8×
  Appellants Dickerson and O'Brien challenge a temporary injunction entered against them for allegedly violating non-compete, non-disclosure, and non-solicitation agreements with their former employer, Senior Home Care, Inc. The court reversed because the trial court's injunction o
• S.V. v. Dep't OF Child. & Families
  178 So. 3d 421· Fla. 3d DCA· 2015-07-08 ·cited 8×
  A father sought certiorari review of a trial court's order that set aside a general magistrate's recommendation to grant his motion for reunification with his two children in a dependency case and instead denied reunification. The appellate court denied the petition, finding that
• Heart Surgery Ctr. v. Thomas J. Bixler, II, M.D., P.A.
  128 So. 3d 169· Fla. 1st DCA· 2013-11-20 ·cited 8×
  The First District Court of Appeal granted a petition for certiorari and quashed a trial court's order vacating an arbitration award that upheld the expulsion of a partner from a medical partnership. The court held that the trial court improperly vacated the award based solely on
• Andreas Keck v. Ashleigh K. Eminisor
  46 So. 3d 1065· Fla. 1st DCA· 2010-10-25 ·cited 8×
  A bus driver claimed immunity from personal liability under Florida's sovereign immunity statute (section 768.28(9)(a)) after allegedly negligently striking a pedestrian while driving a public transit bus. The trial court denied his summary judgment motion, finding his employer w
• City OF Sunny Isles Beach v. Temple B'Nai Zion, Inc.
  43 So. 3d 904· Fla. 3d DCA· 2010-09-08 ·cited 8×
  The trial court abused its discretion by issuing a de facto injunctive order that failed to comply with the legal requirements of Rule 1.610 of the Florida Rules of Civil Procedure.
• Taylor v. TGI Friday's
  16 So. 3d 312· Fla. 1st DCA· 2009-08-28 ·cited 8×
  In a workers' compensation case, Taylor petitioned for certiorari to challenge a judge of compensation claims' order appointing an expert medical advisor (EMA). The court denied the petition, holding that Taylor failed to demonstrate irreparable harm, which is a prerequisite to c
• Walker v. River City Logistics Inc.
  14 So. 3d 1122· Fla. 1st DCA· 2009-06-12 ·cited 8×
  A Florida appellate court granted a petition for writ of certiorari challenging a workers' compensation judge's order disqualifying the claimant's counsel based on the counsel's possession of documents the employer claimed were privileged. The court held that the employer's volun
• State v. Standifer
  990 So. 2d 659· Fla. 1st DCA· 2008-09-11 ·cited 8×
  The Florida Department of Revenue sought a writ of certiorari to vacate a trial court order granting a respondent's motion for scientific paternity testing. The court held that a hearing officer lacked jurisdiction to consider the paternity testing motion because paternity was in
• Suarez v. KMD Constr., Inc.
  965 So. 2d 184· Fla. 5th DCA· 2007-08-24 ·cited 8×
  The Florida Fifth District Court of Appeal granted a petition for writ of certiorari challenging a trial court's denial of a motion to dissolve a notice of lis pendens filed by KMD Construction. The court held that KMD's claims were not founded on a duly recorded instrument as re
• CB Fleet Co., Inc. v. Unico Holdings, Inc.
  510 F. Supp. 2d 1078· S.D. Fla.· 2007-04-25 ·cited 8×
  C.B. Fleet Company obtained a preliminary injunction against Unico Holdings for copyright infringement of its Phospho-soda bowel cleansing kit's patient instruction sheet and package design. The court found C.B. Fleet established a substantial likelihood of success on the merits,
• Garrick Hatfield v. Autonation, Inc.
  939 So. 2d 155· Fla. 4th DCA· 2006-09-27 ·cited 8×
  Hatfield, a former general manager at an AutoNation dealership, appeals a temporary injunction prohibiting him from disclosing misappropriated trade secrets and restricting his employment in the automotive industry. The appellate court affirms, holding that AutoNation demonstrate
• Broward Cnty. v. Meiklejohn
  936 So. 2d 742· Fla. 4th DCA· 2006-08-23 ·cited 8×
  Broward County appealed a trial court's grant of a preliminary injunction reinstating a terminated employee who alleged discrimination and retaliation. The appellate court reversed, holding that the trial court erred in presuming irreparable harm in employment discrimination case
• Schiavo Ex Rel. Schindler v. Schiavo
  358 F. Supp. 2d 1161· M.D. Fla.· 2005-03-25 ·cited 8×
  The court denied the motion for a temporary restraining order because the plaintiffs failed to establish a substantial likelihood of success on the merits of any of their claims.
• Zabawa v. Gaeton "Guy" Della Penna
  868 So. 2d 1292· Fla. 5th DCA· 2004-04-08 ·cited 8×
  The court held that an order vacating an arbitration award and remanding for a new hearing is a non-final order and thus not immediately appealable.
• Magdalena Santos v. Tampa Med. Supply
  857 So. 2d 315· Fla. 2d DCA· 2003-10-10 ·cited 8×
  Former employee Santos appealed a temporary injunction restraining her from competing against her former employer Tampa Medical Supply in violation of a noncompete agreement. The court affirmed the injunction's entry but remanded for proper findings of fact and bond setting, find
• Caruso v. Super Vision Int'l, Inc.
  845 So. 2d 947· Fla. 5th DCA· 2003-04-25 ·cited 8×
  Appellants who were defendants in a breach of contract action appealed non-final orders finding them in civil contempt and striking their pleadings as sanctions. The appellate court converted the notice of appeal to a petition for writ of certiorari and denied relief, holding tha
• Fla. Power Corp. v. Town OF Belleair
  830 So. 2d 852· Fla. 2d DCA· 2002-08-30 ·cited 8×
  The court held that the trial court erred in issuing a temporary injunction to compel continued payment of a franchise fee after the agreement expired, as it constituted an illegal tax and could not extend the contract terms.
• Fla. Water Servs. Corp. v. Blue Stone Real Est. Constr.
  747 So. 2d 406· Fla. 5th DCA· 1999-11-05 ·cited 8×
  Florida Water Services Corporation appealed a temporary injunction prohibiting it from terminating water service to properties owned by Blue Stone Real Estate Construction and Avalon, Inc. The appellate court reversed the injunction because the trial court failed to include requi
• Duke H. Scott, M.D. v. Nelson
  697 So. 2d 207· Fla. 1st DCA· 1997-07-22 ·cited 8×
  The court held that a party seeking to reopen properly sealed court records must demonstrate 'good cause,' and the mere filing of a new lawsuit arising from the same events does not constitute good cause.
• In re Est. OF Richard Roy Yerex v. Durzo
  651 So. 2d 220· Fla. 4th DCA· 1995-03-01 ·cited 8×
  In three consolidated appeals from probate proceedings, the Fourth District Court of Appeal reversed a trial court's award of attorney's fees as excessive, affirmed an order extending time for filing an independent action but reversed a confidentiality order limiting the personal
• Castrol, Inc. v. Quaker State Corp.
  977 F.2d 57· 2d Cir.· 1992-10-07 ·cited 8×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction against Quaker State's commercial, finding a likelihood that the claim of test-proven superiority was literally false.
• Marco v. Accent Publ'g Co., Inc.
  969 F.2d 1547· 3d Cir.· 1992-07-23 ·cited 8×
  The court held that a freelance photographer, paid by the job, using his own equipment and studio, and lacking employee benefits, was an independent contractor, not an employee, for "work for hire" purposes under the Copyright Act.
• Abbott Labs. v. Mead Johnson & Co.
  971 F.2d 6· 7th Cir.· 1992-07-23 ·cited 8×
  The court held that the district court abused its discretion in denying a preliminary injunction, finding that Abbott had established a likelihood of success on its false advertising claim and that irreparable harm was not adequately rebutted.
• Abbs v. Sullivan
  963 F.2d 918· 7th Cir.· 1992-05-01 ·cited 8×
  The court held that a procedural rule is not judicially reviewable unless sanctions have been imposed under it.
• Burger King Corp. v. Lee
  766 F. Supp. 1149· S.D. Fla.· 1991-06-12 ·cited 8×
  The court granted Burger King Corporation's motion for a preliminary injunction, finding a substantial likelihood of success on the merits regarding franchise termination and trademark infringement.
• RUM Creek Coal Sales v. Honorable W. Gaston Caperton
  926 F.2d 353· 4th Cir.· 1991-02-25 ·cited 8×
  The court held that the district court erred in denying a preliminary injunction based on its misapprehension of the law regarding the Trespass Statute's proviso, and reversed the denial.