Irreparable Harm

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

• State v. Planned Parenthood of Southwest and Central Florida
  312 So. 3d 1054· Fla. 1st DCA· 2022-08-24 ·cited 7×
  The appellate court reversed a lower court's temporary injunction, finding that the appellees failed to demonstrate irreparable harm on behalf of individuals not present in the lower proceedings. The court's decision was based on the parties' failure to provide further briefing a
• Vericker v. Powell
  343 So. 3d 1278· Fla. 3d DCA· 2022-08-10 ·cited 7×
  The appellate court declined to expand its certiorari jurisdiction to review a trial court's denial of a summary judgment motion based on Florida's Anti-SLAPP statute. The court certified conflict with other districts and referred the issue to the Florida Bar's appellate rules co
• Dengrong Zhou v. Long Deng and Mark Fang
  2022 WL 1024809· Del. Ch.· 2022-05-16 ·cited 7×
  The Court of Chancery denied Defendants' motion for a stay pending appeal and motion to extend the status quo order. The court found that the Defendants failed to demonstrate irreparable harm, that granting the stay would cause substantial harm to the Plaintiff and the company, a
• Davis v. Mishiyev
  339 So. 3d 449· Fla. 2d DCA· 2022-05-11 ·cited 7×
  The appellate court granted a writ of certiorari to quash the trial court's order denying a motion to dismiss. The court found that the trial court applied the incorrect legal standard by not considering Florida's Anti-SLAPP statute, which is intended to protect free speech and p
• City of Miami v. City of Miami Firefighters' & Police Officers' Ret. Tr. & Plan
  249 So. 3d 709· Fla. 3d DCA· 2018-06-06 ·cited 7×
  The trial court erred in denying the City's motion for temporary injunctive relief because the 2010 pension ordinance remained valid and enforceable, the Board lacked unilateral authority to restore pre-2010 pension benefits absent a final court order invalidating the ordinance,
• Mayport Hous. P'ship, Ltd. v. Albani
  244 So. 3d 1176· Fla. 1st DCA· 2018-04-20 ·cited 7×
  A trial court order directing parties to submit proposed confidentiality orders before producing financial documents does not constitute irreparable harm sufficient to invoke certiorari jurisdiction when the order expressly prohibits any materials from being produced until the co
• Dubner v. Ferraro
  242 So. 3d 444· Fla. 4th DCA· 2018-04-11 ·cited 7×
  A temporary mandatory injunction must comply with Florida Rule of Civil Procedure 1.610(c) by including specific findings for each element of the injunction standard, must include a bond absent recognized exceptions, and must be supported by evidence of irreparable harm and a sub
• Cristina Tarantola, M.D. v. William B. Henghold, M.D., P.A.
  233 So. 3d 508· Fla. 1st DCA· 2017-12-21 ·cited 7×
  Dr. Tarantola challenges a civil contempt order for allegedly violating a preliminary injunction related to a non-compete agreement. The court granted certiorari and quashed the contempt order, finding that the trial court sanctioned Dr. Tarantola for conduct that did not clearly
• Bautista REO U.S., LLC v. ARR Invs., Inc.
  229 So. 3d 362· Fla. 4th DCA· 2017-07-19 ·cited 7×
  Bautista REO U.S., LLC appeals a trial court's order granting a temporary injunction that required it to release a $250,000 collateral mortgage. The Fourth District Court of Appeal reversed, finding that ARR Investments failed to establish irreparable harm and that an adequate re
• J.G. v. Dep't OF Child. & Families
  220 So. 3d 555· Fla. 3d DCA· 2017-06-14 ·cited 7×
  A mother petitioned for certiorari review of a trial court order terminating the Department of Children and Families' supervision and granting unsupervised visitation without holding a hearing on her motion for reunification. The appellate court granted the petition, finding the
• Agency FOR Health Care Admin. v. S. Broward Hosp. Dist.
  206 So. 3d 826· Fla. 1st DCA· 2016-12-16 ·cited 7×
  The Florida First District Court of Appeal dismissed an agency's petition to review a non-final administrative order. The court found the agency failed to demonstrate that the order caused material injury that could not be remedied on appeal, a prerequisite for reviewing non-fina
• Ric Bradshaw v. Bridgette Bott
  205 So. 3d 815· Fla. 4th DCA· 2016-11-16 ·cited 7×
  Sheriff Bradshaw sought certiorari review to quash a trial court's denial of his summary judgment motion in a Florida Whistleblower's Act case brought by deputy sheriff Bott. The Fourth District Court of Appeal held that the Sheriff, as a local governmental authority under sectio
• State v. Josiah M. Hartsell
  189 So. 3d 363· Fla. 1st DCA· 2016-04-29 ·cited 7×
  The Florida Department of Revenue sought certiorari review of a trial court order directing genetic paternity testing of a minor child. The court granted the petition and quashed the order, finding that while the legal father substantially complied with statutory pleading require
• Goslin v. Preisser
  148 So. 3d 869· Fla. 1st DCA· 2014-10-29 ·cited 7×
  The court dismissed an appeal for lack of jurisdiction because an order denying a motion to compel a psychosexual evaluation was neither a final order determining timesharing rights nor subject to certiorari review as a mere discovery denial.
• Safeco Ins. Co. OF Ill. v. Beare
  152 So. 3d 614· Fla. 4th DCA· 2014-09-17 ·cited 7×
  Safeco Insurance Company sought certiorari relief to challenge a trial court order abating (rather than dismissing) a bad faith claim brought by its insured, Christine Beare. Safeco argued the abatement prevented removal to federal court and violated the ripeness doctrine establi
• F.T.M.I. Operator, LLC v. Anne Marie Limith
  140 So. 3d 1065· Fla. 1st DCA· 2014-06-09 ·cited 7×
  The court held that the employer/carrier failed to demonstrate irreparable harm, thus its petition for writ of certiorari must be dismissed for lack of jurisdiction.
• The League OF Women Voters OF Fla. v. Data Targeting, Inc.
  140 So. 3d 510· Fla.· 2014-05-27 ·cited 7×
  The Florida Supreme Court granted an emergency petition to stay a First District Court of Appeal order that had blocked disclosure of documents allegedly showing partisan involvement in Florida's 2012 congressional redistricting. The Court permitted the documents to be admitted a
• Sovereign Healthcare OF Port ST. Lucie, LLC v. Fernandes
  132 So. 3d 855· Fla. 4th DCA· 2013-12-18 ·cited 7×
  The court held that the petitioner failed to establish grounds for a writ of certiorari to quash a discovery order compelling disclosure of resident identities.
• Bartow HMA, LLC v. Kirkland
  126 So. 3d 1247· Fla. 2d DCA· 2013-11-15 ·cited 7×
  Bartow Regional Medical Center sought certiorari review of a circuit court order compelling production of documents in a medical malpractice action. The appellate court held that the circuit court departed from the essential requirements of law by issuing a blanket order to produ
• Allstate Ins. Co. v. Total Rehab & Med. Ctrs., Inc.
  123 So. 3d 1162· Fla. 4th DCA· 2013-03-13 ·cited 7×
  Allstate Insurance companies sought a writ of certiorari to block depositions of their attorneys who created a trial exhibit summary. The court denied the petition, holding that while attorneys are not per se exempt from deposition under Florida Rule of Civil Procedure 1.810(a),
• In the Interest of D.R.C. v. J.G.
  67 So. 3d 251· Fla. 2d DCA· 2010-11-17 ·cited 7×
  The court held that the Department failed to establish irreparable harm, a prerequisite for certiorari review of a non-final order.
• Fla. Power & Light Co. & FPL Emp. Intervenor v. Fla. Pub. Serv. Comm'n
  31 So. 3d 860· Fla. 1st DCA· 2010-03-03 ·cited 7×
  Florida Power & Light Company and Progress Energy Florida, Inc. sought to keep employee compensation information confidential in ratemaking proceedings before the Florida Public Service Commission. The First District Court of Appeal reversed the Commission's orders denying confid
• Rhea Killinger v. Guardianship OF Hazel Ione Grable
  983 So. 2d 30· Fla. 5th DCA· 2008-04-25 ·cited 7×
  Rhea Killinger sought certiorari review of a discovery order requiring her to produce documents in a guardianship proceeding where her sister challenged her appointment as guardian of their incapacitated mother. The court denied the petition, holding that the financial records, t
• Gray v. Gray
  958 So. 2d 955· Fla. 1st DCA· 2007-04-26 ·cited 7×
  Jimmy and Frances Gray appealed a temporary injunction entered without notice to freeze their assets, alleging procedural defects. The court dismissed the appeal as moot because the Grays filed a motion to dissolve, participated in an evidentiary hearing, and the injunction was m
• H & M Hearing Assocs., LLC v. Nobile
  950 So. 2d 501· Fla. 2d DCA· 2007-03-02 ·cited 7×
  H & M Hearing Associates appeals the trial court's denial of a temporary injunction against former employee Nobile for violating a covenant not to compete. The court reverses and remands because the trial court failed to address whether Nobile's ongoing financial support and guar
• Maya Winddancer v. Stein
  765 So. 2d 747· Fla. 1st DCA· 2000-05-26 ·cited 7×
  A mother sought certiorari review of a trial court order addressing a single visitation dispute that was expanded to require the mother and child to undergo weekly counseling without notice or hearing on those issues. The appellate court granted the petition, finding the counseli
• Bonita Hargrett v. Toyota Motor Sales U.S.A., Inc.
  705 So. 2d 1009· Fla. 4th DCA· 1998-02-04 ·cited 7×
  Petitioner Hargrett sought certiorari review of a non-final circuit court order in a Lemon Law dispute, arguing the order improperly allocated the burden of proof. The Fourth District Court of Appeal dismissed the petition for lack of jurisdiction, holding that certiorari does no
• Tefel v. Reno
  972 F. Supp. 623· S.D. Fla.· 1997-06-24 ·cited 7×
  The court held that it had jurisdiction to consider the class action complaint and granted a temporary restraining order, finding that the plaintiffs had established a substantial likelihood of success on the merits, irreparable harm, and that the injunction would serve the publi
• Sunrise Mills (MLP) Ltd. P'ship v. Adams
  688 So. 2d 464· Fla. 4th DCA· 1997-03-05 ·cited 7×
  In this personal injury case, the court granted certiorari to review a trial court's order sustaining plaintiff's objection to a request for admission regarding the amount of damages sought. The court held that defendant had a statutory right to discovery concerning the amount in
• Tampa Pipeline Corp. v. CF Indus., Inc.
  693 So. 2d 580· Fla. 2d DCA· 1997-02-12 ·cited 7×
  A pretrial discovery order requiring production of documents from independent corporations unrelated to the lease in question is overbroad and departs from the essential requirements of law.
• Carillon Importers Ltd. v. Frank Pesce Grp., Inc.
  913 F. Supp. 1559· S.D. Fla.· 1996-01-23 ·cited 7×
  The court held that the defendant's vodka packaging infringed upon the plaintiff's trade dress, and granted a preliminary injunction.
• Gersten v. Rundle
  833 F. Supp. 906· S.D. Fla.· 1993-09-14 ·cited 7×
  The court held that the plaintiff failed to state a claim for injunctive relief because the alleged bad faith actions did not rise to the level of an imminent prosecution or infringement of constitutional rights, and federal courts should not interfere with state contempt proceed
• Covino v. Patrissi
  967 F.2d 73· 2d Cir.· 1992-06-17 ·cited 7×
  The court held that the random visual body-cavity search policy at NWSCF was reasonably related to legitimate penological interests and thus not an unreasonable regulation under the Fourth Amendment.
• Price v. Int'l Union
  927 F.2d 88· 2d Cir.· 1991-03-04 ·cited 7×
  The court held that appellants' constitutional claims failed due to lack of state action, and the union's post-Beck rebate procedures satisfied its duty of fair representation. The employer was not liable for the union's actions.
• Fouad Yacoub Rafeedie v. Immigr. & Naturalization Serv.
  880 F.2d 506· D.C. Cir.· 1989-07-21 ·cited 7×
  The court held that a statutory exhaustion requirement, unless explicitly declared otherwise by Congress, does not impose an absolute, unwaivable limitation on judicial review but can be excused when insistence on exhaustion would threaten grave harm and not serve congressional p
• W. Allis Mem'l Hosp., Inc. v. Bowen
  852 F.2d 251· 7th Cir.· 1988-07-14 ·cited 7×
  The court held that the plaintiff lacked standing to seek injunctive relief under the Medicare anti-fraud statute and that the district court erred in failing to recognize statutory authority to enjoin antitrust violations. The court affirmed the denial of injunctive relief for t
• Ruben Thorbus, M.D. v. Bowen
  848 F.2d 901· 8th Cir.· 1988-06-07 ·cited 7×
  The court held that the district court did not err in denying injunctive relief because the doctor failed to establish a colorable constitutional claim or irreparable harm, and the administrative procedures were constitutionally sufficient.
• Airlines Reporting Corp. v. Garrett J. Barry
  825 F.2d 1220· 8th Cir.· 1987-07-29 ·cited 7×
  The court affirmed the district court's order granting a preliminary injunction, finding that the injunction was properly issued to protect the plaintiff's remedy and that the district court did not abuse its discretion.
• Lobo Enters., Inc. v. The Tunnel, Inc.
  822 F.2d 331· 2d Cir.· 1987-07-02 ·cited 7×
  The court held that the district court erred in finding a lack of subject matter jurisdiction under the Lanham Act and in denying a preliminary injunction based on an unsupported narrow definition of the plaintiff's market.
• The Foxboro Co. v. Arabian Am. OIL Co.
  805 F.2d 34· 1st Cir.· 1986-11-13 ·cited 7×
  The court held that a plaintiff seeking a preliminary injunction to prevent the honoring of an international letter of credit must demonstrate irreparable harm, which was not shown here.
• Dep't of Health & Rehabilitative Servs. of the State of Fla. v. Myron Weinstein
  447 So. 2d 345· Fla. 4th DCA· 1984-02-29 ·cited 7×
• R.I. Minority Caucus, Inc. v. Baronian
  590 F.2d 372· 1st Cir.· 1979-01-11 ·cited 7×
  The court affirmed the denial of a preliminary injunction because the alleged harm was dissipated by the passage of the 1978 election, rendering the request for interim relief moot.
• Gulf Power Co. v. Glass
  355 So. 2d 147· Fla. 1st DCA· 1978-02-08 ·cited 7×
  Gulf Power Company sought a mandatory injunction to remove wrecked cars stored on its transmission line easement. The trial court denied the injunction, finding the cars readily removable and the Glasses' use inconsistent with Gulf Power's rights only if they failed to promptly r
• Pitts v. Neptune
  396 So. 3d 619· Fla. 1st DCA· 2024-03-06 ·cited 6×
  The appellate court dismissed a petition for a writ of certiorari seeking to quash a discovery order. The court found that the petitioners failed to demonstrate irreparable harm that could not be remedied on appeal and that the trial court's order did not depart from the essentia
• Decisionhr USA, Inc. v. Mills
  341 So. 3d 448· Fla. 2d DCA· 2022-06-17 ·cited 6×
  The appellate court granted a petition for certiorari, quashing a trial court's order that denied a motion for a protective order. The court found that the trial court failed to apply the newly codified "apex doctrine" which protects high-level corporate officers from depositions
• State v. Efren Yero
  44 Fla. L. Weekly S125· Fla. 3d DCA· 2021-01-13 ·cited 6×
  A trial court's order vacating a sentence and directing resentencing pursuant to an appellate mandate is not an appealable order under section 924.07(1) of the Florida Statutes or Florida Rule of Appellate Procedure 9.140(c)(1).
• Tahan v. Munoz
  44 Fla. L. Weekly D2458· Fla. 3d DCA· 2020-06-17 ·cited 6×
  The court denied a petition for a writ of certiorari, upholding a discovery order against a non-party insurer. A concurring opinion expressed concern that the current precedent creates disparate treatment in discovery between plaintiffs and defendants, particularly regarding fina
• Am. Med. Sys., LLC v. MSP Recovery Claims
  290 So. 3d 548· Fla. 3d DCA· 2019-12-11 ·cited 6×
  The appellate court dismissed a petition for a writ of certiorari, finding it lacked jurisdiction because the petitioners failed to demonstrate irreparable harm. The trial court's order only denied a motion to dismiss a bill of discovery and did not compel the production of any d
• Angeles-Delgado v. Benitez
  44 Fla. L. Weekly D785· Fla. 3d DCA· 2019-09-11 ·cited 6×
  This case involves a petition for a writ of certiorari challenging a trial court's order compelling discovery of financial and professional relationships between a defendant's insurer, expert witnesses, and their law firm. The appellate court denied the petition, finding no depar
• Fla. Power & Light Co. v. Cook
  277 So. 3d 263· Fla. 3d DCA· 2019-07-31 ·cited 6×
  The appellate court dismissed Florida Power & Light Company's petition for a writ of certiorari seeking to quash orders denying its motions for protective orders against deposition notices. The court found that FPL failed to demonstrate irreparable harm, which is a prerequisite f