Irreparable Harm

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

• Farrey's Wholesale Hardware Co., Inc. v. Coltin Elec. Servs., LLC
  263 So. 3d 168· Fla. 2d DCA· 2018-12-28 ·cited 6×
  Farrey's Wholesale Hardware Co. appealed three consolidated proceedings challenging a trial court's entry of partial summary judgment in favor of Coltin Electrical Services on Farrey's construction lien claim and Coltin's counterclaim that the lien was fraudulent. The Florida Dis
• Rev Rec. Grp. v. LDRV Holdings Corp.
  259 So. 3d 232· Fla. 2d DCA· 2018-11-09 ·cited 6×
  REV Recreation Group appealed a temporary injunction order granting Lazydays exclusive dealership rights to sell certain recreational vehicle models. The court found that REV unlawfully allocated the 'Signature' and 'Marquis' models to competitor General RV when those models cons
• People's Tr. Ins. Co. v. Acosta
  259 So. 3d 179· Fla. 3d DCA· 2018-10-10 ·cited 6×
  A temporary injunction compelling insureds to execute a work authorization and submit to appraisal under an election-to-repair clause is not warranted because the insurer has adequate remedies at law, including abatement of the insureds' lawsuit, declaratory relief, and money dam
• Sammie Invs. v. Strategica Cap. Assocs.
  247 So. 3d 596· Fla. 3d DCA· 2018-05-09 ·cited 6×
  A temporary injunction cannot be granted to preserve assets for satisfaction of a money judgment when the plaintiff has an adequate remedy at law through monetary damages. Irreparable injury requires harm that cannot be cured by money damages.
• Gonzalez v. Coconut Key Homeowners Assoc., Inc.
  246 So. 3d 428· Fla. 4th DCA· 2018-05-09 ·cited 6×
  A party who obtains affirmative equitable relief and prevails on significant issues in litigation is the prevailing party entitled to attorney's fees and costs under Florida law, even if the jury awards zero monetary damages on a related breach claim.
• Christa Adkins v. Sotolongo
  227 So. 3d 717· Fla. 3d DCA· 2017-09-20 ·cited 6×
  A mother declared indigent in a child custody dispute seeks certiorari review to challenge a trial court order requiring her to advance the court-appointed guardian's deposition fees before being permitted to depose the guardian regarding the reasonableness of the guardian's fees
• Hernandez v. Fla. Peninsula Ins. Co.
  211 So. 3d 1126· Fla. 3d DCA· 2017-02-22 ·cited 6×
  The court held that the abatement of the insureds' claims against their insurer does not constitute irreparable harm because the insurer acknowledged that the insureds would have a proper cause of action after repairs are completed if the property is not returned to its pre-loss
• Robles v. Baptist Health S. Fla., Inc.
  197 So. 3d 1196· Fla. 3d DCA· 2016-07-13 ·cited 6×
  The court held that an appeal from an order dismissing some but not all interrelated counts of a complaint is premature and must be dismissed for lack of jurisdiction.
• Allen v. State Farm Fla. Ins. Co.
  198 So. 3d 871· Fla. 2d DCA· 2016-06-10 ·cited 6×
  Homeowners sought certiorari review of a discovery order requiring disclosure of their settlement agreement with Federal Insurance in a breach of contract action against State Farm. The court held that disclosure was premature and violated the essential requirements of law becaus
• The Sch. Bd. OF Miami-Dade Cnty. v. C.A.F.
  194 So. 3d 493· Fla. 3d DCA· 2016-06-01 ·cited 6×
  The School Board of Miami-Dade County sought a writ of prohibition and certiorari to prevent an administrative law judge from awarding attorneys' fees to parents in IDEA special education disputes. The Florida appellate court dismissed the petition, holding that prohibition was p
• State v. Gainesville Woman Care LLC
  187 So. 3d 279· Fla. 1st DCA· 2016-02-26 ·cited 6×
  Florida appealed a trial court's temporary injunction blocking enforcement of a 2015 law imposing a 24-hour waiting period for abortion procedures. The appellate court reversed, finding the trial court's injunction order deficient in factual findings, evidentiary support, and leg
• Worley v. Cent. Fla. Young Men's Christian Ass'n, Inc.
  163 So. 3d 1240· Fla. 5th DCA· 2015-05-15 ·cited 6×
  Heather Worley petitioned for a writ of certiorari to quash a trial court order requiring her to produce documents and information about referral relationships and agreements between her law firm (Morgan & Morgan) and her treating physicians. The Fifth District Court of Appeal de
• Jordan Grabel, M.D. v. Sterrett
  163 So. 3d 704· Fla. 4th DCA· 2015-04-29 ·cited 6×
  The Fourth District Court of Appeal granted a physician's petition for writ of certiorari to quash a trial court's order compelling discovery of his financial and billing records. The court held that the trial court departed from the essential requirements of law by ordering prod
• Bloomgarden v. Mandel
  154 So. 3d 451· Fla. 3d DCA· 2014-12-31 ·cited 6×
  The Bloomgardens appealed a trial court order denying their motion to cancel a charging lien asserted by their former attorney Lanza on a settlement in their underlying malpractice action. The appellate court dismissed the appeal for lack of jurisdiction because the order was nei
• Gables Ins. Recovery, Inc. v. Progressive Express Ins. Co.
  159 So. 3d 863· Fla. 3d DCA· 2014-12-31 ·cited 6×
  The court held that it would not grant second-tier certiorari review because the appellate division did not violate clearly established law or procedure, despite potential disagreement with the county court's ruling.
• GEICO Cas. Co. v. Barber
  147 So. 3d 109· Fla. 5th DCA· 2014-08-15 ·cited 6×
  This case involves a dissenting opinion arguing that a trial court should have allowed a plaintiff to amend his complaint to add claims for bad faith and declaratory judgment after the insurer tendered policy limits, and that the trial court did not lose jurisdiction to do so.
• The Fla. House OF Representatives v. Romo
  113 So. 3d 117· Fla. 1st DCA· 2013-05-22 ·cited 6×
  The Florida Legislature petitioned for certiorari review of a trial court order that permitted depositions of legislators and legislative staff regarding the congressional reapportionment process and required production of draft maps for in camera review. The court held that the
• Elms v. Castle Constructors Co. & Bridgefield Emp'rs Insurers/Claims Ctrs.
  109 So. 3d 1274· Fla. 1st DCA· 2013-04-04 ·cited 6×
  Keith Elms sought certiorari review of a Judge of Compensation Claims order denying approval of a flat-fee retainer agreement with his attorney. The Florida First District Court of Appeal dismissed the petition, holding that Elms failed to demonstrate the irreparable harm necessa
• Avalon Legal Info. Servs., Inc. v. Keating
  110 So. 3d 75· Fla. 5th DCA· 2013-03-08 ·cited 6×
  Avalon Legal Information Services and Judy Schneider appealed a temporary injunction enjoining them from violating a non-compete/non-solicitation covenant in favor of Gerard Keating. The court affirmed the injunction and bond amount but remanded for modification of the injunction
• J.S. and C.L. v. S.M.M.
  67 So. 3d 1231· Fla. 2d DCA· 2011-09-02 ·cited 6×
  The Second District Court of Appeal quashed a trial court order that allowed a putative biological father to pursue a paternity action against a child conceived and born during an intact marriage where both spouses opposed the action. The court held that the statutory presumption
• Gibson v. Progress Bank OF Fla.
  54 So. 3d 1058· Fla. 2d DCA· 2011-02-23 ·cited 6×
  Petitioners, non-parties to a loan default action, challenged a trial court's order permitting discovery of their personal financial records in aid of executing a summary judgment against other defendants. The Florida District Court of Appeal held the summary judgment void becaus
• Relinger v. FOX
  55 So. 3d 638· Fla. 2d DCA· 2011-02-09 ·cited 6×
  An order abating a civil action is reviewable by certiorari because an appeal from a final judgment is not an adequate remedy for the delay caused by abatement. Abatement requires a strict identity of parties, which was lacking here.
• Sacred Fam. Invs., Inc. v. Doral Supermarket, Inc.
  20 So. 3d 412· Fla. 3d DCA· 2009-10-14 ·cited 6×
  Sacred Family Investments appeals from an order temporarily enjoining construction of a bank building on leased parking spaces and ordering restoration of the parking lot. The court affirmed the injunction against further construction but reversed the order requiring restoration
• Global Tel Link Corp. v. Scott
  652 F. Supp. 2d 1240· M.D. Fla.· 2009-07-28 ·cited 6×
  The court held that the plaintiff was entitled to a preliminary injunction compelling the Sheriff's Office to engage in alternative dispute resolution as per the contract, but denied other injunctive relief against the Sheriff's Office and DSI/ITI due to failure to meet the likel
• League of Women Voters of Fla. v. Browning
  575 F. Supp. 2d 1298· S.D. Fla.· 2008-08-06 ·cited 6×
  The court granted plaintiffs' motion for a preliminary injunction, finding that the Amended Law likely violates the First Amendment by chilling protected speech and association.
• Jimenez v. Rateni
  967 So. 2d 1075· Fla. 2d DCA· 2007-11-09 ·cited 6×
  The court held that the circuit court erred in interpreting the local rule to geographically limit the assignment of county court civil appeals, and that the rule requires random assignment to all circuit judges in the division.
• Fla. W. Realty P'rs, LLC v. MDG Lake Trafford, LLC
  975 So. 2d 479· Fla. 2d DCA· 2007-07-11 ·cited 6×
  Florida West Realty Partners sought certiorari review of a trial court's denial of its motion to extend a notice of lis pendens on real property. The appellate court held that while a fair nexus between the property and the lawsuit is necessary to maintain a lis pendens, it does
• The Reserve AT Wedgefield Homeowners' v. Dixon
  948 So. 2d 65· Fla. 5th DCA· 2007-01-12 ·cited 6×
  A homeowners' association appealed a trial court's order granting a homeowner emergency injunctive relief to prevent foreclosure proceedings on her property for alleged improper assessment of dues on multiple lots. The Fifth District Court of Appeal reversed, holding that the inj
• State Farm Mut. Auto. Ins. Co. v. Brewer
  940 So. 2d 1284· Fla. 5th DCA· 2006-11-09 ·cited 6×
  State Farm sought certiorari to quash a trial court order denying its motion for summary judgment on Jennifer Brewer's statutory bad faith insurance claim arising from an uninsured motorist coverage dispute related to a 1992 automobile accident. The appellate court agreed the tri
• Westwood ONE, Inc. v. Flight Express, Inc.
  940 So. 2d 1241· Fla. 5th DCA· 2006-11-03 ·cited 6×
  The appellate court dismissed the appeal because the order granting a motion for default and striking a motion to compel arbitration is a non-final, non-appealable order under the relevant rules.
• Bandorf v. Volusia Cnty. Dep't OF Corr. & Cnty. of Volusia
  939 So. 2d 249· Fla. 1st DCA· 2006-10-16 ·cited 6×
  The court held that psychiatric records are privileged under the psychotherapist-patient privilege, and the exception does not apply when the claimant's physical injury symptoms are merely arguably associated with a mental condition, rather than the mental condition being an elem
• Teena Herschowsky v. The Guardianship OF Julius Herschowsky
  890 So. 2d 1246· Fla. 4th DCA· 2005-01-19 ·cited 6×
  Teena Herschowsky, daughter of a ward in a guardianship proceeding, challenged a trial court order disqualifying her attorney, John Fenner, who had previously represented the ward. The appellate court held that prior representation alone does not create a conflict of interest and
• In re Commitment OF Duane Edwin Sutton v. State
  884 So. 2d 198· Fla. 2d DCA· 2004-07-28 ·cited 6×
  The court held that petitioners failed to demonstrate the trial court departed from the essential requirements of law, thus denying their petitions for certiorari and prohibition.
• Leslie Sultan, D.D.S. v. Earing-Doud
  852 So. 2d 313· Fla. 4th DCA· 2003-07-30 ·cited 6×
  The appellate court denied a petition for certiorari review of a trial court's order. The petitioner, a defendant dentist, sought to strike the plaintiff's expert witness and disqualify the plaintiff's counsel. The court found no irreparable harm to justify certiorari review for
• Merrill Lynch v. Dunn
  191 F. Supp. 2d 1346· M.D. Fla.· 2002-03-18 ·cited 6×
  The court held that a preliminary injunction was warranted to prevent former employees from soliciting clients and using confidential customer information, as the plaintiff demonstrated a likelihood of success on the merits, irreparable harm, a favorable balance of harms, and tha
• City OF Dania Beach v. Konschnik
  763 So. 2d 555· Fla. 4th DCA· 2000-08-02 ·cited 6×
  The City of Dania Beach appealed a temporary injunction order requiring it to reopen an alleyway behind the Konschniks' property. The trial court granted the injunction despite finding no irreparable harm, reasoning that the alleyway's reopening was necessary for the appellees' b
• Sjuts v. State
  754 So. 2d 781· Fla. 2d DCA· 2000-03-22 ·cited 6×
  Dale Edward Sjuts, detained under Florida's Involuntary Commitment of Sexual Predators Act pending trial to determine if he is a sexually violent predator, sought certiorari review of trial court orders denying his motion to compel discovery from the State and granting the State
• Allstate Ins. Co. v. Baughman
  741 So. 2d 624· Fla. 2d DCA· 1999-09-24 ·cited 6×
  Allstate Insurance Company sought certiorari review of a circuit court order affirming a county court's denial of Allstate's motion to dismiss or abate a bad faith failure to settle claim. The Second District Court of Appeal granted the petition, holding that under Florida law as
• Operation Rescue Nat'l v. City OF Orlando
  712 So. 2d 449· Fla. 5th DCA· 1998-06-16 ·cited 6×
  Operation Rescue National sought emergency relief from an injunction issued by the City of Orlando, challenging whether the injunction was properly issued without notice and opportunity to be heard in violation of due process rights. The court found the original injunction did no
• CBS, Inc. v. PrimeTime 24 Joint Venture
  9 F. Supp. 2d 1333· S.D. Fla.· 1998-05-13 ·cited 6×
  The court held that the Satellite Home Viewers Act's definition of 'unserved household' relies on an objective FCC standard for signal intensity, not subjective subscriber reports of picture quality. PrimeTime 24's reliance on subscriber self-reporting is insufficient to comply w
• Sunrise Gift & Souvenir, Inc. v. Marcotte
  698 So. 2d 345· Fla. 5th DCA· 1997-08-15 ·cited 6×
  Petitioners sued by firefighters and estates of deceased firefighters sought certiorari review of an order denying their summary judgment motions based on the Fireman's Rule. The court held that the Fireman's Rule does not provide immunity from suit like qualified immunity and th
• Rutherford, Mulhall & Wargo, P.A. v. Antidormi
  695 So. 2d 1300· Fla. 4th DCA· 1997-06-25 ·cited 6×
• Calfin v. McINNIS
  683 So. 2d 1137· Fla. 4th DCA· 1996-12-11 ·cited 6×
  Petitioner sought certiorari review of an order denying her motion to compel production of accident scene photographs on work product privilege grounds in a personal injury suit where liability was admitted and only damages remained at issue. The court dismissed the petition, hol
• Anheuser-Busch, Inc. v. A-B Distribs., Inc.
  910 F. Supp. 587· M.D. Fla.· 1995-11-17 ·cited 6×
  The court held that the plaintiff failed to demonstrate a substantial likelihood of success on the merits for its claims of trademark infringement and breach of contract, thus denying the motion for preliminary and permanent injunction.
• Loggerhead Turtle v. Volusia Cnty. Council
  896 F. Supp. 1170· M.D. Fla.· 1995-08-01 ·cited 6×
  The court held that the Endangered Species Act's standard for preliminary injunctions does not permit balancing of economic and social interests against the protection of endangered species; such balancing is reserved for the Secretary of the Interior.
• State v. Kountry Kitchen OF KEY Largo, Inc.
  645 So. 2d 1086· Fla. 3d DCA· 1994-11-30 ·cited 6×
  The court held that a loss of business alone is insufficient to establish irreparable harm, a necessary element for a temporary injunction.
• In the Interest of D.W.
  616 So. 2d 620· Fla. 4th DCA· 1993-04-14 ·cited 6×
  An order waiving juvenile jurisdiction and certifying a child for trial as an adult is not an interlocutory appealable order and does not qualify for common-law certiorari review absent an essential departure from law and irreparable harm.
• In re Sandahl
  980 F.2d 1118· 7th Cir.· 1992-12-02 ·cited 6×
  A writ of mandamus will be granted to vacate a disqualification order if the order is patently erroneous, as the judge's reasoning here was inadequate and based on an abandoned client's rights.
• Haitian Ctrs. Council, Inc. v. McNARY
  969 F.2d 1326· 2d Cir.· 1992-06-10 ·cited 6×
  The dissenting judge would vacate the preliminary injunction, finding that aliens interdicted at sea and detained at Guantanamo Bay do not possess Fifth Amendment due process rights regarding their admission to the United States.
• State of Fla. Dep't of Env't Reg. v. Marieta Kaszyk
  590 So. 2d 1010· Fla. 3d DCA· 1991-12-10 ·cited 6×
  The Florida Department of Environmental Regulation appealed the denial of a temporary injunction against a trailer park owner whose sewage treatment plants violated state effluent standards. The appellate court reversed, holding that DER established all elements for a temporary i