Irreparable Harm

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

• Thomas-McDonald Law Firm, P.A. v. Silva
  49 Fla. L. Weekly D1280· Fla. 3d DCA· 2024-10-16 ·cited 5×
  The Thomas-McDonald Law Firm sought certiorari review of a blanket protective order prohibiting an 87-year-old ward from testifying in any legal proceeding. The law firm, which represented the ward in a guardianship dispute and has pending motions for fees, challenged the order a
• Avatar Prop. & Cas. Ins. Co. v. Mitchell
  314 So. 3d 640· Fla. 3d DCA· 2021-01-13 ·cited 5×
  Materials prepared by an insurer's adjuster in response to a property damage claim constitute work product protected from discovery under Florida Rule of Civil Procedure 1.280(b)(4), and a trial court errs in ordering their disclosure when coverage remains in dispute and the disc
• Brundage v. Evans
  295 So. 3d 300· Fla. 2d DCA· 2020-03-18 ·cited 5×
  This case involves a medical malpractice lawsuit where the plaintiff failed to include a required expert opinion in their notice of intent to sue. The appellate court found that the trial court erred by allowing the plaintiff to claim a waiver of this requirement based on the def
• The Sch. Bd. of Hillsborough Cnty. v. Woodford
  270 So. 3d 481· Fla. 2d DCA· 2019-04-26 ·cited 5×
  A local governmental authority's general contract with DOAH to adjudicate administrative disputes constitutes a sufficient administrative remedy under section 112.3187(8)(b) of the Whistle-blower's Act, and no notice requirement exists in the statute requiring the authority to in
• Phillips v. Phillips
  264 So. 3d 1129· Fla. 2d DCA· 2019-02-20 ·cited 5×
  A party's stipulation that he can afford to pay any amount of support does not excuse the opposing party from obtaining relevant financial discovery or relieve the trial court of its statutory duty to make findings regarding both parties' financial resources when determining temp
• Chetu, Inc. v. Ko Gaming, Inc.
  261 So. 3d 605· Fla. 4th DCA· 2019-01-09 ·cited 5×
  Chetu petitioned for a writ of certiorari to quash a discovery order requiring disclosure of private financial information, including profit margins, cost analyses, and employee compensation. KO Gaming sought this information in a breach of contract action, claiming it was releva
• City of Miami v. Airbnb
  260 So. 3d 478· Fla. 3d DCA· 2018-12-05 ·cited 5×
  The temporary injunction against the City's vacation rental ban was reversed as overbroad because Miami 21, which predated the state preemption statute's June 1, 2011 cutoff, is not preempted and permits short-term rentals as long as the property's predominant use remains permane
• Solonina v. Artglass Int'l
  256 So. 3d 971· Fla. 3d DCA· 2018-10-10 ·cited 5×
  A trial court's scheduling of trial on a date when the plaintiff-party and material witness is unavailable, coupled with the effective preclusion of deposing material witnesses, constitutes a departure from the essential requirements of law causing irreparable harm remediable by
• Donoho v. Allen-Rosner
  254 So. 3d 472· Fla. 4th DCA· 2018-08-24 ·cited 5×
  The court held that the trial court correctly denied the request for a temporary injunction because the appellant failed to establish the necessary elements, including irreparable harm and a substantial likelihood of success on the merits.
• US Bank Nat'l Ass'n FOR CSFB Heat 2006-7 v. Tranumn
  247 So. 3d 567· Fla. 1st DCA· 2018-01-02 ·cited 5×
  US Bank sought certiorari review of a trial court's final judgment awarding it $80,587.17 in a mortgage foreclosure action, challenging the court's severance of the borrowers' counterclaims and affirmative defenses. The First District Court of Appeal granted the petition, holding
• Collado v. Brigitte Baroukh
  226 So. 3d 924· Fla. 4th DCA· 2017-08-30 ·cited 5×
  A condominium unit owner appealed the dismissal of her shareholder derivative suit against the condominium association and its board members. The Florida appellate court reversed in part and remanded, holding that while the complaint had pleading deficiencies and failed to comply
• U'Dreka Andrews v. State
  218 So. 3d 466· Fla. 1st DCA· 2017-05-02 ·cited 5×
  U'Dreka Andrews, an indigent defendant represented by pro bono counsel in a Miller resentencing proceeding, petitioned for certiorari to review the trial court's denial of her motion to file requests for expert appointments and costs ex parte and under seal to protect privileged
• Gomez v. Fradin
  199 So. 3d 554· Fla. 4th DCA· 2016-09-14 ·cited 5×
  The trial court correctly determined it lacked authority to appoint an administrator ad litem for a deceased party.
• S. Baptist Hosp. OF Fla., Inc. v. Charles
  178 So. 3d 102· Fla. 1st DCA· 2015-10-28 ·cited 5×
  This case addresses the intersection of Florida's Amendment 7 (broad discovery rights for medical malpractice plaintiffs regarding adverse medical incidents) and the federal Patient Safety and Quality Improvement Act of 2005 (PSQIA), which protects patient safety work product (PS
• Planned Parenthood OF Greater Orlando v. MMB Props.
  171 So. 3d 125· Fla. 5th DCA· 2015-05-22 ·cited 5×
  Planned Parenthood appeals a temporary injunction prohibiting it from performing abortions at a medical park property in violation of a restrictive covenant. The Fifth District Court of Appeal reversed the portion of the injunction prohibiting sonograms for lack of proper pleadin
• Abdo v. State
  144 So. 3d 594· Fla. 2d DCA· 2014-08-01 ·cited 5×
  Joseph Abdo, a non-party to criminal proceedings, sought to suppress a video and audio recording of himself in his own vehicle, arguing it was made without his knowledge or consent and violated Florida's wiretapping statute (Chapter 934). The trial court denied the protective ord
• Marshall v. Buttonwood BAY Condo. Ass'n, Inc.
  118 So. 3d 901· Fla. 3d DCA· 2013-07-24 ·cited 5×
  Marshall sought to depose a condominium association's representatives in a lien foreclosure action, but the trial court granted the association's motion for a protective order barring the depositions. The court held that the trial court abused its discretion by prohibiting materi
• Meadows v. Med. Optics, Inc.
  90 So. 3d 924· Fla. 4th DCA· 2012-06-20 ·cited 5×
  The court held that the trial court erred by failing to conduct an evidentiary hearing to determine the proper amount of the injunction bond.
• Fong v. Courvoisier Courts Condo.
  81 So. 3d 562· Fla. 3d DCA· 2012-02-22 ·cited 5×
  The Fongs appealed the denial of their motion to dissolve a temporary injunction issued by the trial court regarding their property. Although the appellate court agreed the trial court abused its discretion in granting the injunction, it affirmed the denial of the motion to disso
• Anderson v. Helen Ellis Mem'l Hosp. Found., Inc.
  66 So. 3d 1095· Fla. 2d DCA· 2011-08-19 ·cited 5×
  The Florida Court of Appeal addressed whether parents of a child injured at birth must wait for the administrative determination of available compensation benefits before they can elect to reject those benefits and pursue a civil action against the hospital. The court held that t
• Kirkland v. Peoplessouth Bank
  70 So. 3d 662· Fla. 1st DCA· 2011-06-28 ·cited 5×
  The appellate court affirmed the trial court's order quieting title to property but reversed and remanded the order granting a permanent injunction due to insufficient reasoning provided by the trial court.
• USAA Cas. Ins. Co. v. Callery
  66 So. 3d 315· Fla. 2d DCA· 2011-06-10 ·cited 5×
  The court held that the trial court departed from the essential requirements of law by compelling production of medical records without compliance with statutory notice requirements.
• Miami-Dade Cnty. v. Malibu Lodging Invs., LLC
  64 So. 3d 716· Fla. 3d DCA· 2011-06-01 ·cited 5×
  Miami-Dade County challenged a hotel owner's placement of outdoor advertising signage on its property, arguing it violated county ordinances protecting aesthetic qualities and public safety near expressways. The trial court dismissed the case, finding the ordinances unconstitutio
• USAA Cas. Ins. Co. v. Pembroke Pines MRI, Inc.
  24 So. 3d 588· Fla. 4th DCA· 2009-10-21 ·cited 5×
  USAA Casualty Insurance Company sought emergency writ of certiorari review of a circuit court order deferring ruling on a motion challenging a county court's denial of a stay of discovery pending appellate review. The Florida Fourth District Court of Appeal dismissed the petition
• LaROSE v. A.K.
  37 So. 3d 265· Fla. 2d DCA· 2009-07-24 ·cited 5×
  A.K. sought a temporary injunction to remove an academic integrity violation and failing grade from her student file, alleging unfair plagiarism accusations by Professor LaRose and the University of Tampa. The trial court granted the temporary injunction, and this appeal affirms
• Pepsi Bottling Grp., Inc. v. Wanzell J. Underwood
  8 So. 3d 1260· Fla. 1st DCA· 2009-05-07 ·cited 5×
  The court held that the order requiring a medical evaluation does not cause irreparable harm that cannot be remedied on appeal, thus denying the petition for writ of certiorari.
• Cooper Tire & Rubber Co. v. Rodriguez
  2 So. 3d 1027· Fla. 3d DCA· 2009-01-14 ·cited 5×
  Cooper Tire & Rubber Co. sought certiorari review of two discovery orders requiring it to produce documents in response to requests from plaintiff Sandra Rodriguez in a products liability action arising from a tire separation. The Florida District Court of Appeal dismissed the pe
• Urquiza v. Kendall Healthcare Grp., Ltd.
  994 So. 2d 476· Fla. 3d DCA· 2008-11-05 ·cited 5×
  The Florida District Court of Appeal, Third District, denied a petition for writ of certiorari challenging a trial court's order denying defendants' motion to stay civil proceedings based on Fifth Amendment privilege. The court held that defendants failed to properly assert their
• Banco Latino (S.A.C.A.) v. Kimberly
  979 So. 2d 1169· Fla. 3d DCA· 2008-04-23 ·cited 5×
  The court held that the petitioner failed to demonstrate irreparable harm, which is required for certiorari review of a discovery order.
• In the Interest of J.H. and S.H. v. Dep't of Child. & Fam. Servs.
  979 So. 2d 363· Fla. 2d DCA· 2008-04-16 ·cited 5×
  The Florida District Court of Appeal reversed a circuit court's order restricting a non-offending father's visitation with his children to supervised-only status and requiring a psychological evaluation. The court found the order lacked any factual basis and was issued without pr
• Majestic SUN Owners' Ass'n, Inc. v. Fla. Condos I Ltd. P'ship
  895 So. 2d 534· Fla. 1st DCA· 2005-03-10 ·cited 5×
• Carmine E. Gazerro v. Crane
  890 So. 2d 446· Fla. 4th DCA· 2004-12-29 ·cited 5×
• Legion Ins. Co. v. Moore
  846 So. 2d 1183· Fla. 4th DCA· 2003-05-14 ·cited 5×
  Legion Insurance Company appealed the trial court's order striking its declaratory judgment action regarding UM coverage for an accident in which the insured driver died. The court affirmed, holding that where a first-party UM claim involves a disputed factual issue about whether
• Barrett v. Callaway
  842 So. 2d 1056· Fla. 4th DCA· 2003-04-23 ·cited 5×
  Certiorari review is not warranted for a protective order prohibiting discovery when plenary appeal provides an adequate remedy.
• Koziara v. City of Casselberry
  239 F. Supp. 2d 1245· M.D. Fla.· 2002-12-10 ·cited 5×
  The court held that the doctrine of res judicata barred the plaintiffs' federal claims because the issues raised could have been litigated in prior state court proceedings.
• Univ. Books & Videos, Inc. v. Metro. Dade Cnty.
  33 F. Supp. 2d 1364· S.D. Fla.· 1999-01-19 ·cited 5×
  The court granted plaintiffs' motion for a preliminary injunction, finding a substantial likelihood of success on their First Amendment claim regarding the zoning ordinance's limitations on adult entertainment establishments.
• Henniger v. Pinellas Cnty.
  7 F. Supp. 2d 1334· M.D. Fla.· 1998-06-25 ·cited 5×
  The court held that a property interest in a building permit, created by state law via equitable estoppel, is protected by procedural due process, not substantive due process. Claims were dismissed for failure to state a claim, lack of ripeness, or failure to exhaust administrati
• Salzverg v. Genie Salzverg
  696 So. 2d 1278· Fla. 3d DCA· 1997-07-09 ·cited 5×
• Callaway Golf Co. v. Golf Clean, Inc.
  915 F. Supp. 1206· M.D. Fla.· 1995-08-08 ·cited 5×
  The court granted a preliminary injunction, finding that the defendant's golf clubs were confusingly similar to the plaintiff's trade dress and likely infringed upon the plaintiff's trademarks and trade dress rights under the Lanham Act.
• One World One Family Now v. City of Key W.
  852 F. Supp. 1005· S.D. Fla.· 1994-05-03 ·cited 5×
  The court held that the sale of expressive T-shirts from portable tables on public sidewalks constitutes protected First Amendment activity, and the City's permit scheme was likely unconstitutional due to unbridled discretion.
• Merrill Lynch v. Hagerty
  808 F. Supp. 1555· S.D. Fla.· 1992-10-27 ·cited 5×
  The court held that the plaintiff demonstrated a likelihood of success on the merits, irreparable harm, and that the balance of harms and public interest favored granting a preliminary injunction.
• T-Marc, Inc. v. Pinellas Cnty.
  804 F. Supp. 1500· M.D. Fla.· 1992-10-07 ·cited 5×
  The court held that while most of the challenged ordinance provisions were likely constitutional, certain employee disclosure requirements were overly intrusive and not substantially related to the stated government interests, warranting an injunction.
• NEW England Braiding Co., Inc. v. A.W. Chesterton Co.
  970 F.2d 878· Fed. Cir.· 1992-07-28 ·cited 5×
  The court held that the district court did not abuse its discretion in denying NEBCO's motion for a preliminary injunction, as NEBCO failed to demonstrate a likelihood of success on the merits regarding the patent's inventorship.
• Hayden v. Beese
  596 So. 2d 1207· Fla. 4th DCA· 1992-04-08 ·cited 5×
  Tenants appealed the denial of a temporary injunction to prevent eviction under Florida's summary procedure statute. The court upheld the constitutionality of the summary eviction statute and the delegation of rulemaking authority to the legislature, affirming the denial of the i
• Protect Key W., Inc. v. Cheney
  795 F. Supp. 1552· S.D. Fla.· 1992-03-30 ·cited 5×
  The court held that the Navy's original Environmental Assessment (EA) was inadequate and failed to meet NEPA requirements, and subsequent documentation did not cure this defect.
• Rey v. Guy Gannett Publ'g Co.
  766 F. Supp. 1142· S.D. Fla.· 1991-06-06 ·cited 5×
  The court held that the plaintiffs failed to demonstrate a substantial likelihood of success on the merits or irreparable harm, thus denying their motion for a preliminary injunction.
• Boarhead Corp. v. Erickson
  923 F.2d 1011· 3d Cir.· 1991-01-16 ·cited 5×
  The court held that CERCLA's jurisdictional limitations under § 113(h) preclude district courts from hearing claims challenging EPA pre-cleanup activities, even if those claims arise under other federal statutes like the Preservation Act.
• United Steelworkers OF Am., AFL-CIO v. Textron, Inc.
  836 F.2d 6· 1st Cir.· 1987-12-09 ·cited 5×
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction requiring Textron to pay retiree health and life insurance premiums.
• Loveridge v. Pendleton Woolen Mills, Inc.
  788 F.2d 914· 2d Cir.· 1986-04-25 ·cited 5×
  The court held that the district court abused its discretion in granting a preliminary injunction because the appellee failed to demonstrate irreparable harm, as any potential financial losses were compensable by money damages.
• Polovchak v. Meese
  774 F.2d 731· 7th Cir.· 1985-09-10 ·cited 5×
  The court held that the Government violated the Polovchaks' due process rights by failing to notify them of the departure control order and grant a hearing. However, the judge dissents on the district court's injunction, arguing it was a necessary remedy.