Irreparable Harm

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

• Majorica, S.A. v. R.H. Macy & Co., Inc.
  762 F.2d 7· 2d Cir.· 1985-05-02 ·cited 5×
  A significant delay in seeking preliminary injunctive relief can neutralize the presumption of irreparable harm required for such relief, even if the delay does not constitute laches.
• The Chesapeake & Potomac Tel. Co. of Md. v. Pub. Serv. Comm'n OF Md.
  748 F.2d 879· 4th Cir.· 1984-11-20 ·cited 5×
  The court held that the district court had jurisdiction under 47 U.S.C. § 401(b) to grant a preliminary injunction and did not abuse its discretion in doing so.
• Am. Broad. Cos., Inc. v. Cuomo
  570 F.2d 1080· 2d Cir.· 1977-09-21 ·cited 5×
  The court held that excluding ABC's management crew from campaign activities under threat of arrest for criminal trespass violates the First Amendment and warrants federal injunctive relief, reversing the lower court's dismissal.
• United States v. The Wash. Post Co.
  446 F.2d 1322· D.C. Cir.· 1971-06-19 ·cited 5×
  The court held that the district court erred in denying the government's request for a temporary restraining order to prevent publication of classified national security information.
• DOE v. McMILLAN
  442 F.2d 879· D.C. Cir.· 1971-03-11 ·cited 5×
  The court held that the injunction previously entered should be modified to permit the publication of names of students absent from school, and continued in effect pending expedited litigation.
• Guardian AD Litem Statewide v. S. S. and B. S.
  335 So. 3d 729· Fla. 2d DCA· 2024-02-14 ·cited 4×
  The appellate court granted a petition for certiorari, quashing a trial court's order that allowed prospective adoptive parents to intervene as parties in a dependency action. The court found that under Florida law, prospective adoptive parents are considered "participants" with
• Adventist Health System/sunbelt, Inc. v. Machalek
  48 Fla. L. Weekly S150· Fla. 5th DCA· 2023-10-06 ·cited 4×
  The trial court's denial of a motion to dismiss based on alleged failure to timely provide a corroborating expert affidavit under the statute of limitations is not reviewable by certiorari. Certiorari review of presuit requirements in medical malpractice actions is limited to pro
• State v. Victorino
  372 So. 3d 772· Fla. 5th DCA· 2023-09-22 ·cited 4×
  A procedural change to capital sentencing statutes does not violate the ex post facto clause and may apply to pending proceedings even when jury selection has commenced, provided the change takes effect before jeopardy attaches (i.e., before the jury is sworn). Application of suc
• Johnston v. Fischer
  351 So. 3d 257· Fla. 5th DCA· 2023-08-25 ·cited 4×
  Orders denying Anti-SLAPP motions under section 768.295, Florida Statutes, are not subject to certiorari review, and any interlocutory review must be pursued through amendment to Florida Rule of Appellate Procedure 9.130.
• SPC Fortebello, LLC v. Catuogno
  343 So. 3d 1276· Fla. 5th DCA· 2022-08-05 ·cited 4×
  A trial court's order granting a temporary injunction must explicitly relate factual findings to each of the four required elements and provide sufficient factual or legal basis for any affirmative obligations imposed, as strict compliance with Florida Rule of Civil Procedure 1.6
• Erskine v. Erskine
  344 So. 3d 566· Fla. 1st DCA· 2022-07-27 ·cited 4×
  The appellate court dismissed the husband's appeal of a contempt order, finding it was not a final order and lacked jurisdiction for certiorari review. However, it affirmed the trial court's order granting temporary attorney's fees to the wife for her defense of the appeals, hold
• Zawistowski v. Gibson
  337 So. 3d 901· Fla. 2d DCA· 2022-04-27 ·cited 4×
  The appellate court granted a petition for certiorari, quashing two trial court orders that compelled the production of a party's medical records. The court held that the trial court erred by failing to conduct an in camera review of the records to ensure only relevant informatio
• Mspa Claims 1, LLC v. Covington Specialty Ins. Co.
  2020 WL 6585873· S.D. Fla.· 2022-03-14 ·cited 4×
  The court affirmed the Magistrate Judge's Report and Recommendations, granting in part and denying in part the Defendant's motion for a bill of costs, and denied the Plaintiff's request for a stay pending appeal.
• Giller v. Giller
  319 So. 3d 690· Fla. 3d DCA· 2022-02-09 ·cited 4×
  Brian Giller appeals an omnibus order in trust litigation adjudicating motions filed by his adult children, Jason and Jamie Giller. The Third District Court of Appeal dismissed portions of the appeal as nonfinal and nonappealable, dismissed as moot the restraining order against G
• James B. Pirtle Constr. Co., Inc. v. Warren Henry Automobiles, Inc.
  Fla. 3d DCA· 2021-10-20 ·cited 4×
  Pirtle Construction sought certiorari review of a trial court order discharging its construction lien against Warren Henry Automobiles' leasehold interest in municipal property. The Third District Court of Appeal granted the petition, holding that Pirtle's lien can only attach to
• Shake v. YES WE ARE MAD Grp., Inc.
  315 So. 3d 1223· Fla. 4th DCA· 2021-04-21 ·cited 4×
  Former business partners disputed control of certain clients under a dissolution agreement. The movant filed a motion for temporary injunction without first filing a complaint, and the trial court granted the injunction without making specific factual findings. The appellate cour
• Valencia v. Pennymac Holdings, LLC
  45 Fla. L. Weekly D2508· Fla. 3d DCA· 2021-02-17 ·cited 4×
  A petition for certiorari to challenge a protective order limiting dissemination of videotaped deposition materials must be dismissed where the petitioner fails to demonstrate irreparable harm that cannot be remedied on direct appeal. No First Amendment right of access extends to
• Katz v. Riemer
  305 So. 3d 663· Fla. 3d DCA· 2020-05-06 ·cited 4×
  The appellate court dismissed a petition for certiorari review of a trial court's order denying a motion to compel financial disclosures. The court found that the requested discovery was not relevant to the claims or defenses framed by the pleadings and therefore did not cause ir
• Picture it Sold Photography, LLC v. Bunkelman
  287 So. 3d 699· Fla. 4th DCA· 2020-01-08 ·cited 4×
  Picture It Sold Photography appeals the denial of a temporary injunction to enforce a non-solicitation and non-compete agreement against former independent contractor Scott Bunkelman. The trial court found the restrictive covenants reasonable and that Bunkelman violated them, but
• Amalgamated Transit Union v. City of Gainesville
  264 So. 3d 375· Fla. 1st DCA· 2019-02-15 ·cited 4×
  The First District Court of Appeal held that it has jurisdiction to review via certiorari a trial court order vacating an arbitration award and remanding the matter for new arbitration. The court certified conflict with three sister districts and rejected their holdings that such
• Fratangelo v. Olsen
  271 So. 3d 1051· Fla. 3d DCA· 2018-12-21 ·cited 4×
  Fratangelo petitions for certiorari to review a non-final trial court order denying his motion for entry of final judgment and reconsideration after a bench trial in a complex business dispute with Olsen over missing assets from LLCs. The appellate court dismisses the petition be
• Venezia v. Wells Fargo Bank
  258 So. 3d 539· Fla. 3d DCA· 2018-10-31 ·cited 4×
  An order scheduling a foreclosure sale pursuant to a valid final foreclosure judgment is a purely administrative, interlocutory step that is neither appealable as a final order nor as a non-final order under appellate rules, and certiorari review is unavailable absent showing of
• Credo LLC v. Speyside Invs. Corp.
  259 So. 3d 893· Fla. 3d DCA· 2018-08-15 ·cited 4×
  An injunction requiring deposit of funds into the court registry is proper where the funds are clearly identifiable, were never the property of the enjoined party, belong to either the plaintiff or a third party, and were intended for a specific purpose in a foreclosure action. T
• Brooks v. Brooks
  239 So. 3d 758· Fla. 1st DCA· 2018-02-23 ·cited 4×
  A wife in a child custody dissolution case sought to subpoena her husband's medical records, pharmacy records, and personnel files to establish his mental health issues and underemployment. The trial court ordered in-camera inspection of these records, but the appellate court qua
• Gov't Emps. Ins. Co. v. Arreola
  231 So. 3d 508· Fla. 2d DCA· 2017-06-02 ·cited 4×
  Geico appeals a partial summary judgment requiring it to pay an attorney's fee judgment under its supplemental payments policy provision. The appellate court holds the partial summary judgment is non-final and non-appealable but converts the appeal to a certiorari petition and qu
• PDR Grayson Dental LAB, LLC v. Progressive Dental Reconstr., Inc.
  203 So. 3d 213· Fla. 1st DCA· 2016-11-17 ·cited 4×
  The court held that business records transmitted to an accounting firm for tax preparation are not privileged and are discoverable, even if the client is suing for fraud related to those records.
• Mims v. Broxton
  191 So. 3d 552· Fla. 5th DCA· 2016-05-20 ·cited 4×
  John Mims petitioned for certiorari review of an order denying his motion to amend his foreclosure complaint to add an indispensable party. The court granted the petition and quashed the lower court's order, finding that the trial court erred in denying the amendment motion based
• Suarez v. Steward Enters. & Travelers Ins. Co.
  164 So. 3d 132· Fla. 1st DCA· 2015-05-12 ·cited 4×
  In this workers' compensation case, the court holds that an Expert Medical Advisor's (EMA) deposition fee is limited to $200 per hour under section 440.13(10), Florida Statutes, because an EMA is a health care provider. The court quashed the JCC's order denying the claimant's fee
• S.P. v. Anthony Vecchio & the State of Fla.
  162 So. 3d 75· Fla. 4th DCA· 2014-10-01 ·cited 4×
  A child victim in a sexual abuse case sought certiorari review to prevent disclosure of her sealed medical records sought by the defendant. The court held that compulsory disclosure would violate both the victim's constitutional privacy rights and her psychotherapist-patient priv
• Moore v. State
  135 So. 3d 462· Fla. 5th DCA· 2014-03-21 ·cited 4×
  The court held that while the trial court erred in conditioning discovery depositions on the use of unauthorized interrogatories, this error did not constitute a material departure from the essential requirements of law that would justify certiorari review.
• Yuri Sucart and Jose Gustavo Gomez v. Off. OF THE Comm'r
  129 So. 3d 1112· Fla. 3d DCA· 2013-12-18 ·cited 4×
  Yuri Sucart and Jose Gustavo Gomez, non-parties to a tortious interference lawsuit filed by the Office of the Commissioner of Baseball, sought writs of certiorari to quash depositions. They argued the lawsuit was preempted by federal labor law because it required interpretation o
• McCLURE v. Publix Super Mkts., Inc.
  124 So. 3d 998· Fla. 4th DCA· 2013-11-06 ·cited 4×
  Petitioner Judith McClure sought certiorari review of a trial court order that required her deposition before production of store security video in a slip-and-fall negligence case against Publix. The Fourth District Court of Appeal denied the writ, holding that trial courts have
• Presidio Networked Solutions, Inc. v. Taylor
  115 So. 3d 434· Fla. 2d DCA· 2013-06-14 ·cited 4×
  Presidio Networked Solutions, Inc. sought certiorari review of a circuit court order directing it to retroactively reinstate an employee's health insurance policy that had lapsed. The court granted the petition, finding that the circuit court violated due process by entering the
• Hwy. 46 Holdings, LLC v. Myers
  114 So. 3d 215· Fla. 5th DCA· 2012-11-09 ·cited 4×
  Highway 46 Holdings and two of its members, the Myerses, appealed from an order refusing to dissolve a temporary injunction that had been entered after notice and hearing. The court affirmed the injunction's continuation but reversed the trial court's decision to forgo requiring
• State v. Adonis Losada
  89 So. 3d 1104· Fla. 3d DCA· 2012-06-13 ·cited 4×
  The State of Florida sought certiorari review to quash a circuit court order that transferred child pornography charges from Palm Beach County to Miami-Dade County and consolidated them with related charges. The appellate court held that the lower court lacked jurisdiction to tra
• Bill Kasper Constr. Co., Inc. v. Morrison
  93 So. 3d 1061· Fla. 5th DCA· 2012-06-08 ·cited 4×
  Bill Kasper Construction Company petitioned for a writ of certiorari to challenge a trial court's order striking its amended witness list containing three new expert witnesses. The Florida Fifth District Court of Appeal denied the petition, holding that certiorari relief is not w
• In the Interest of S.C. v. Dep't of Child. & Fam. Servs. & Guardian Ad Litem Program
  83 So. 3d 883· Fla. 2d DCA· 2012-01-27 ·cited 4×
  The Florida Court of Appeal, Second District, granted a writ of certiorari filed by paternal grandparents challenging a trial court order that prohibited the grandfather from any contact with his grandson and continued the child's placement with the grandmother. The court found t
• Charleen Skyrme v. R.J. Reynolds Tobacco Co.
  75 So. 3d 769· Fla. 2d DCA· 2011-11-18 ·cited 4×
  Charleen Skyrme sought certiorari review of an order denying her motion to amend a personal injury complaint to assert a wrongful death claim after her husband Bobby died. The court dismissed the petition for lack of certiorari jurisdiction, holding that the denial of the amendme
• Murison v. Coral Park Props., Inc.
  64 So. 3d 1288· Fla. 4th DCA· 2011-07-20 ·cited 4×
  The Murisons appealed a trial court order denying their exceptions to a magistrate's report as untimely and for lack of transcripts. The Fourth District Court of Appeal treated the appeal as a petition for writ of certiorari and granted it, finding the trial court erred by denyin
• Heathrow Master Ass'n, Inc. v. Lisle D. Zulia and James J. Zulia
  52 So. 3d 811· Fla. 5th DCA· 2011-01-14 ·cited 4×
  The court held that striking an expert witness without a violation of a court order is a departure from the essential requirements of law causing irreparable harm.
• Sound Surgical Techs., LLC v. Leonard A. Rubinstein, M.D., P.A.
  734 F. Supp. 2d 1262· M.D. Fla.· 2010-08-12 ·cited 4×
  The court held that the plaintiff is likely to succeed on its claims under the Lanham Act and ACPA for trademark infringement and cybersquatting due to the defendant's unauthorized use of domain names incorporating the plaintiff's VASER and VASER LIPO marks.
• Vergara Hermosilla v. the Coca-Cola Co.
  717 F. Supp. 2d 1297· S.D. Fla.· 2010-06-02 ·cited 4×
  The court held that the plaintiff demonstrated a substantial likelihood of success on the merits of his copyright infringement claim, establishing a prima facie case and refuting the defendant's defenses.
• Scherer v. Rigsby
  24 So. 3d 561· Fla. 4th DCA· 2009-07-01 ·cited 4×
  The Fourth District Court of Appeal denied defendants' petition for certiorari challenging the trial court's refusal to hear a third motion for summary judgment based on alleged noncompliance with medical malpractice presuit notice requirements under Florida Statutes section 766.
• Universal Prop. & Cas. Ins. Co. v. Porter P. Stark
  8 So. 3d 506· Fla. 2d DCA· 2009-05-22 ·cited 4×
  Universal Property and Casualty Insurance Company sought a writ of certiorari to quash a discovery order requiring production of its underwriting guidelines and procedures related to homeowner policies and credit reports from 2004-2006. The court dismissed the petition, finding U
• Queler v. The Receivership OF Cumberland Cas. & Sur. Co.
  1 So. 3d 1140· Fla. 1st DCA· 2009-01-21 ·cited 4×
  Petitioners sought a writ of certiorari to quash a trial court order that granted a receivership's motion to declare four subpoenas null and void and impose a protective order. The First District Court of Appeal granted the writ, holding that a receivership court lacks authority
• Abbey Parker v. Tia Arlene James
  997 So. 2d 1225· Fla. 2d DCA· 2008-12-31 ·cited 4×
  The Florida Second District Court of Appeal granted a petition for writ of certiorari and quashed an order compelling two of the plaintiff's treating physicians to answer expert witness interrogatories propounded by the defendant. The court held that interrogatories may not be se
• Lennar Homes, L.L.C. v. V Ventures, LLC
  988 So. 2d 660· Fla. 3d DCA· 2008-07-16 ·cited 4×
  Lennar Homes sought injunctive relief to prevent payment on a letter of credit posted to secure its performance under an option contract to purchase real property from V Ventures. The court affirmed the trial court's denial of the injunction, holding that V Ventures' certificatio
• Of the William B. Chandler III Chancellor
  2005 WL 3359113· Del. Ch.· 2006-06-19 ·cited 4×
  The court granted the defendants' motion for summary judgment, finding that Section 81 of the Bond Bill was a constitutional exercise of legislative authority that did not violate separation of powers principles or the one-subject rule. The court further held that the alleged int
• ALI Invs., Inc. v. First Am. Title Ins.
  929 So. 2d 1154· Fla. 5th DCA· 2006-06-02 ·cited 4×
  Petitioner's writ of certiorari challenging a trial court's sanction limiting witness testimony was denied because petitioner failed to demonstrate irreparable harm, which is a prerequisite to invoking district court certiorari jurisdiction.
• Tancogne v. Tomjai Enters. Corp.
  408 F. Supp. 2d 1237· S.D. Fla.· 2005-11-15 ·cited 4×
  The court granted Plaintiffs' motion for a preliminary injunction, finding a likelihood of confusion due to the similarity of the marks and products, and denied Defendant Tomjai's motion.