Irreparable Harm

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

• Walgreen Co. & Holiday CVS, LLC v. Rubin
  229 So. 3d 418· Fla. 3d DCA· 2017-10-04 ·cited 3×
  Pharmacies Walgreens and CVS sought writs of certiorari to overturn a trial court order denying their request to shift document production costs to plaintiff in a wrongful death medication negligence case. The Third District Court of Appeal dismissed the petitions for lack of jur
• 575 Adams, LLC v. Wells Fargo Bank, N.A.
  197 So. 3d 1235· Fla. 3d DCA· 2016-08-03 ·cited 3×
  The court held that a trial court's protective order prohibiting a defendant from deposing a plaintiff's material witness, without a finding of good cause, departs from the essential requirements of law and warrants certiorari relief.
• Mims v. Broxton
  191 So. 3d 552· Fla. 5th DCA· 2016-05-20 ·cited 3×
  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
• Miami-Dade Cnty. v. King
  176 So. 3d 373· Fla. 3d DCA· 2015-10-07 ·cited 3×
  Florida appellate court dismissed Miami-Dade County's petition for writ of certiorari challenging an order vacating an arbitration award, holding that certiorari jurisdiction is unavailable because the petitioner failed to demonstrate irreparable harm that cannot be remedied on d
• SCI Funeral Servs. OF Fla., Inc. v. Elisabeth O. Walthour and John Walthour
  165 So. 3d 861· Fla. 1st DCA· 2015-06-22 ·cited 3×
  A funeral home sought certiorari relief from a trial court order compelling disclosure of redacted portions of an expert medical report. The First District Court of Appeal held that three of four redacted paragraphs containing the expert's standard-of-care opinion were privileged
• Fla. Ins. Guar. Ass'n v. Chad Murphy & Lorraine Murphy
  162 So. 3d 1049· Fla. 2d DCA· 2015-04-10 ·cited 3×
  The court held that allowing execution on a partial summary judgment before a final appealable order is rendered constitutes a departure from the essential requirements of law, warranting certiorari.
• Fla. Off. OF Ins. Reg. v. Fla. Dep't OF Fin. Servs. for S. Fam. Ins. Co., Atl. Preferred Ins. Co., & Fla. Preferred Prop. Ins. Co. & Deloitte & Touche, LLP
  159 So. 3d 945· Fla. 1st DCA· 2015-03-12 ·cited 3×
  The Florida Office of Insurance Regulation sought a writ of certiorari to quash a trial court order compelling the Insurance Commissioner to testify at a deposition in a negligence action against an accounting firm. The court held that the Commissioner's testimony regarding hypot
• Veerasith Sinchareonkul v. Fahnemann
  2012 WL 165561· Del. Ch.· 2015-01-22 ·cited 3×
  The court denied the plaintiff's motion for an expedited hearing on a preliminary injunction, finding insufficient threat of irreparable harm. However, the court granted the motion in part by scheduling a two-day trial on the merits within 90-120 days to definitively resolve the
• Starr Indem. & Liab. Co. v. Helon S. Morris
  155 So. 3d 429· Fla. 3d DCA· 2015-01-07 ·cited 3×
  Starr Indemnity sought certiorari to compel severance of an insured's direct breach of contract claim against the insurer from a negligence suit against the insured. The court held that although Florida's non-joinder statute does not bar direct claims by omnibus insureds, the tri
• Jackson v. Columbia Pictures & Fireman's Fund
  153 So. 3d 349· Fla. 1st DCA· 2014-12-16 ·cited 3×
  In this workers' compensation case, the Florida First District Court of Appeal granted Samuel Jackson's petition for writ of certiorari, quashing an order that compelled him to submit to medical care and evaluation. The court held that workers' compensation law does not permit an
• Transp. Eng'g, Inc. v. Cruz
  152 So. 3d 37· Fla. 5th DCA· 2014-11-07 ·cited 3×
  Transportation Engineering, Inc. (TEI) appeals from an order granting summary judgment for codefendant D.A.B. Constructors, Inc. (DAB) but denying TEI's identical summary judgment motion. The court invokes certiorari jurisdiction to address the trial court's inconsistent applicat
• McCUE v. Heritage Farms Prop. Ass'n, Inc.
  141 So. 3d 672· Fla. 2d DCA· 2014-06-20 ·cited 3×
  The appellate court held that the trial court erred in granting a temporary injunction without specifying the reasons for its entry, as required by rule.
• Florida Highway Patrol v. Bejarano
  137 So. 3d 619· Fla. 1st DCA· 2014-05-12 ·cited 3×
  The appellate court held that the trial court did not abuse its discretion in granting a protective order allowing a deposition by video conference, as it did not cause irreparable harm and comported with procedural rules.
• Moore v. State
  135 So. 3d 462· Fla. 5th DCA· 2014-03-21 ·cited 3×
  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.
• Lampert-Sacher v. Sacher
  120 So. 3d 667· Fla. 1st DCA· 2013-09-12 ·cited 3×
  In this family law appeal, former wife Maxine Lampert-Sacher sought an emergency stay pending appeal of a supplemental final judgment modifying time-sharing arrangements for the parties' children. The appellate court denied the emergency motion, finding the appellant failed to de
• State Inv. Holding, Inc. v. Merrick P'ship, LLC
  103 So. 3d 232· Fla. 3d DCA· 2012-12-12 ·cited 3×
  The appellate court affirmed the trial court's denial of a temporary injunction, finding no abuse of discretion because the appellant failed to demonstrate irreparable harm.
• Charlotte Cnty. v. Grant Med. Transp., Inc.
  68 So. 3d 920· Fla. 2d DCA· 2011-08-10 ·cited 3×
  The court held that a party seeking a temporary injunction must present sufficient evidence to satisfy all four required elements, not just conclusory allegations or a verified complaint alone.
• Murison v. Coral Park Props., Inc.
  64 So. 3d 1288· Fla. 4th DCA· 2011-07-20 ·cited 3×
  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
• Bogert v. Walther
  54 So. 3d 607· Fla. 5th DCA· 2011-02-18 ·cited 3×
  In this certiorari review, the Fifth District Court of Appeal quashed a discovery order that required an 89-year-old trust beneficiary to produce her personal financial and medical records dating back ten years. The court found the order departed from the essential requirements o
• Cotton States Mut. Ins. Co. v. AFO Imaging, Inc.
  46 So. 3d 140· Fla. 2d DCA· 2010-10-22 ·cited 3×
  The court held that the petition for certiorari must be dismissed because the petitioner failed to demonstrate irreparable harm from the discovery order.
• State v. S.S.
  40 So. 3d 6· Fla. 4th DCA· 2010-06-16 ·cited 3×
  The State appealed a trial court order vacating a juvenile's no-contest plea and setting aside her judgment and sentence. The appellate court found it lacked statutory jurisdiction to hear the State's direct appeal but treated it as a petition for writ of certiorari, which it den
• Brooks v. State
  980 So. 2d 1095· Fla. 4th DCA· 2008-01-23 ·cited 3×
  Trial court properly denied counsel's motion to withdraw on the eve of trial despite client's failure to pay attorney's fees, as withdrawal at that stage would have hindered court operations and there was insufficient time for client to obtain new counsel.
• Gen. Motors Corp. v. Phat Cat Carts, Inc.
  504 F. Supp. 2d 1278· M.D. Fla.· 2007-08-10 ·cited 3×
  The court adopted the Magistrate Judge's recommendation to grant a preliminary injunction, finding a substantial likelihood of success on the merits for trademark and trade dress infringement and dilution claims.
• Verizon Bus. Network Servs., Inc. v. Fla. Dep't OF Corr. & Securus Techs., Inc.
  960 So. 2d 916· Fla. 1st DCA· 2007-07-31 ·cited 3×
  Verizon Business Network Services and related companies petitioned for interlocutory review of an administrative law judge's order denying their motion to compel production of documents. The Florida District Court of Appeal held that discovery disputes are generally not reviewabl
• Am. Civil Liberties Union v. Miami-Dade Cnty. Sch. Bd.
  439 F. Supp. 2d 1242· S.D. Fla.· 2006-07-24 ·cited 3×
  The court granted plaintiffs' motion for a preliminary injunction, enjoining defendants from removing books from school libraries pending further proceedings.
• Champaign Nat'l Bank & Tr. v. SOS Indus., Inc.
  847 So. 2d 1164· Fla. 5th DCA· 2003-06-27 ·cited 3×
  Certiorari is not available to review interlocutory orders denying motions for judgment on the pleadings, as the aggrieved party has a remedy on appeal.
• Tobkin v. Tobkin
  843 So. 2d 961· Fla. 4th DCA· 2003-04-16 ·cited 3×
  A wife sought a writ of certiorari challenging the trial court's disqualification of her chosen counsel based on the lead attorney's prior service on a Florida Bar grievance committee that had investigated the husband. The appellate court granted the petition, holding that the Ru
• Jefferies & Co., Inc. v. Int'l Assets Holding Corp.
  830 So. 2d 256· Fla. 5th DCA· 2002-11-15 ·cited 3×
  The court held that the trial court erred in denying the motion to dissolve the temporary injunction because the plaintiffs failed to establish the likelihood of irreparable injury and the lack of an adequate remedy at law.
• State v. Andreas Scheuschner
  829 So. 2d 943· Fla. 1st DCA· 2002-10-30 ·cited 3×
  Florida appellate court reversed a trial court's order excluding the state's key witness based on credibility determinations, holding that witness credibility is exclusively a jury function and cannot be decided by the trial judge pretrial.
• Mony Sec. Corp. v. Vasquez
  238 F. Supp. 2d 1304· M.D. Fla.· 2002-08-13 ·cited 3×
  The court held that a preliminary injunction should be granted because the defendants were not customers of the plaintiff under NASD rules, thus no agreement to arbitrate existed. Compelling arbitration without an agreement constitutes irreparable harm.
• Norwest Mortg., Inc. v. King
  789 So. 2d 1139· Fla. 4th DCA· 2001-06-27 ·cited 3×
  The court held that the trial court erred in requiring the mortgagee to issue a satisfaction of mortgage before receiving full payment of the disputed amount, as this constituted a departure from the essential requirements of law.
• Morris Commc'ns Corp. v. PGA Tour, Inc.
  117 F. Supp. 2d 1322· M.D. Fla.· 2000-10-23 ·cited 3×
  The court held that the plaintiff failed to demonstrate a substantial likelihood of success on the merits or irreparable harm, thus denying the motion for a preliminary injunction.
• The Glades Owners Ass'n, Inc. v. Harry R. Prentiss and wife
  768 So. 2d 1245· Fla. 1st DCA· 2000-10-12 ·cited 3×
  The court affirmed the denial of a temporary injunction sought by a homeowners association to prevent homeowners from using lap siding, finding the association failed to demonstrate irreparable harm or lack of adequate legal remedy.
• Loggerhead Turtle v. Cnty. Council of Volusia Cnty.
  92 F. Supp. 2d 1296· M.D. Fla.· 2000-03-24 ·cited 3×
  The court held that Volusia County's current artificial beachfront lighting ordinance does not violate the Endangered Species Act, and therefore, the county is entitled to summary judgment on claims related to lighting.
• ST. Lucie Cnty. Radiation Oncology, Ltd. v. Ronald H. Woody, M.D.
  766 So. 2d 301· Fla. 4th DCA· 2000-03-01 ·cited 3×
  St. Lucie County Radiation Oncology appealed the trial court's order granting a preliminary injunction in favor of three physicians and their professional corporation, permitting them continued use of appellant's radiation treatment facility. The appellate court affirmed, holding
• Pescod v. Wells Rd. Veterinary Med. Ctr., Inc.
  748 So. 2d 1095· Fla. 1st DCA· 2000-01-19 ·cited 3×
  Appellants sought to conduct demonstrations outside a veterinary center to gather discovery evidence for their battery lawsuit defense, but the trial court issued a protective order prohibiting demonstrations within 300 yards of the facility. The appellate court dismissed the app
• Berton Schneider v. Schneider
  732 So. 2d 1147· Fla. 4th DCA· 1999-04-07 ·cited 3×
  The court held that denial of a party's right to self-representation in a civil case, while prejudicial, does not constitute irreparable harm that cannot be remedied by final appeal, and thus is not reviewable by common law certiorari.
• CBS Broad. Inc. v. Primetime 24 Joint Venture
  48 F. Supp. 2d 1342· S.D. Fla.· 1998-12-23 ·cited 3×
  PrimeTime failed to meet its burden of proving its subscribers qualify as 'unserved households' under the Satellite Home Viewers Act, as its methods for determining eligibility were insufficient and its evidence unreliable.
• Palma Plaza Owners' Ass'n, Inc. v. Cummings & Lockwood
  706 So. 2d 1376· Fla. 4th DCA· 1998-02-25 ·cited 3×
• Francine S. Schiller v. Miller
  621 So. 2d 481· Fla. 4th DCA· 1993-05-26 ·cited 3×
  This case involves an appeal of a temporary restraining order enjoining the appellant from disposing of four pieces of jewelry and limiting the appellee's bond. The appellate court affirmed the order, finding the jewelry to be unique and the appellee to have no adequate remedy at
• Tools v. Int'l Tool Supply
  984 F.2d 113· 4th Cir.· 1993-01-14 ·cited 3×
  The court held that the district court correctly determined that the dispute over the duration of the option agreement was for the court, not an arbitrator, to decide, and that it did not abuse its discretion in denying interim injunctive relief.
• Nat'l Treas. Emps. Union v. King
  961 F.2d 240· D.C. Cir.· 1992-04-28 ·cited 3×
  The court held that while exhaustion of administrative remedies is generally required, the union's potential irreparable harm due to the timing of its organizing campaign and the FLRA proceeding warrants holding the complaint in abeyance rather than dismissing it.
• Borey v. Nat'l Union Fire Ins. Co. OF Pittsburgh
  934 F.2d 30· 2d Cir.· 1991-05-29 ·cited 3×
  The court held that the preliminary injunction was improvidently granted because the surety failed to establish irreparable harm solely from the loss of its quia timet and exoneration rights.
• Seniors Civil Liberties Ass'n, Inc. v. Kemp
  761 F. Supp. 1528· M.D. Fla.· 1991-04-01 ·cited 3×
  The court held that the plaintiffs had standing to bring their action for declaratory relief and denied the defendant's motion to strike portions of the plaintiffs' memorandum.
• James W. McCANN, Jr., M.D. v. Foisy
  552 So. 2d 341· Fla. 4th DCA· 1989-11-22 ·cited 3×
  Dr. McCann sought to quash a discovery order requiring him to disclose names and contact information of other patients who had similar conditions or filed malpractice claims. The appellate court held that compelling discovery of third-party patient information in medical malpract
• Redner v. City of Tampa
  723 F. Supp. 1448· M.D. Fla.· 1989-07-07 ·cited 3×
  The court held that abstention was appropriate, recommending dismissal or a stay of the federal action pending the outcome of parallel state court proceedings.
• Nassau Boulevard Shell Serv. Station, Inc. v. Shell OIL Co.
  875 F.2d 359· 2d Cir.· 1989-04-18 ·cited 3×
  The court held that Shell's notice of termination was timely under the PMPA because the 120-day clock began when Shell acquired actual knowledge of the grounds for termination, not merely upon hearing an allegation. The court also affirmed the denial of the franchisee's prelimina
• Am. Cyanamid Co. v. Campagna PER LE Farmacie IN Italia S.P.A. & Cosprophar, Inc.
  847 F.2d 53· 2d Cir.· 1988-05-18 ·cited 3×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction because the plaintiff demonstrated irreparable harm and a likelihood of success on the merits due to a serious question of likelihood of confusion.
• Republic of Panama v. Citizens & S. Int'l Bank
  682 F. Supp. 1544· S.D. Fla.· 1988-03-22 ·cited 3×
  The court denied motions to intervene by Banco Nacional de Panama and the Palma government, and granted a preliminary injunction against the transfer of funds held by Panamanian government entities, based on the political question doctrine and 12 U.S.C. § 632.
• Drexel Burnham Lambert, Inc. v. Warner
  665 F. Supp. 1549· S.D. Fla.· 1987-07-31 ·cited 3×
  The court held that the defendant did not waive its right to arbitration by filing a prior state court action, and thus denied the motion for summary judgment and preliminary injunction.