Irreparable Harm

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

• In the Interest of J.S. v. Dep't of Child. & Families
  143 So. 3d 1075· Fla. 2d DCA· 2014-07-25 ·cited 2×
  The court held that a circuit court departs from the essential requirements of law when it fails to consider a child's best interest before modifying placement.
• Gunther Flaig in a representative capacity v. Sullivan
  141 So. 3d 1274· Fla. 2d DCA· 2014-07-18 ·cited 2×
  Gunther Flaig, in a representative capacity for Palmcrest Homes of Tampa Bay, LLC, filed a derivative lawsuit against multiple respondents. The trial court issued an order it labeled as 'abatement' but which the appellate court interpreted as a 'stay' of proceedings pending resol
• Richland Towers, Inc. v. Denton
  139 So. 3d 318· Fla. 2d DCA· 2014-03-12 ·cited 2×
  Richland Towers appealed the denial of a temporary injunction to enforce restrictive covenants and confidentiality provisions in employment agreements with former employees Denton and West. The court reversed, holding that the restrictive covenants were enforceable independent co
• Adorno & Yoss, LLP v. Soltero
  133 So. 3d 1124· Fla. 3d DCA· 2014-02-12 ·cited 2×
  The court dismissed a petition for writ of certiorari because petitioners failed to demonstrate that the trial court's order denying their motion for determination of plaintiffs' burden of proof in a legal malpractice case caused irreparable harm, which is a jurisdictional prereq
• Kelley v. Kelley
  123 So. 3d 692· Fla. 4th DCA· 2013-10-23 ·cited 2×
  The Florida Fourth District Court of Appeal granted a petition for writ of certiorari challenging a trial court's denial of a pro hac vice motion for a Louisiana attorney to appear in estate litigation. The court held that the trial court abused its discretion by imposing a requi
• Miami-Dade Cnty. v. Concrete Structures, Inc.
  114 So. 3d 333· Fla. 3d DCA· 2013-05-15 ·cited 2×
  Miami-Dade County appeals a temporary injunction that prohibited it from enforcing notices of violation and accessing Concrete Structures, Inc.'s property for environmental inspections. The court vacated the injunction, holding that the company failed to meet any of the four requ
• S.W. Fla. Paradise Prop., Inc. v. Segelke
  111 So. 3d 268· Fla. 2d DCA· 2013-04-17 ·cited 2×
  S.W. Florida Paradise Property sought certiorari review of a circuit court order that denied its motion for protective order and declared all future pleadings by Paradise Property would be treated as nullities based on a prior default judgment in a foreclosure action. The Second
• In the Interest of J.B. v. Dep't of Child. & Fam. Servs. & Guardian Ad Litem Program
  101 So. 3d 407· Fla. 2d DCA· 2012-11-28 ·cited 2×
  The City of Plant City appealed an order denying its motion to inspect confidential dependency court records for a child whose mother died in circumstances giving rise to a wrongful death suit against the City. The court held that the City demonstrated a proper interest in the re
• City OF Miami v. Fraternal Order OF Police
  98 So. 3d 1236· Fla. 3d DCA· 2012-10-03 ·cited 2×
  The court held that the trial court erred in granting a temporary injunction because the F.O.P. failed to establish the necessary elements, particularly irreparable harm and the unavailability of an adequate remedy at law.
• Mason v. Janssen
  113 So. 3d 41· Fla. 2d DCA· 2012-09-14 ·cited 2×
  The court held that the order denying discovery and conditioning future discovery on a modification petition departed from the essential requirements of law and caused irreparable harm, warranting certiorari relief.
• Rudge v. The City OF Stuart
  65 So. 3d 645· Fla. 4th DCA· 2011-07-27 ·cited 2×
  William Rudge appeals a trial court order modifying a temporary injunction that allowed the City of Stuart to enter his property to abate code enforcement violations and clean up a public nuisance. The Fourth District affirms the injunction, holding that the city has a clear lega
• Centennial Homeowners Ass'n, Inc. v. Dolomite Co., Inc.
  47 So. 3d 863· Fla. 3d DCA· 2010-10-13 ·cited 2×
  The appellate court granted certiorari, finding the trial court erred by denying a stay of ejectment proceedings. This denial prevented the homeowner's association from pursuing a "Betterment" claim, which compensates parties for improvements made to property they lose in an ejec
• GPS Indus., LLC v. Lewis
  691 F. Supp. 2d 1327· M.D. Fla.· 2010-03-01 ·cited 2×
  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.
• Dunkin' Donuts Franchised Rests. LLC v. KEV Enters., Inc.
  634 F. Supp. 2d 1324· M.D. Fla.· 2009-06-05 ·cited 2×
  The court held that plaintiffs have established a likelihood of success on their breach of contract claim based on defendants' financial defaults, justifying a preliminary injunction.
• Symons v. Symons
  7 So. 3d 546· Fla. 3d DCA· 2008-09-22 ·cited 2×
• C.L. v. Grady Judd
  993 So. 2d 991· Fla. 2d DCA· 2007-11-02 ·cited 2×
  The court held that the trial court erred by compelling disclosure of mental health records protected by The Baker Act and the psychotherapist-patient privilege without conducting an in camera inspection or establishing an exception to the privilege.
• Jennings v. Elections Canvassing Comm'n OF the State OF Fla.
  958 So. 2d 1083· Fla. 1st DCA· 2007-06-18 ·cited 2×
  The court denied a petition for writ of certiorari challenging a trial court's order denying discovery motions seeking disclosure of voting machine source code and proprietary technology in a close congressional election, holding that discovery denials are not ordinarily reviewab
• State v. Luis
  949 So. 2d 277· Fla. 4th DCA· 2007-02-07 ·cited 2×
• State v. Tidey
  946 So. 2d 1223· Fla. 4th DCA· 2007-01-03 ·cited 2×
  The Florida District Court of Appeal reversed a trial court's grant of a writ of prohibition that sought to disqualify all Department of Highway Safety and Motor Vehicles (DHSMV) non-lawyer hearing officers and prevent communications between hearing officers and department staff
• Wolf Creek Land Dev., Inc. v. Masterpiece Homes, Inc.
  942 So. 2d 995· Fla. 5th DCA· 2006-12-01 ·cited 2×
  Wolf Creek Land Development sought certiorari review of a trial court order granting Masterpiece Homes' motion for judgment on the pleadings, dismissing Wolf Creek's construction lien foreclosure count and dissolving its lis pendens. The court denied the petition, holding that Wo
• Kailin HU v. Haitian HU
  942 So. 2d 992· Fla. 5th DCA· 2006-12-01 ·cited 2×
  The Fifth District Court of Appeal reversed a trial court's grant of an ex parte temporary injunction in a business dispute between a father and daughter over their shared computer accessories distribution company. The court held that the plaintiff's pleadings were legally insuff
• Shelowitz, Shelowitz, Terrell & Coffey, P.A. v. Hortense Peters
  931 So. 2d 1059· Fla. 4th DCA· 2006-07-05 ·cited 2×
• Mont. Prof'l Sports, LLC v. Leisure Sports Mgmt., Inc.
  422 F. Supp. 2d 1271· M.D. Fla.· 2006-02-07 ·cited 2×
  The court held that the plaintiff demonstrated a substantial likelihood of prevailing on the merits of its trademark infringement claim, justifying a preliminary injunction.
• Florida Key Deer v. Brown
  386 F. Supp. 2d 1281· S.D. Fla.· 2005-09-12 ·cited 2×
  The court granted plaintiffs' motion for a permanent injunction, enjoining FEMA from issuing flood insurance for new development in critical habitats until compliance with the ESA and APA is demonstrated.
• Royal Marble, Inc. v. Innovative Flooring & Stonecrafters OF SWF, Inc.
  932 So. 2d 221· Fla. 2d DCA· 2005-06-15 ·cited 2×
  Royal Marble sought a writ of certiorari to review a trial court order denying its motion to increase a cash deposit securing a construction lien. The court dismissed the petition because Royal Marble failed to demonstrate irreparable harm, which is required for common law certio
• United States v. Livdahl
  356 F. Supp. 2d 1289· S.D. Fla.· 2005-01-11 ·cited 2×
  The court granted the plaintiff's motion for a preliminary injunction, finding a substantial likelihood that defendants violated the FDCA and federal fraud statutes through deceptive practices in marketing an unapproved drug.
• Cole v. City OF Deltona
  890 So. 2d 480· Fla. 5th DCA· 2004-12-30 ·cited 2×
  The trial court erred in applying a "special damages" standard to determine irreparable injury for a temporary injunction, as this standard is relevant to standing, not the irreparable harm element.
• Richardson v. Gyves
  874 So. 2d 658· Fla. 4th DCA· 2004-05-05 ·cited 2×
• State v. Budina
  879 So. 2d 16· Fla. 2d DCA· 2004-04-30 ·cited 2×
  The Florida District Court of Appeal reversed a trial court's refusal to grant the State a continuance in a criminal prosecution, holding that the trial court violated the law of the case doctrine by re-denying a continuance after the appellate court had already quashed its prior
• SKFW Mgmt. Corp. v. Dep't OF Revenue
  867 So. 2d 1232· Fla. 5th DCA· 2004-03-12 ·cited 2×
  SKFW Management Corp. and Royal Palace Hotel Associates sought a writ of prohibition or certiorari challenging the circuit court's denial of their request for a waiver of bond posting requirements under Florida's tax assessment dispute statute. The appellate court denied the peti
• Sell v. Sell
  870 So. 2d 833· Fla. 3d DCA· 2003-08-13 ·cited 2×
• CBS Broad., Inc. v. EchoStar Commc'ns Corp.
  67 U.S.P.Q. 2d (BNA) 1545· S.D. Fla.· 2003-06-10 ·cited 2×
  The court held that EchoStar infringed on Plaintiffs' copyrights by retransmitting distant network signals to "served" households, violating the Satellite Home Viewer Act (SHVA) and its amendments.
• M & E Distribs., Inc. v. Worley
  840 So. 2d 457· Fla. 4th DCA· 2003-03-26 ·cited 2×
  M & E Distributors and Mark Martone appealed a temporary injunction prohibiting them from using the name 'Worley's Wonder' to market their own cleaning product. The Fourth District Court of Appeal affirmed the injunction, finding sufficient evidence of trademark infringement and
• Superior Ins. Co. v. Lenora F. Cano
  829 So. 2d 991· Fla. 2d DCA· 2002-11-08 ·cited 2×
  The court held that a trial court must determine if a trade secret privilege is validly asserted before compelling disclosure of trade secrets during discovery.
• E.S. Thomas & Assocs., Inc. v. Powell
  827 So. 2d 396· Fla. 2d DCA· 2002-10-11 ·cited 2×
  E.S. Thomas & Associates appeals the denial of its motion for a temporary injunction to prevent an independent insurance agent from soliciting its customers and agents in violation of nonsolicitation and noncompetition covenants. The court affirms the trial court's denial, findin
• Azra Rheman Vargas v. Vargas
  816 So. 2d 238· Fla. 2d DCA· 2002-05-15 ·cited 2×
  Florida appellate court reversed a temporary injunction restraining removal of children from jurisdiction because the trial court's order and the husband's motion failed to comply with procedural requirements under Florida Rule of Civil Procedure 1.610, including lack of verifica
• City OF Gainesville v. Watson Constr. Co., Inc.
  815 So. 2d 785· Fla. 1st DCA· 2002-05-13 ·cited 2×
  The City of Gainesville appealed a trial court's grant of temporary injunctive relief against enforcement of a development permit moratorium. The appellate court affirmed the injunction on the merits but remanded for the trial court to address the bond requirement mandated by rul
• Int'l Wire Corp. v. State Farm Fire & Cas. Co.
  816 So. 2d 159· Fla. 2d DCA· 2002-05-01 ·cited 2×
• Women's Emergency Network v. Bush
  191 F. Supp. 2d 1356· S.D. Fla.· 2002-02-15 ·cited 2×
  The court denied plaintiffs' motion for a preliminary injunction because they failed to demonstrate a substantial likelihood of imminent harm or that the court had authority to enjoin the actions of the named defendants.
• Staver v. Am. Bar Ass'n
  169 F. Supp. 2d 1372· M.D. Fla.· 2001-10-24 ·cited 2×
  The court held that the plaintiffs' claims were not ripe for review and that they failed to establish irreparable harm, thus denying their motion for a preliminary injunction.
• Bulova Corp. v. Bulova Do Brasil Com. Rep. Imp. & Exp. Ltda.
  144 F. Supp. 2d 1329· S.D. Fla.· 2001-04-06 ·cited 2×
  The court held that the plaintiff demonstrated a substantial likelihood of success on the merits and irreparable harm, justifying a preliminary injunction against the defendant's use of the Bulova mark.
• In re J.A.B. and J.R.B. v. R.A.B.C.
  744 So. 2d 575· Fla. 2d DCA· 1999-11-12 ·cited 2×
  The court held that the petitioner failed to establish irreparable harm, thus the stay order did not invoke the court's certiorari jurisdiction.
• Bledsoe v. City of Jacksonville Beach
  20 F. Supp. 2d 1317· M.D. Fla.· 1998-06-25 ·cited 2×
  The court held that the City's Special Events Policy is unconstitutional because it is content-based, grants excessive discretion to the police chief, and lacks necessary procedural safeguards for speech regulation.
• Balas v. Ruzzo
  703 So. 2d 1076· Fla. 5th DCA· 1997-10-10 ·cited 2×
  The court denied a petition for writ of certiorari challenging a discovery order that compelled two women to disclose details about their sexual history and prior prostitution activities. Although Florida Statute §796.09 ordinarily protects prostitutes from such discovery when su
• Dade Cnty. v. Lowell S. Dunn and Betty S. Dunn
  693 So. 2d 1035· Fla. 3d DCA· 1997-05-14 ·cited 2×
  Dade County appeals a temporary injunction order that prevented property owners from removing asphalt from a public road but failed to require restoration of damaged pavement. The court held that the trial judge abused her discretion by not immediately ordering the defendants to
• Fla. Farm Bureau Gen. Ins. Co. v. Copertino
  693 So. 2d 642· Fla. 4th DCA· 1997-04-23 ·cited 2×
  The court held that allowing intervention in a declaratory judgment action regarding insurance coverage does not constitute irreparable harm justifying certiorari review.
• Am. Reliance Ins. Co. v. Rosemont Condo. Homeowners Ass'n, Inc.
  671 So. 2d 250· Fla. 3d DCA· 1996-04-10 ·cited 2×
  American Reliance Insurance Company seeks certiorari review of a trial court order confirming a special master's recommendation that permitted discovery of work product materials over the insurer's objections. The court granted certiorari and quashed the order, finding the trial
• Elder v. Carter
  670 So. 2d 1032· Fla. 2d DCA· 1996-03-06 ·cited 2×
  The court held that a nonfinal order determining that a prior dissolution judgment was not res judicata on paternity does not meet the criteria for certiorari review because it does not cause irreparable harm and can be appealed after a final order.
• The Ohio Cas. Ins. Co. v. Fennell
  686 So. 2d 1· Fla. 2d DCA· 1995-12-20 ·cited 2×
• Time Warner Cable v. Freedom Elecs., Inc.
  897 F. Supp. 1454· S.D. Fla.· 1995-08-11 ·cited 2×
  The court granted a preliminary injunction against defendants for violating the Communications Act by manufacturing and selling devices to illegally intercept cable television programming.