Irreparable Harm

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

• Ne. Women's Ctr., Inc. v. McMONAGLE
  813 F.2d 53· 3d Cir.· 1987-03-11 ·cited 2×
  The court held that the district court erred by failing to make specific factual findings required by F.R.Civ.P. 52(a) when denying a preliminary injunction.
• Anthony v. Texaco, Inc.
  803 F.2d 593· 10th Cir.· 1986-10-15 ·cited 2×
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction to freeze funds under ERISA, as it was a valid exercise of equitable jurisdiction and not subject to strict prejudgment attachment standards.
• Agee Agric. Equip. Sales v. Trail King Indus.
  800 F.2d 789· 8th Cir.· 1986-09-12 ·cited 2×
  The court remanded the case because the district court's findings were inadequate to review all issues, particularly those concerning franchise law and other claims beyond breach of contract notice provisions.
• The Deltona Corp. v. Adamczyk
  492 So. 2d 463· Fla. 5th DCA· 1986-08-07 ·cited 2×
  A Florida appellate court upheld a riparian owner's award of money damages for water-related harm caused by a land developer's drainage and pumping activities on a shared lake, and reversed the denial of injunctive relief by imposing a permanent injunction prohibiting the develop
• Bell Labs., Inc. v. Colonial Prods., Inc.
  644 F. Supp. 542· S.D. Fla.· 1986-07-03 ·cited 2×
  The court held that the plaintiff failed to demonstrate a likelihood of success on the merits for its trademark infringement and anti-dilution claims, thus denying the motion for a preliminary injunction.
• Palenzuela v. Dade Cnty.
  486 So. 2d 12· Fla. 3d DCA· 1986-03-11 ·cited 2×
  Palenzuela and Vento sought an injunction to prevent Dade County from enforcing an ordinance requiring licensed sheet metal journeymen to supervise fiberglass duct workers on residential construction projects. The court affirmed the denial of the injunction, holding that the ordi
• The Steamboaters v. Fed. Energy Regulatory
  777 F.2d 1384· 9th Cir.· 1985-12-05 ·cited 2×
  The court denied the petition for rehearing and all motions for injunctive relief, finding no basis to modify the prior decision or permit continued operation of the hydropower project.
• Olivieri v. Ward
  766 F.2d 690· 2d Cir.· 1985-06-28 ·cited 2×
  The court held that the Police Department's plan to restrict demonstrations on the sidewalk in front of St. Patrick's Cathedral during the Gay Pride March was a reasonable time, place, and manner restriction justified by public safety concerns.
• DOE v. Donovan
  747 F.2d 42· 1st Cir.· 1984-10-30 ·cited 2×
  The court held that the appellant failed to demonstrate irreparable harm sufficient to warrant federal intervention in pending state criminal proceedings, despite a colorable double jeopardy claim.
• Cogan v. Saleeby
  454 So. 2d 786· Fla. 4th DCA· 1984-08-29 ·cited 2×
  The court held that certiorari is not appropriate because the petitioners failed to demonstrate irreparable harm that cannot be remedied by a plenary appeal.
• Sisson v. United States
  736 F.2d 1275· 9th Cir.· 1984-04-06 ·cited 2×
  The court held that the district court did not err in dismissing the complaint for failure to exhaust administrative remedies within the military justice system.
• Louis v. Nelson
  570 F. Supp. 1364· S.D. Fla.· 1983-09-15 ·cited 2×
  The court held that plaintiffs failed to establish irreparable harm to justify enjoining exclusion proceedings and deportation, but granted a motion for 72 hours notice prior to deportation.
• DOW Corning Corp. v. Allibert Garner
  435 So. 2d 987· Fla. 4th DCA· 1983-08-10 ·cited 2×
  The court held that the trial court's order eliminating discovery safeguards departed from the essential requirements of law, warranting certiorari.
• Kent Ins. Co. v. Hobbs
  421 So. 2d 658· Fla. 1st DCA· 1982-10-29 ·cited 2×
  Kent Insurance Company sought a writ of certiorari to review a deputy commissioner's non-final order determining he had jurisdiction to decide an insurance coverage dispute and that coverage existed under a workers' compensation policy despite alleged breach of a cooperation clau
• Tenneco, Inc. v. Fed. Energy Regulatory Comm'n
  688 F.2d 1018· 5th Cir.· 1982-10-14 ·cited 2×
  A party is not aggrieved by an agency's procedural order to suspend adjudication for further investigation if the order does not definitively fix rights or cause irreparable harm.
• Mel Summerlin v. Lamar Advertising OF Pensacola, Inc.
  419 So. 2d 781· Fla. 1st DCA· 1982-09-23 ·cited 2×
  Summerlin appeals a preliminary injunction enforcing a non-compete covenant in his employment contract with Lamar Advertising. The court affirms the injunction, holding that Lamar adequately demonstrated irreparable harm and that an injunction is an appropriate remedy for breach
• Moore v. Curtis 1000, Inc.
  640 F.2d 920· 8th Cir.· 1981-02-25 ·cited 2×
  The court held that the district court abused its discretion in granting a preliminary injunction because the restrictive covenant was likely unenforceable under Georgia law due to an overly broad subparagraph and Georgia's rejection of the 'blue-pencil theory'.
• Goadby v. Philadelphia Elec. Co.
  639 F.2d 117· 3d Cir.· 1981-01-09 ·cited 2×
  The court held that a preliminary injunction should not have been granted because the plaintiff had an adequate remedy at law through monetary damages in the state court system.
• P Stone, Inc. v. Koppers Corp.
  631 F.2d 24· 3d Cir.· 1980-10-07 ·cited 2×
  An order denying a motion to disqualify opposing counsel is not immediately appealable under the collateral order doctrine if the alleged harms are not irreparable and can be reviewed on appeal from a final judgment.
• Tri-Plaza Corp. & Don T. Davis v. Field
  382 So. 2d 330· Fla. 4th DCA· 1980-01-23 ·cited 2×
  Tri-Plaza Corporation and Don T. Davis appealed a trial court order granting a temporary mandatory injunction that appointed a trustee to manage promissory note payments in a real estate dispute. The Fourth District Court of Appeal reversed, finding the trial court abused its dis
• WOE v. Neb. State Dep't OF Pub. Welf.
  598 F.2d 1146· 8th Cir.· 1979-05-25 ·cited 2×
  The court granted a stay of execution of a preliminary injunction pending appeal and expedited the appeal.
• NEW York Ass'n OF Homes FOR Aging v. Toia
  559 F.2d 876· 2d Cir.· 1977-07-27 ·cited 2×
  The appeals are dismissed for lack of appellate jurisdiction because the district court's orders denying class-based preliminary injunctive relief are not appealable interlocutory orders under 28 U.S.C. § 1292(a)(1).
• Bednar v. Neb. Sch. Activities Ass'n
  531 F.2d 922· 8th Cir.· 1976-03-11 ·cited 2×
  The court held that the district court did not err in granting a preliminary injunction because the student demonstrated a likelihood of irreparable harm from being excluded from cross-country competition based on her sex.
• In re King Res. Co. v. Bottger
  525 F.2d 211· 10th Cir.· 1975-11-13 ·cited 2×
  The court held that the application for review of the class certification order was premature and dismissed the appeal.
• Sink v. Rogers Morton
  529 F.2d 601· 4th Cir.· 1975-09-30 ·cited 2×
  A party must exhaust available administrative remedies before seeking judicial relief, even if claiming irreparable harm, unless no remedy exists.
• Indep. Meat Packers Ass'n v. Butz
  514 F.2d 1119· 8th Cir.· 1975-04-15 ·cited 2×
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction against new beef grading standards pending a full hearing.
• Int'l Westminster Bank Ltd. & Coutts & Co. v. Fed. Deposit Ins. Corp.
  509 F.2d 641· 9th Cir.· 1975-01-08 ·cited 2×
  The court held that the appellants' complaint failed to state a claim for equitable relief due to lack of alleged irreparable harm and inadequate legal remedy, but erred in dismissing the action without allowing an opportunity to amend.
• State v. Samscot Enters., Inc.
  297 So. 2d 69· Fla. 4th DCA· 1974-06-14 ·cited 2×
  The State of Florida sought to enjoin a movie theater from exhibiting obscene films. The trial court found the films obscene but denied permanent injunctive relief, reasoning the State failed to prove irreparable harm and the defendant's intent to continue exhibition. The appella
• Am. Brands, Inc. v. Playgirl, Inc.
  498 F.2d 947· 2d Cir.· 1974-06-03 ·cited 2×
  The court affirmed the denial of a preliminary injunction, finding the plaintiff failed to demonstrate probable success on the merits or that irreparable harm would occur without the injunction.
• Freeman & Bass, P. A. v. State OF NEW Jersey Comm'n OF Investigation
  486 F.2d 176· 3d Cir.· 1973-10-01 ·cited 2×
  The court held that the district court erred in restraining the SCI from referring by name to individuals during public hearings, as such practice does not inherently violate due process or exceed the SCI's investigatory function.
• Va. Airmotive, Ltd. v. Canair Corp.
  393 F.2d 126· 4th Cir.· 1968-03-21 ·cited 2×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiff failed to show immediate and irreparable harm.
• Triumph Metal Prods., Inc. v. Snyder
  133 So. 2d 344· Fla. 2d DCA· 1961-09-29 ·cited 2×
  An injunction restraining a law action is improper where the law court has jurisdiction of the parties and subject matter and is competent to try the issues, and no unconscionable advantage or irreparable harm is shown.
• Gen. GAS Corp. v. Nat'l Utils. OF Gainesville, Inc.
  271 F.2d 820· 5th Cir.· 1959-11-16 ·cited 2×
  The court held that the trial court abused its discretion in granting a preliminary injunction based on weak evidence of a prevailing price and irreparable harm, and that the injunction overlooked the public's interest in legal price cuts.
• Dep't of Revenue o/b/o Cassandra Brown v. Gardner
  Fla. 5th DCA· 2025-07-03 ·cited 1×
  The Department of Revenue sought to add a third child to an existing child support order against Jermaine Gardner. Gardner denied paternity and moved for genetic testing, which the trial court granted. The Fifth District Court of Appeal granted certiorari and quashed the paternit
• Gallagher v. State
  49 Fla. L. Weekly S215· Fla. 4th DCA· 2024-11-06 ·cited 1×
  A pro se defendant and attorney challenging a criminal murder prosecution sought certiorari review of a trial court's blanket denial of her right to depose prosecution witnesses. The Fourth District granted the petition, holding that the trial court's categorical prohibition depa
• Tower Hotel, LLC v. City of Miami
  395 So. 3d 196· Fla. 3d DCA· 2024-04-24 ·cited 1×
  Three property owners subject to compliance agreements demonstrated a substantial likelihood of success on equitable estoppel claims where the City's delay in issuing building permits rendered compliance functionally impossible, warranting a temporary injunction against demolitio
• Fleming v. State
  347 So. 3d 382· Fla. 5th DCA· 2024-04-12 ·cited 1×
  Robert Jerry Fleming petitioned for certiorari review challenging a trial court's finding that he was competent to stand trial for first-degree murder. The Fifth District dismissed the petition, holding that competency determinations are reviewable by direct appeal rather than ce
• Vera Saprounova Hopf, Complete Health of Tampa BAY, P.A. v. Robert Kaszuba, Polmed, P.A.
  376 So. 3d 105· Fla. 2d DCA· 2023-12-20 ·cited 1×
  This case involves a petition for a writ of certiorari, which was dismissed by the court. The specific legal issues and factual background leading to the dismissal are not detailed in the provided opinion text.
• Scott v. Scott
  375 So. 3d 331· Fla. 5th DCA· 2023-12-01 ·cited 1×
  Certiorari review is unavailable where the petitioner fails to demonstrate irreparable harm to himself, particularly when he frames his arguments around alleged harm to a non-party entity and offers only speculative concerns about future liability.
• Royal United Props., Inc. v. Derik C. Royal
  Fla. 6th DCA· 2023-09-22 ·cited 1×
  The appellate court granted a petition for writ of certiorari, quashing a trial court's order that set aside elections to purchase shares. The court found that the trial court departed from the essential requirements of law by misapplying a statute that provides a mechanism to re
• Hakim v. Hakim
  368 So. 3d 1070· Fla. 3d DCA· 2023-08-16 ·cited 1×
  A party who repeatedly and specifically places his medical and mental condition at issue by making verified representations about poor health to obtain relief waives the privilege against disclosure of medical records in certiorari review.
• Shands Teaching Hosp. & Clinics, Inc. v. Beylotte
  357 So. 3d 307· Fla. 1st DCA· 2023-03-08 ·cited 1×
  The appellate court granted Shands Teaching Hospital's petition for a writ of certiorari, quashing a lower court's order that compelled the production of a patient safety report. The court held that the report was protected under the Federal Patient Safety and Quality Improvement
• Lanigan v. Lanigan
  353 So. 3d 1188· Fla. 4th DCA· 2023-01-18 ·cited 1×
• Lexington Ins. Co. v. Mintz Truppman, P.A.
  47 Fla. L. Weekly S519· Fla. 3d DCA· 2022-10-06 ·cited 1×
  Cozen O'Connor and Lexington Insurance sought certiorari review of a trial court's denial of their motions to dismiss a state court lawsuit alleging violations of Florida's Mediation Confidentiality and Privilege Act. The Third District Court of Appeal lacked certiorari jurisdict
• Marlette v. Carullo
  Fla. 2d DCA· 2022-09-30 ·cited 1×
  Jessica Marlette seeks certiorari review of the trial court's order bifurcating legal and equitable issues in a dispute with neighbor Roxanne Carullo over easement rights to a driveway and well that encroach on Carullo's property. The court granted the petition and quashed the bi
• THE Standard Fire Ins. Co. v. Colonial Med. Ctr., Inc.
  Fla. 5th DCA· 2022-03-31 ·cited 1×
  The Standard Fire Insurance Company sought certiorari review of a trial court's denial of its motion to compel the deposition of Colonial Medical Center's billing manager. The court granted the petition, holding that the denial of discovery regarding the core disputed issue—wheth
• IMC Med. Ctrs., LLC v. Deluca
  46 Fla. L. Weekly D480· Fla. 4th DCA· 2021-08-11 ·cited 1×
  Petitioners sought a writ of certiorari to quash a trial court's order denying their motion to dismiss a pure bill of discovery complaint. The appellate court dismissed the petition for lack of jurisdiction because petitioners failed to demonstrate irreparable harm, which is a pr
• People's Tr. Ins. Co. v. Island Roofing & Restoration, LLC
  320 So. 3d 817· Fla. 2d DCA· 2021-04-07 ·cited 1×
  The appellate court dismissed an insurance company's petition for certiorari review of a lower court's order. While the lower court's decision to allow a party substitution was an error, it did not cause irreparable harm that could not be remedied on appeal, a requirement for cer
• Reliable Restoration, LLC v. Panama Commons, L.P.
  Fla. 1st DCA· 2021-04-01 ·cited 1×
  The appellate court granted a petition for a writ of certiorari, quashing a trial court's denial of a motion to stay a lawsuit. The court found that the trial court's denial constituted a departure from the essential requirements of law, causing irreparable harm, because two subs
• Miramar Marina Corp. v. Garcia
  Fla. 3d DCA· 2021-03-10 ·cited 1×
  Miramar Marina Corporation sought certiorari relief to quash a circuit court's denial of its motion for protective order against discovery of its financial records. The Property Appraiser sought the records to support a valuation of Miramar's marina using the income approach meth