Irreparable Harm

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

• In re Assignment for the Benefit of Creditors of Miami Perfume Junction, Inc. v. Osborne
  314 So. 3d 604· Fla. 3d DCA· 2020-12-23 ·cited 1×
  A petition for writ of certiorari must fail when it raises an issue of first impression without a clearly established principle of law, even if the trial court's order may constitute legal error.
• People's Tr. Ins. Co. v. Gonzalez
  307 So. 3d 936· Fla. 3d DCA· 2020-11-04 ·cited 1×
  A non-final order requiring a party to pay interim funds while leaving intertwined factual matters unresolved is not appealable as a final order but is reviewable by petition for writ of certiorari.
• Castillo Grand Residences Condo. Assoc. Inc. v. Stern
  304 So. 3d 23· Fla. 4th DCA· 2020-10-21 ·cited 1×
  The appellate court reversed a temporary injunction, finding it legally deficient because it failed to specify the factual reasons for its issuance, describe the required actions in detail, and mandate a bond. The court remanded the case for further proceedings to ensure complian
• Howell v. Orange Lake Country Club, Inc.
  303 So. 3d 1009· Fla. 5th DCA· 2020-10-01 ·cited 1×
  The trial court was required to conduct an evidentiary hearing before granting a temporary injunction, even after striking the appellants' pleadings.
• Shay Lugassy v. Yuval Lugassy
  298 So. 3d 657· Fla. 4th DCA· 2020-06-17 ·cited 1×
  A court cannot compel a shareholder to sign contracts or personal guaranties against his will, as doing so violates the fundamental right to freedom of contract.
• Dungan v. Mem'l Health Sys., Inc.
  45 Fla. L. Weekly D829· Fla. 5th DCA· 2020-06-11 ·cited 1×
  A medical negligence plaintiff's estate representative sought certiorari review of a trial court order allowing the defendant physician to file an errata sheet substantially changing his deposition testimony. The appellate court dismissed the petition, finding the petitioner fail
• M.L. v. Dep't of Child. & Families
  282 So. 3d 1022· Fla. 3d DCA· 2019-11-13 ·cited 1×
• ST. Brendan High Sch., Inc. v. Magali Neff
  275 So. 3d 220· Fla. 3d DCA· 2019-06-26 ·cited 1×
  A temporary injunction compelling readmission to a private school must be supported by clear, definite, and unequivocally sufficient factual findings addressing all four elements of the test: substantial likelihood of success on the merits, lack of adequate remedy at law, irrepar
• Steven K. Schwartz, P.A. v. Banks
  273 So. 3d 241· Fla. 3d DCA· 2019-05-22 ·cited 1×
  Attorney Steven K. Schwartz seeks relief from the trial court's failure to adjudicate his motion to withdraw as counsel for a guardianship respondent. The trial court cancelled the hearing on the withdrawal motion without entering any order. The appellate court grants Schwartz's
• La-Casse v. State
  271 So. 3d 67· Fla. 3d DCA· 2019-02-06 ·cited 1×
  Luis La-Casse petitioned for a writ of certiorari challenging trial court orders precluding him from filing pro se pleadings without a Florida Bar member's certificate of merit. This case marks the third appellate review of essentially the same orders following two prior reversal
• Progressive Select Ins. Co. v. Bigney
  264 So. 3d 222· Fla. 5th DCA· 2018-12-21 ·cited 1×
  Claims for civil conspiracy and aiding and abetting breach of fiduciary duty are not independent of an insurance contract when they are explicitly based on fiduciary duties, legal obligations, and benefits established in the contract, and therefore are barred by the nonjoinder st
• Maldonado v. Buchsbaum
  259 So. 3d 302· Fla. 4th DCA· 2018-11-21 ·cited 1×
  A temporary injunction without notice must strictly comply with Florida Rule of Civil Procedure 1.610, including endorsement of the date and hour of entry and imposition of a bond, or it is defective and must be remanded for correction.
• Data Payment Sys. v. Caso
  253 So. 3d 53· Fla. 3d DCA· 2018-08-01 ·cited 1×
  A trial court seeking to deny a temporary injunction for violation of a non-compete agreement must apply the statutory presumption of irreparable injury under Florida Statute § 542.335(1)(j), and the availability of other causes of action seeking monetary damages does not ipso fa
• Elkins v. Elkins
  252 So. 3d 254· Fla. 4th DCA· 2018-07-18 ·cited 1×
  A trial court abuses its discretion by compelling premature financial discovery before determining the meaning of an ambiguous marital settlement agreement and establishing the relevance of the requested information to the disputed obligation.
• Fla. Dep't of Health Celeste Philip, M.D. v. People United for Medical Marijuana Florida for Care
  250 So. 3d 825· Fla. 1st DCA· 2018-07-03 ·cited 1×
  The State appealed a circuit court order declaring a Florida statute prohibiting smokable medical marijuana unconstitutional under the Medical Marijuana Amendment. The circuit court vacated the automatic stay that arose upon the State's appeal, but the appellate court quashed tha
• Niagara Indus., Inc. v. Giaquinto Elec. LLC
  238 So. 3d 840· Fla. 4th DCA· 2018-02-28 ·cited 1×
  A party seeking to overcome the trade-secret privilege must present evidence establishing that disclosure is reasonably necessary; the mere destruction of a product or the existence of a prior related lawsuit is insufficient without evidence supporting why the privileged informat
• DNJS Holdings, LLC v. PET Doctors Operating LLC
  224 So. 3d 888· Fla. 1st DCA· 2017-08-21 ·cited 1×
  Petitioners sought certiorari to quash a trial court's protective order that denied them discovery regarding a 2015 sale of companies, which they alleged was fraudulent under the Florida Uniform Fraudulent Transfers Act. The court granted the petition, finding that discovery abou
• Int'l Special Events & Rec. Ass'n, Inc. v. Bellina
  219 So. 3d 138· Fla. 5th DCA· 2017-04-28 ·cited 1×
  The Florida Fifth District Court of Appeal granted a writ of certiorari to quash a trial court order denying insurers' motions to dismiss a declaratory judgment action filed by a third-party claimant. The court held that the nonjoinder statute (section 627.4136) applies to surplu
• Hartford Fire Ins. Co. v. Loran Leroy Smith
  203 So. 3d 1013· Fla. 4th DCA· 2016-11-09 ·cited 1×
  Hartford Fire Insurance Company appeals a trial court's denial of its motions to bifurcate/sever counts, dismiss for improper joinder, and transfer venue in a bad faith and legal malpractice case filed by an insured driver. The court dismissed the appeal regarding bifurcation for
• C.O. v. State
  203 So. 3d 200· Fla. 5th DCA· 2016-11-04 ·cited 1×
  The court held that a child is entitled to certiorari relief when placed in residential mental health treatment without sufficient evidentiary support.
• Fla. Dep't OF Revenue v. Spraggs
  213 So. 3d 959· Fla. 1st DCA· 2015-10-15 ·cited 1×
  The Florida Department of Revenue sought certiorari review of a circuit court order requiring paternity testing in a child support modification proceeding. The court held that paternity testing cannot be ordered as discovery unless paternity is placed 'in controversy' and good ca
• BAY Area Injury Rehab Specialists Holdings, Inc. v. United Servs. Auto. Ass'n
  173 So. 3d 1004· Fla. 2d DCA· 2015-06-10 ·cited 1×
  Bay Area Injury Rehab Specialists Holdings, Inc. (BAIRS), a health care provider and assignee of patients who opted out of a prior class action settlement against USAA insurance companies, sought class certification to pursue claims for unpaid personal injury protection (PIP) ben
• Jackson v. Columbia Pictures & Fireman's Fund
  153 So. 3d 347· Fla. 1st DCA· 2014-12-16 ·cited 1×
  The court held that the Judge of Compensation Claims (JCC) departed from the essential requirements of law by compelling an independent medical examination (IME) beyond the scope of the pending issue.
• Sweetapple, Broeker & Varkas, P.L. v. Simmons
  151 So. 3d 42· Fla. 3d DCA· 2014-10-29 ·cited 1×
  The court held that trust account wire receipts are not protected by the attorney-client privilege because the information is not privileged in the hands of the client. Therefore, the firm failed to demonstrate irreparable harm necessary for certiorari jurisdiction.
• State v. Cedrick White
  152 So. 3d 633· Fla. 4th DCA· 2014-10-08 ·cited 1×
  The court held that a judge's refusal to rule on a pre-trial motion and sua sponte release of a defendant, along with a stated policy against hearing such motions pre-trial, warrant disqualification.
• Hurley v. State
  112 So. 3d 114· Fla. 1st DCA· 2013-04-16 ·cited 1×
  Tina Jinnette Hurley sought certiorari review of a county court order permitting a peer-reviewing FDLE analyst to testify at her DUI trial in place of the original analyst. The appellate court dismissed her petition, holding that she failed to demonstrate irreparable harm that co
• Bollea v. Gawker Media, LLC
  462 F. Supp. 2d 561· M.D. Fla.· 2012-12-21 ·cited 1×
  The court held that the plaintiff failed to establish a likelihood of success on the merits of his copyright infringement claim or that he would suffer irreparable harm, thus denying his motion for a preliminary injunction.
• S.M. v. R.M.
  82 So. 3d 163· Fla. 4th DCA· 2012-03-07 ·cited 1×
  The mother appeals a circuit court's sua sponte shelter order placing her child in the father's custody, arguing the court denied her opportunity to be heard in violation of due process. The Fourth District Court of Appeal granted the petition for writ of certiorari and remanded
• Lebron v. Wilkins
  820 F. Supp. 2d 1273· M.D. Fla.· 2011-10-24 ·cited 1×
  The court held that requiring TANF applicants to submit to suspicionless drug testing constitutes a search under the Fourth Amendment, and the plaintiff has a substantial likelihood of succeeding on his constitutional challenge.
• Wal-Mart Stores, Inc. v. Nicolette Strachan
  82 So. 3d 1052· Fla. 4th DCA· 2011-10-12 ·cited 1×
  The appellate court held that a writ of certiorari should be dismissed because the petitioner failed to demonstrate irreparable harm that could not be remedied on appeal.
• Yost v. Fiallos
  64 So. 3d 699· Fla. 3d DCA· 2011-04-27 ·cited 1×
  The trial court lacked jurisdiction to grant a motion for rehearing and vacate a prior order enforcing settlement after a notice of appeal was filed.
• Intelsat Corp. v. Multivision TV LLC
  736 F. Supp. 2d 1334· S.D. Fla.· 2010-08-24 ·cited 1×
  The court denied the motion for a preliminary injunction against all defendants, finding that the plaintiffs failed to demonstrate a likelihood of irreparable injury, particularly regarding the actual and imminent nature of the harm.
• Herman v. J.P. Morgan Sec., Inc.
  35 So. 3d 188· Fla. 4th DCA· 2010-06-09 ·cited 1×
  The court quashed a trial court's blanket denial of discovery requests, finding it departed from essential requirements of law and caused material irreparable harm, and remanded for item-by-item reconsideration of the discovery requests.
• Gaffigan v. Does 1-10
  689 F. Supp. 2d 1332· S.D. Fla.· 2010-01-08 ·cited 1×
  Tiffany and its counsel Gaffigan sued unknown defendants operating counterfeit jewelry websites under multiple domain names incorporating Tiffany's trademarks. The court granted a preliminary injunction finding substantial likelihood of success on claims for trademark infringemen
• Star-Brite Distrib., Inc. v. Kop-Coat, Inc.
  664 F. Supp. 2d 1246· S.D. Fla.· 2009-10-22 ·cited 1×
  The court granted a preliminary injunction against defendant's comparative advertising because the ads were misleading, even if not literally false, and likely to deceive consumers.
• State v. Martinez
  4 So. 3d 712· Fla. 4th DCA· 2009-02-24 ·cited 1×
  The State petitioned for certiorari review of an order disqualifying the State Attorney's Office after prosecutors violated the defendant's attorney-client privilege by listening to recorded jail calls between the defendant and his counsel discussing trial strategy. The Florida a
• Archbishop John Favalora v. Sidaway
  996 So. 2d 895· Fla. 4th DCA· 2008-11-19 ·cited 1×
  Archbishop Favalora sought certiorari review of a discovery order requiring disclosure of names and addresses of alleged sexual abuse victims and perpetrators in connection with a fraud claim arising from a prior settlement. The court granted the petition in part, quashing the po
• 800 Adept, Inc. v. Murex Sec., Ltd.
  505 F. Supp. 2d 1327· M.D. Fla.· 2007-04-12 ·cited 1×
  The court granted a permanent injunction against further patent infringement but denied prejudgment interest on state law claims due to an unclear damages calculation and on patent claims due to undue delay. Enhanced damages were awarded due to willful infringement.
• Diaz v. Cobb
  435 F. Supp. 2d 1206· S.D. Fla.· 2006-06-20 ·cited 1×
  The court held that claims under the VRA and NVRA regarding voter registration form requirements fail to state a claim, and constitutional claims are dismissed for vagueness, requiring a more definite statement.
• Edmonds v. Levine
  417 F. Supp. 2d 1323· S.D. Fla.· 2006-02-14 ·cited 1×
  The court held that the Florida Agency for Health Care Administration (AHCA) violated the Medicaid Act by denying coverage for off-label uses of Neurontin that were supported by citations in congressionally-approved drug compendia.
• Duckworth v. State
  923 So. 2d 530· Fla. 4th DCA· 2006-02-08 ·cited 1×
  Roy Duckworth petitioned for certiorari review to quash a trial court order requiring the Florida Department of Highway Safety and Motor Vehicles to release his medical records to the state during a criminal investigation. The Fourth District Court of Appeal granted the petition
• Tampa Sports Auth. & Henry G. Saavedra v. Johnston
  914 So. 2d 1076· Fla. 2d DCA· 2005-11-30 ·cited 1×
  The Tampa Sports Authority appealed a preliminary injunction barring suspicionless patdown searches of stadium attendees at Tampa Bay Buccaneers games. The appellate court vacated the automatic stay of the injunction, allowing it to remain in effect during the appeal, based on a
• Leatherback Sea Turtle v. Flagler Cnty. Bd. of Cnty. Comm'rs
  359 F. Supp. 2d 1209· M.D. Fla.· 2004-09-24 ·cited 1×
  The court held that the plaintiffs failed to provide sufficient evidence that daytime beach driving is reasonably likely to result in a taking of protected sea turtles, especially considering the environmental impact of recent hurricanes.
• Logitech Cargo v. JW Perry, Inc.
  817 So. 2d 1033· Fla. 3d DCA· 2002-06-05 ·cited 1×
  Logitech Cargo seeks certiorari to quash a protective order requiring it to travel to Wisconsin to depose the corporate representatives of the plaintiffs. The court grants the petition, holding that a defendant not seeking affirmative relief cannot be required to travel to the fo
• Knod v. Moore
  805 So. 2d 50· Fla. 4th DCA· 2001-12-19 ·cited 1×
  A petitioner challenged a trial court's denial of his request for indigent status in a civil case. The Fourth District Court of Appeal affirmed the denial, holding that the petitioner failed to comply with statutory requirements because his affidavit was not notarized.
• Café Erotica / We Dare to Bare / Adult Toys / Great Food / Exit 94, Inc. v. St. Johns Cnty.
  143 F. Supp. 2d 1331· M.D. Fla.· 2001-04-13 ·cited 1×
  The court held that the St. Johns County Sign Ordinance's permitting provisions likely constitute an unconstitutional prior restraint on free speech due to the lack of specified time limits for decision-making and consequences for delay.
• Vinson v. Humana, Inc.
  975 F. Supp. 2d 430· M.D. Fla.· 1999-11-22 ·cited 1×
  The court held that the psychotherapist-patient privilege under federal common law does not protect the identity of the patient or facts showing the occurrence of psychotherapy, only the substance of confidential communications.
• Fla. Marine Fisheries Comm'n (Division OF LAW Enforcement) & The State of Fla. Dep't of Env't Prot. v. Pringle
  736 So. 2d 17· Fla. 1st DCA· 1999-04-06 ·cited 1×
  The Florida Marine Fisheries Commission and Department of Environmental Protection appealed a circuit court judgment that declared certain net fishing restrictions unconstitutional. The appellate court reversed, holding that the respondents failed to exhaust available administrat
• Campos v. Immigr. & Naturalization Serv.
  70 F. Supp. 2d 1296· S.D. Fla.· 1998-10-16 ·cited 1×
  The court held that plaintiffs have demonstrated a substantial likelihood of success on the merits regarding the INS's alleged systematic failure to follow its own regulations for evaluating medical waivers, thus warranting a preliminary injunction.
• White's Place, Inc. v. Glover
  975 F. Supp. 1333· M.D. Fla.· 1997-08-27 ·cited 1×
  White's Place, Inc., operator of an adult entertainment establishment called The Gold Club, sought a preliminary injunction against the City of Jacksonville and Sheriff Glover to prevent enforcement of the Jacksonville Adult Entertainment and Services Code, alleging the ordinance