Irreparable Harm

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

• Pleasant Hill Homeowners Ass'n, Inc. v. Valerie
  Del. Ch.· 2024-09-11
  The Court of Chancery found in favor of the Pleasant Hill Homeowners Association, Inc., recommending that injunctive relief be issued to remedy the homeowners' noncompliance with deed restrictions. The court held that the deed restriction regarding fence height was enforceable as
• Socket Solutions, LLC v. Imp. Global, LLC
  S.D. Fla.· 2024-09-09
  The court recommended granting Plaintiff's motion for preliminary injunction, finding a likelihood of success on the merits regarding patent infringement and validity.
• Smith v. Fla. Agric. & Mech. Univ. Bd. of Trs.
  N.D. Fla.· 2024-08-30
  The court held that the plaintiff failed to establish a substantial threat of irreparable injury, which is a prerequisite for preliminary injunctive relief.
• Smith v. Fla. Agric. & Mech. Univ. Bd. of Trs.
  M.D. Fla.· 2024-08-30
  The court held that a plaintiff must establish a substantial threat of irreparable injury to obtain a preliminary injunction, and that economic harm and reputational damage from termination are not considered irreparable.
• Inseco, Inc. v. The Paver Sealer Store, LLC
  M.D. Fla.· 2024-08-27
  The court held that the defendants' default admitted well-pleaded allegations of trademark infringement, false designation of origin, and unfair competition, warranting default judgment and a permanent injunction.
• Props. of the Villages, Inc. v. Fed. Trade Comm'n
  M.D. Fla.· 2024-08-15
  The court granted the plaintiff's motion for a preliminary injunction and stay, enjoining the FTC from enforcing its non-compete clause rule against the plaintiff.
• Tiffany (NJ) LLC v. The Individuals
  S.D. Fla.· 2024-08-07
  The court recommended granting the plaintiff's motion for a preliminary injunction, finding a substantial likelihood of success on the merits, irreparable harm, a favorable balance of harms, and that the injunction serves the public interest.
• No. 354
  Del.· 2024-08-01
  The Delaware Supreme Court affirmed the dismissal of the appellants' claims, holding that the Court of Chancery correctly dismissed the action for lack of subject matter jurisdiction due to the absence of a reasonable apprehension of future harm. The Superior Court also correctly
• Gonzalez v. Dabbah
  Fla. 3d DCA· 2024-07-31
  This is a per curiam dismissal without prejudice in a certiorari petition. The court applied established standards for granting writs of certiorari, requiring a departure from essential legal requirements resulting in material, irreparable injury that cannot be corrected on postj
• CVS Pharmacy, Inc. v. Labuhn
  M.D. Fla.· 2024-07-22
  The court held that the plaintiff failed to establish entitlement to a preliminary injunction because the alleged harm was speculative and the balance of hardships did not favor the plaintiff.
• Abdul v. Inch
  N.D. Fla.· 2024-07-16
  The court denied the plaintiff's motion for a temporary restraining order and preliminary injunction because the plaintiff failed to explain the significant delay in seeking emergency relief.
• Ashton v. Parker House Props., Inc.
  M.D. Fla.· 2024-06-21
  The court denied the plaintiff's motion for a temporary restraining order and preliminary injunction because the plaintiff failed to meet the required legal standards for such relief.
• Phildius v. The Individuals
  M.D. Fla.· 2024-05-30
  The court granted the plaintiff's motion for a preliminary injunction, enjoining defendants from infringing on her copyrighted works.
• Celcor Tr. LLC v. Shoma Homes at Keys Cove Condo. Ass'n, Inc.
  Fla. 3d DCA· 2024-05-29
  Celcor Trust LLC appealed the trial court's denial of a mandatory injunction to compel the Shoma Homes at Keys Cove Condominium Association to repair water, mold, and termite damage to a condominium unit's drywall and flooring. The trial court found that an injunction was inappro
• Copon v. Ho
  M.D. Fla.· 2024-05-20
  The court denied the plaintiffs' motion for a preliminary injunction because they failed to establish a substantial likelihood of success on the merits and irreparable harm.
• Fokiss, Inc. v. TLM Global, LLC
  S.D. Fla.· 2024-05-01
  The court adopted the Magistrate Judge's Report and Recommendation, denying the defendants' motion to determine no irreparable harm before a preliminary injunction hearing.
• Hamilton v. Citizens Prop. Ins. Corp.
  Fla. 3d DCA· 2024-05-01
  The Third District Court of Appeal granted certiorari review and quashed a protective order that allowed Citizens Property Insurance to designate portions of its claims file as privileged even when a corporate representative relied upon those materials during deposition testimony
• Fokiss, Inc. v. TLM Global, LLC
  S.D. Fla.· 2024-04-29
  The court recommended denying the defendants' motion to determine no irreparable harm without an evidentiary hearing.
• Fla. Growers Ass'n, Inc. v. Su
  M.D. Fla.· 2024-03-29
  The court adopted the Magistrate Judge's Report and Recommendation, denying Plaintiffs' motion for a preliminary injunction and granting Defendants' motion to dismiss Count IV (RFA claim) with leave to replead.
• Dominguez v. Juan Javier Omana, M.D.
  Fla. 6th DCA· 2024-03-15
  A trial court must either limit the scope of medical record subpoenas or conduct an in-camera inspection when the subpoenas are overbroad and cast too wide a net, even when a patient has waived privacy rights in relevant records by putting her physical condition at issue.
• Sona v. Found. Servs. of Cent. Fla., Inc.
  Fla. 5th DCA· 2024-03-15
  The appellate court affirmed the trial court's summary judgments in favor of three defendants in a negligence action. However, the court dismissed the appeal of an order denying the plaintiff's motion to amend her complaint, finding a lack of appellate jurisdiction for that issue
• Dominguez v. Juan Javier Omana, M.D.
  Fla. 6th DCA· 2024-03-15
  The appellate court granted a petition for writ of certiorari, quashing a trial court's order that allowed broad discovery of a plaintiff's medical records. The court held that the trial court erred by not limiting the scope of the subpoenas or conducting an in-camera inspection
• Sona v. Found. Servs. of Cent. Fla., Inc.
  Fla. 5th DCA· 2024-03-15
  Final summary judgments in favor of Foundation Services, Stone Creek Community Association, and Pulte Home Company are affirmed. The appeal challenging the denial of leave to amend the complaint to add a new defendant is dismissed for lack of jurisdiction because the appellant ha
• Cottondale Invs. of Fla. II, LLC v. W - ACQ. Vacation Rentals N. Am., LLC
  Fla. 1st DCA· 2024-03-13
  Certiorari jurisdiction does not exist where a trial court's order dismissing a damages claim in a counterclaim permits amendment and leaves available full post-judgment appellate review, as no irreparable harm has been demonstrated.
• Guardian AD Litem Statewide v. Dep't of Child. & Families
  Fla. 6th DCA· 2024-03-08
  The appellate court dismissed a petition for writ of certiorari filed by the Guardian Ad Litem (GAL) office. The court found that the GAL, having been previously discharged from the case, lacked the authority to file motions on behalf of the child and therefore could not demonstr
• Smith v. Fla. Agric. & Mech. Univ. Bd. of Trs.
  M.D. Fla.· 2024-03-08
  A temporary restraining order is denied because the plaintiff failed to clearly establish irreparable harm and that the order would not disserve the public interest.
• Guardian AD Litem Statewide v. Dep't of Child. & Families
  Fla. 6th DCA· 2024-03-08
  A guardian ad litem that has been discharged from a dependency case lacks the authority to seek relief on the child's behalf and therefore cannot establish the irreparable harm required for certiorari jurisdiction. The court dismissed the petition without prejudice to the permane
• Sutton v. Wilmington Tr.
  Fla. 3d DCA· 2024-03-06
• CreeLED, Inc. v. The Individuals
  S.D. Fla.· 2024-02-29
  The court granted the plaintiff's motion for a preliminary injunction, restraining defendants from infringing on the plaintiff's trademarks and ordering the restraint of financial accounts used in the infringement.
• Dept of Children and Families v. J. B.
  Fla. 2d DCA· 2024-02-28
  The appellate court reviewed an order allowing a maternal great aunt to intervene as a party in dependency proceedings. The court found that Florida statutes and rules governing dependency proceedings strictly define who qualifies as a "party" and that the great aunt, not fitting
• Adidas Ag v. The Individuals
  S.D. Fla.· 2024-02-27
  The court granted plaintiffs' motion for default judgment, finding sufficient basis in the pleadings and evidence for trademark infringement, counterfeiting, false designation of origin, and unfair competition claims.
• Tallahassee Bail Fund v. Marshall
  N.D. Fla.· 2024-02-20
  The Tallahassee Bail Fund challenged a Florida statute that authorizes court clerks to automatically withhold cash bail posted by third parties to satisfy defendants' unpaid legal financial obligations, arguing this violates the Eighth Amendment's prohibition on excessive bail. T
• Dep't of Child. & Families v. Kirshner
  Fla. 5th DCA· 2024-02-02
  The Department of Children and Families (DCF) petitioned for a writ of certiorari to quash an order involuntarily committing Deborah Kirshner to its care. The appellate court granted the petition, finding the trial court's order lacked competent substantial evidence and departed
• Malletier v. The Individuals
  S.D. Fla.· 2024-01-22
  The court recommended granting a preliminary injunction against defendants for trademark counterfeiting and infringement, finding a strong likelihood of success on the merits and irreparable harm.
• African People's Educ. & Def. Fund, Inc. v. Pinellas Cnty.
  M.D. Fla.· 2024-01-18
  The court held that the plaintiff failed to establish irreparable harm and other prerequisites for a preliminary injunction, thus denying the motion.
• Marko Dejanovic v. Block
  388 So. 3d 907· Fla. 3d DCA· 2024-01-10
  A partial final judgment authorizing immediate execution must be quashed when the resolved claims and pending claims rely on the same operative facts and are intertwined, as execution would cause irreparable harm and constitute a departure from the essential requirements of law.
• Castellano v. Halpern
  Fla. 2d DCA· 2023-12-29
  The appellate court quashed a trial court's order that had sustained a doctor's objections to discovery requests in a lawsuit for intentional interference and defamation. The court found that the discovery sought was not protected by statutory privilege, as the lawsuit did not ar
• Blum v. "1"
  N.D. Fla.· 2023-12-23
  The court held that the plaintiff demonstrated a substantial likelihood of success on the merits, irreparable harm, a favorable balance of hardships, and that the injunction serves the public interest, thus warranting conversion of a temporary restraining order to a preliminary i
• Vera Saprounova Hopf, Complete Health of Tampa BAY, P.A. v. Robert Kaszuba, Polmed, P.A.
  Fla. 2d DCA· 2023-12-20
  The appellate court dismissed a petition for certiorari review, finding that the wife failed to establish irreparable harm. The wife sought to discharge a court-appointed guardian ad litem (GAL) but did not prove bias or prejudice, and any procedural harm from lack of notice was
• Christophe Grozdanovic v. Alliance RE Holdings, LLC
  Fla. 3d DCA· 2023-12-06
  An order granting partial summary judgment that requires interim payment of damages while leaving intertwined factual matters unresolved for trial is subject to quashing by writ of certiorari.
• Advantus v. Egan
  M.D. Fla.· 2023-12-04
  The court granted a Temporary Restraining Order, finding plaintiffs had a substantial likelihood of success on their claims for violation of the Defend Trade Secrets Act and tortious interference with business relationships, and that irreparable harm would result from disclosure
• Begonja v. Wyndham Vacation Resorts, Inc.
  Fla. 5th DCA· 2023-11-17
  A trial court's denial of a motion for pro hac vice admission must be based on reasonable and legally permissible grounds that are adequately specified in the record. The trial court's concerns about unlicensed practice of law, the timing of the request based on case age, prior p
• XYZ Corp. v. The Individuals
  M.D. Fla.· 2023-11-01
  The court granted Plaintiff's motion for entry of final default judgment, finding sufficient basis in the pleadings and evidence for liability and awarding injunctive relief and statutory damages.
• Guardian AD Litem v. Dep't of Child. & Families
  Fla. 5th DCA· 2023-10-18
  Birth parents whose parental rights were terminated may access dependency court records if they demonstrate a proper interest under section 39.0132(3), such as for discovery in pending civil litigation seeking damages. Paternal grandparents, as legal adoptive parents of one child
• Deltona Transformer Corp. v. The Noco Co.
  M.D. Fla.· 2023-09-29
  The court held that the plaintiff is entitled to disgorgement of the defendant's profits due to willful trademark infringement and granted the permanent injunction in part.
• Kaiquan Huang v. The Individuals
  S.D. Fla.· 2023-09-21
  The court recommended granting the plaintiff's motion for a preliminary injunction against defendants for patent infringement.
• Betty's Best, Inc. v. The Individuals
  S.D. Fla.· 2023-09-21
  Betty's Best, Inc. sued numerous online sellers across multiple e-commerce platforms (Amazon, eBay, Walmart, Wish, and others) for manufacturing, importing, and selling counterfeit grooming tools bearing infringing trademarks, copyrighted images, and design patents. The court gra
• Mattel, Inc. v. XL Ins. Am., Inc.
  Del. Super. Ct.· 2023-09-20
  The court denied ACE Property and Casualty Insurance Company's application for certification of an interlocutory appeal and for a stay of the court's prior order. The court found that the prior order, which granted partial summary judgment on ACE Property's duty to defend and ind
• Spimerica Access Solutions, LLC v. Palazzani Industrie
  S.D. Fla.· 2023-09-14
  The court granted Spimerica's ex parte application for a temporary restraining order, finding a substantial likelihood of success on tortious interference claims and imminent irreparable harm.
• DNP Consulting, LLC v. Miami-Dade Police Dep't
  Fla. 3d DCA· 2023-09-13
  A trial court's order deferring adjudication of a motion to compel turnover of seized funds until the conclusion of pending criminal proceedings does not cause irreparable harm sufficient to invoke certiorari jurisdiction.