Irreparable Harm

2,255 Florida cases classified under this topic, plus 1,513 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Reuben G. Lenske v. Sercombe
  401 F.2d 520· 9th Cir.· 1968-09-16 ·cited 4×·via Irreparable Injury
  The court held that the federal statute barring injunctions against state court proceedings applies, and there were no extraordinary circumstances to justify an exception. The Board of Governors were also not proper parties.
• A. B. C. Bus. Forms, Inc. v. The Honorable Harold B. Spaet
  201 So. 2d 890· Fla.· 1967-07-19 ·cited 4×·via Irreparable Damage
  Florida Statute § 11.111, which mandates continuances for legislators, is unconstitutional when applied to cases seeking emergency injunctive relief due to irreparable damage.
• Gustafson's Dairy, Inc. v. State
  189 So. 2d 814· Fla. 1st DCA· 1966-08-23 ·cited 4×·via Irreparable Damage
  The court held that the temporary restraining order was erroneously issued against both distributor and supermarket defendants due to insufficient allegations and lack of showing of irreparable harm.
• Sanstrom v. Garren
  187 So. 2d 366· Fla. 3d DCA· 1966-06-07 ·cited 4×
  The court held that a complaint seeking injunctive relief based on a contingent future injury fails to state a cause of action.
• Noble v. Erice E. McNEAL and Jimmie S. McNeal
  179 So. 2d 126· Fla. 1st DCA· 1965-10-14 ·cited 4×·via Irreparable Damage
  The court denied a petition for writ of certiorari seeking to review an interlocutory order that refused to strike affirmative defenses from a mortgagee's answer in a contract dispute. The court held that certiorari is unavailable for interlocutory orders unless they involve venu
• Volkswagenwerk Aktiengesellschaft v. Volks City, Inc.
  348 F.2d 659· 3d Cir.· 1965-07-19 ·cited 4×·via Irreparable Injury
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction, and affirmed the order.
• Bertram C. Ellison v. City OF Fort Lauderdale
  166 So. 2d 797· Fla. 2d DCA· 1964-07-24 ·cited 4×·via Irreparable Injury
  Plaintiff appealed the dismissal of his complaint seeking to enjoin the City of Fort Lauderdale from enforcing a penal ordinance against his operation of a nursery school with ponies on property he claimed was a valid nonconforming use. The court affirmed the dismissal, holding t
• Mrs. Ethel Mae Coxsey v. Najeeb Hallaby
  334 F.2d 286· 10th Cir.· 1964-07-17 ·cited 4×·via Irreparable Damage
  The court held that the suit was not against the United States without consent and presented genuine issues of material fact, thus it was not ripe for summary judgment.
• The Lakefront Dock & R.R. Terminal Co. v. Int'l Longshoremen's Ass'n
  333 F.2d 549· 6th Cir.· 1962-08-17 ·cited 4×·via Irreparable Injury
  The court denied the motion to suspend a preliminary injunction, finding no basis for the appellant's arguments regarding irreparable injury, the Norris-LaGuardia Act, or NLRB preemption.
• Approved Pers., Inc. v. Herman
  19 Fla. Supp. 19· Dade Cty. Cir. Ct.· 1961-11-28 ·cited 4×·via Irreparable Injury
  The court held that the non-compete provision in the employment contract was valid and reasonable, and granted a permanent injunction against the former employee.
• Title & Tr. Co. OF FLA. v. Title Guar. & Abstract Co. OF Sanford
  103 So. 2d 211· Fla. 2d DCA· 1958-06-04 ·cited 4×·via Irreparable Injury
  Title and Trust Company appealed dismissal of its declaratory judgment action seeking interpretation of an agency contract for title insurance and appointment of a receiver to protect records that the agent sold to a competitor. The court reversed, holding that the plaintiff was
• Pierce v. Aeronautical Commc'ns Equip., Inc.
  223 F.2d 410· 5th Cir.· 1955-06-17 ·cited 4×·via Irreparable Injury
  The denial of a preliminary injunction is affirmed because serious issues of validity and infringement require a trial on the merits, and no irreparable injury or abuse of discretion was shown.
• Pub. Utils. Comm'n of Dist. of Columbia v. Cap. Transit Co.
  214 F.2d 242· D.C. Cir.· 1954-05-07 ·cited 4×·via Irreparable Injury
  The court granted an injunction pending appeal, enjoining the company from paying a dividend and redeeming bonds, pending further investigation and report.
• Osmond v. Riverdale Manor, Inc.
  199 F.2d 75· 4th Cir.· 1952-09-29 ·cited 4×·via Irreparable Injury
  A party cannot seek judicial intervention to maintain the status quo while an administrative appeal is pending; administrative remedies must be fully exhausted before court intervention is permissible.
• Camp v. Herzog
  190 F.2d 605· D.C. Cir.· 1951-04-26 ·cited 4×·via Irreparable Damage
  The court held that a lawyer must exhaust administrative remedies before seeking judicial intervention to enjoin an NLRB disciplinary proceeding.
• Food v. Smiley
  164 F.2d 922· 3d Cir.· 1947-10-30 ·cited 4×·via Irreparable Damage
  The court affirmed the denial of the motion to dissolve the preliminary injunction, finding that the state board's contention of concurrent jurisdiction was resolved by a subsequent state supreme court ruling.
• Spence v. Cole
  137 F.2d 71· 4th Cir.· 1943-07-14 ·cited 4×·via Irreparable Injury
  The court held that plaintiffs were not entitled to an injunction restraining criminal prosecutions, as there was no showing of irreparable injury and state courts could address constitutional rights.
• Barnett v. New England Mut. Life Ins. Co.
  123 F.2d 712· 5th Cir.· 1941-11-27 ·cited 4×·via Irreparable Injury
  The trial court erred in withdrawing the case from the jury and treating it as an equitable action, as the insurer had an adequate remedy at law.
• Garriga v. Reid Lumber Co.
  97 Fla. 321· Fla.· 1929-03-05 ·cited 4×·via Irreparable Injury
  This case involves a dispute over a timber sale contract. The appellate court reversed a lower court's decision to grant a temporary injunction, finding that the plaintiff failed to demonstrate irreparable harm or lack of an adequate remedy at law.
• Williams v. Richardson
  66 Fla. 234· Fla.· 1913-11-04 ·cited 4×·via Irreparable Injury
  Henry Williams appeals a permanent injunction preventing him from interfering with complainants' possession of Jacksonville property. The Florida Supreme Court affirmed the injunction, holding that Williams derived no valid title from Anna Thomas (whose claim was defeated in an 1
• Altman v. Brown
  365 So. 3d 1232· Fla. 3d DCA· 2023-07-05 ·cited 3×
  A trial court order removing a trustee under section 736.0706, Fla. Stat., and imposing a surcharge is appealable and reviewable, but an order merely determining the right to attorney's fees without setting the amount is non-final and non-appealable, and a requirement to make int
• Niles B. Whitten v. Clark
  Fla. 1st DCA· 2023-05-03 ·cited 3×
  A petitioner seeking certiorari relief must demonstrate irreparable harm, and where the petitioner has not been charged and may never be charged, the court lacks jurisdiction to grant certiorari relief.
• Publix Super Mkts., Inc. v. Blanco
  373 So. 3d 1178· Fla. 3d DCA· 2023-01-25 ·cited 3×
  The appellate court granted Publix's petition for certiorari, quashing a discovery order that allowed corporate-wide discovery in a slip-and-fall case. The court found that such broad discovery was impermissible under Florida Statute 768.0755, which requires proof of actual or co
• Wharran v. Suen Anghara Morgan
  351 So. 3d 632· Fla. 2d DCA· 2022-11-18 ·cited 3×
  The appellate court reviewed a discovery order compelling the production of cell phone records. It held that the trial court erred by allowing broad discovery without first determining relevance, balancing privacy rights, and conducting an in camera review, thus quashing the orde
• Graham v. Battey
  347 So. 3d 515· Fla. 5th DCA· 2022-09-16 ·cited 3×
  A temporary injunction must be affirmed only to the extent that each of the four required elements—irreparable harm, inadequacy of legal remedy, substantial likelihood of success on the merits, and public interest—is supported by specific factual findings; portions lacking these
• Guardian AD Litem Program v. Campbell
  348 So. 3d 1177· Fla. 5th DCA· 2022-04-29 ·cited 3×
  A trial court must weigh all eight statutory factors in section 63.082(6)(e) when determining whether to transfer custody of a dependent child to prospective adoptive parents chosen by the natural parents; the parents' right to select adoptive parents is one factor but cannot ove
• Zawistowski v. Gibson
  337 So. 3d 901· Fla. 2d DCA· 2022-04-27 ·cited 3×
  The appellate court granted a petition for certiorari, quashing two trial court orders that compelled the production of a party's medical records. The court held that the trial court erred by failing to conduct an in camera review of the records to ensure only relevant informatio
• Emed Urgent & Primary Care, P.A. v. Rivas
  335 So. 3d 766· Fla. 1st DCA· 2022-03-09 ·cited 3×
  The appellate court dismissed a petition for certiorari because the petitioners failed to demonstrate irreparable harm, a necessary element for such review. This case clarifies the jurisdictional requirements for seeking interlocutory review via certiorari.
• Dodd Chiropractic Clinic, P.A. v. USAA Cas. Ins. Co.
  313 So. 3d 178· Fla. 1st DCA· 2021-02-12 ·cited 3×
  A petition for writ of certiorari must be dismissed when the petitioner has not established irreparable harm.
• Owners Ins. Co. v. Armour
  303 So. 3d 263· Fla. 2d DCA· 2020-09-09 ·cited 3×
  Owners Insurance Company petitioned for certiorari review of a circuit court order denying its motion for protective order and allowing discovery depositions in a declaratory action over insurance coverage for defective construction. The court granted the petition in part, findin
• Saints 120, LLC v. Michaele M. Moore
  292 So. 3d 1209· Fla. 1st DCA· 2020-03-24 ·cited 3×
  This case involves a nursing home's petition for a writ of certiorari to quash discovery orders in a wrongful death lawsuit. The appellate court reviewed two orders: one compelling the production of resident names and contact information, and another compelling the production of
• J.B. v. The State of Fla. & Carmen Barahona
  250 So. 3d 829· Fla. 3d DCA· 2018-07-05 ·cited 3×
  J.B., a minor living in the home where her siblings were allegedly murdered and abused, sought to prevent disclosure of her mental health records to a defendant facing capital charges. The appellate court held that the psychotherapist-patient privilege under Florida law is absolu
• Tesoro Prop. Owner's Ass'n, Inc. v. Teroso Commons, LLC
  237 So. 3d 403· Fla. 4th DCA· 2018-02-14 ·cited 3×
  The Fourth District Court of Appeal reversed a temporary injunction because the trial court failed to make sufficient factual findings required by Florida Rule of Civil Procedure 1.610(c) to support the four mandatory elements for injunctive relief.
• Geico Gen. Ins. Co. v. Martinez
  240 So. 3d 43· Fla. 3d DCA· 2018-01-03 ·cited 3×
  Abatement rather than dismissal of an unaccrued and premature third-party bad-faith claim filed in violation of the nonjoinder statute constitutes a departure from the essential requirements of law and results in irreparable harm warranting certiorari relief. The nonjoinder statu
• Vicken Bedoyan & WPM Miami, Inc. v. Harout Samra
  237 So. 3d 1102· Fla. 3d DCA· 2017-12-27 ·cited 3×
  Petitioners Bedoyan and WPM Miami sought a writ of certiorari challenging the trial court's denial of their directed verdict motions after a jury found them liable in a partnership breach case. The appellate court dismissed the petition for lack of jurisdiction, holding that peti
• 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
• Lerner v. DUM
  220 So. 3d 1202· Fla. 4th DCA· 2017-06-21 ·cited 3×·via Immediate And Irreparable Injury
  A husband in a pending dissolution action appealed an ex parte temporary injunction prohibiting him from conducting specified financial transactions. The court affirmed the issuance of the injunction as legally sufficient but reversed and remanded regarding the trial court's fail
• 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.