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

• Imraan Ansaarie, M.D. v. First Coast Cardiovascular Inst., P.A.
  252 So. 3d 287· Fla. 1st DCA· 2018-06-28 ·cited 2×·via Presumption Of Irreparable Injury
  A temporary injunction enforcing restrictive covenants in a physician employment agreement was properly granted where the employer demonstrated legitimate business interests in existing patients, substantial investment in developing patient goodwill in a specific geographic area,
• Becnel v. AIZ Holdings, LLC
  240 So. 3d 904· Fla. 1st DCA· 2018-04-25 ·cited 2×
  A petitioner seeking certiorari review of a discovery order must demonstrate irreparable harm that cannot be remedied on appeal, and overbreadth in discovery does not constitute irreparable harm.
• Amerisure Ins. Co. v. Rodriguez
  242 So. 3d 481· Fla. 3d DCA· 2018-04-04 ·cited 2×
  A party seeking certiorari review must demonstrate irreparable harm, which requires showing material injury that cannot be corrected on post-judgment appeal; the mere possibility of future harmful discovery orders or trial consolidation is insufficient to establish irreparable ha
• Lewis v. Dollar Rent A CAR and Esis WC Claims
  220 So. 3d 1246· Fla. 1st DCA· 2017-06-09 ·cited 2×
  In a workers' compensation case, the Florida First District Court of Appeal granted certiorari and quashed an order compelling a claimant to attend a functional capacity evaluation (FCE), finding that the Judge of Compensation Claims lacked statutory authority under the 1988 vers
• Sybac Solar, GMBH v. 6TH St. Solar Energy Park OF Gainesville, LLC
  217 So. 3d 1068· Fla. 2d DCA· 2017-04-05 ·cited 2×
  Sybac Solar sought certiorari review of an order compelling Christian Rautenberg to testify as Sybac's corporate representative regarding statements allegedly made at a December 2013 meeting that form the basis of a defamation counterclaim against Sybac. The court held that a cor
• James and Melanie Nipper v. Walton Cnty.
  208 So. 3d 331· Fla. 1st DCA· 2017-01-17 ·cited 2×·via Irreparable Injury
  The Florida District Court of Appeal reversed a permanent injunction that enjoined the Nippers from operating a skydiving business on their agricultural property in Walton County. The court held that Walton County failed to demonstrate a clear legal right to injunctive relief, pa
• Jackson v. Leon Cnty. Elections Canvassing Bd.
  214 So. 3d 705· Fla. 1st DCA· 2016-11-23 ·cited 2×
  An elector challenged the eligibility of a successful candidate for Tallahassee City Commission, Scott Maddox, based on residency requirements. The appellate court denied petitions for certiorari and prohibition but granted a constitutional stay writ preventing Maddox from taking
• Jackson v. State
  202 So. 3d 97· Fla. 4th DCA· 2016-09-07 ·cited 2×
  A first-degree murder defendant petitioned for a writ of certiorari challenging the trial court's denial of his request to issue ex parte subpoenas duces tecum in secret. The Fourth District Court of Appeal denied the petition, holding that a criminal defendant has no constitutio
• State v. Foley
  193 So. 3d 24· Fla. 3d DCA· 2016-03-30 ·cited 2×
  The State of Florida petitioned for a writ of certiorari to overturn a trial court's discovery order that limited the State's access to documents obtained by the defense through unauthorized subpoenas. The appellate court dismissed the petition because the State failed to demonst
• Publix Super Mkts., Inc. v. Hernandez
  176 So. 3d 350· Fla. 3d DCA· 2015-09-09 ·cited 2×
  Publix Super Markets sought certiorari review of a trial court order sustaining objections to third-party subpoenas in a personal injury slip-and-fall case. The appellate court granted the petition, finding that discovery was necessary to resolve contradictory hospital billing re
• Kauffman v. Duran
  165 So. 3d 805· Fla. 3d DCA· 2015-05-27 ·cited 2×
  The court held that the petitioner failed to demonstrate irreparable harm required for a writ of certiorari to quash an order denying a protective order for a deposition.
• Golden Vasquez v. State
  162 So. 3d 117· Fla. 4th DCA· 2014-11-05 ·cited 2×
  Golden Vasquez sought a writ of certiorari to challenge the trial court's denial of her motion for a hearing to determine the amount of restitution, which had been ordered but never quantified over seven years after sentencing. The appellate court granted the petition, finding th
• Jilco, Inc. v. MRG OF S. Fla., Inc.
  162 So. 3d 108· Fla. 4th DCA· 2014-10-15 ·cited 2×
  The court held that a trial court must determine the validity of a settlement agreement before compelling discovery on matters outside the scope of the dispute over the settlement itself.
• Walton Cnty. v. Sandestin Invs., LLC
  148 So. 3d 172· Fla. 1st DCA· 2014-10-14 ·cited 2×
  The court held that a temporary injunction order must specify the reasons for its entry and be supported by clear, definite, and unequivocally sufficient factual findings for each of the four necessary criteria.
• 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
• Weltman v. Riggs
  141 So. 3d 729· Fla. 1st DCA· 2014-07-07 ·cited 2×·via Likelihood Of Irreparable Harm
  An order granting a temporary injunction must contain clear, definite factual findings supporting each of the four necessary elements, and failure to do so requires reversal and remand.
• 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×
• Frounfelter v. Leavitt
  563 F. Supp. 2d 1327· M.D. Fla.· 2008-06-03 ·cited 2×·via Irreparable Injury
  The district court granted the defendant's motion to dismiss for lack of subject matter jurisdiction, finding that the plaintiffs had not exhausted administrative remedies and that judicial review was properly vested in the Court of Appeals, not the district court.
• 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
• Donald A. Smith, M.D. v. Rankin
  950 So. 2d 1278· Fla. 2d DCA· 2007-03-21 ·cited 2×·via Irreparable Injury
• 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×
• Smith v. Crider
  932 So. 2d 393· Fla. 2d DCA· 2006-04-07 ·cited 2×·via Immediate And Irreparable Injury
  Mother appealed an order denying her motion to dissolve an ex parte temporary injunction that modified a final dissolution judgment by awarding father temporary sole parental responsibility and prohibiting mother from removing the children from jurisdiction. The appellate court r
• 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.
• Fla. Wildlife Fed'n v. United States Army Corps of Eng'rs
  404 F. Supp. 2d 1352· S.D. Fla.· 2005-11-10 ·cited 2×·via Irreparable Injury
  The court held that the appropriate remedy for the Corps' violation of NEPA was to set aside the permit, remand for further proceedings, and enjoin further construction pending adequate environmental review, with exceptions for Scripps' buildings.
• 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
• Ross v. Valentik
  900 So. 2d 752· Fla. 5th DCA· 2005-05-02 ·cited 2×·via Irreparable Injury
• Ferris v. Ferris
  895 So. 2d 540· Fla. 5th DCA· 2005-03-18 ·cited 2×·via Likelihood Of Irreparable Harm
  The court held that a temporary injunction must include specific findings supporting the four required criteria and the reasons for its entry.
• Shands AT Lake Shore, Inc. v. Frank A. Ferrero, M.D.
  898 So. 2d 1037· Fla. 1st DCA· 2005-03-11 ·cited 2×·via Likelihood Of Irreparable Harm
  Shands at Lake Shore, Inc. appealed a trial court's grant of an emergency temporary injunction in favor of Dr. Frank Ferrero, who sought to enjoin the hospital from interfering with his medical staff privileges. The appellate court reversed, holding that Dr. Ferrero failed to dem
• 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.
• Jacksonville Coal. for Voter Protect. v. Hood
  351 F. Supp. 2d 1326· M.D. Fla.· 2004-10-25 ·cited 2×·via Irreparable Injury
  Jacksonville Coalition for Voter Protection and affiliated organizations sought a preliminary injunction to compel Duval County to open additional early voting sites, arguing that African-American voters faced disproportionate barriers to voting in violation of Section 2 of the V