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

• Rusum D. Prasad and Eileen R. Prasad v. Turner
  882 So. 2d 490· Fla. 5th DCA· 2004-09-17 ·cited 2×·via Irreparable Injury
  The court denied the petition for writ of certiorari because the petitioners failed to establish irreparable injury.
• Richardson v. Gyves
  874 So. 2d 658· Fla. 4th DCA· 2004-05-05 ·cited 2×
• State v. Budina
  879 So. 2d 16· Fla. 2d DCA· 2004-04-30 ·cited 2×
  The Florida District Court of Appeal reversed a trial court's refusal to grant the State a continuance in a criminal prosecution, holding that the trial court violated the law of the case doctrine by re-denying a continuance after the appellate court had already quashed its prior
• SKFW Mgmt. Corp. v. Dep't OF Revenue
  867 So. 2d 1232· Fla. 5th DCA· 2004-03-12 ·cited 2×
  SKFW Management Corp. and Royal Palace Hotel Associates sought a writ of prohibition or certiorari challenging the circuit court's denial of their request for a waiver of bond posting requirements under Florida's tax assessment dispute statute. The appellate court denied the peti
• Sell v. Sell
  870 So. 2d 833· Fla. 3d DCA· 2003-08-13 ·cited 2×
• CBS Broad., Inc. v. EchoStar Commc'ns Corp.
  67 U.S.P.Q. 2d (BNA) 1545· S.D. Fla.· 2003-06-10 ·cited 2×
  The court held that EchoStar infringed on Plaintiffs' copyrights by retransmitting distant network signals to "served" households, violating the Satellite Home Viewer Act (SHVA) and its amendments.
• M & E Distribs., Inc. v. Worley
  840 So. 2d 457· Fla. 4th DCA· 2003-03-26 ·cited 2×
  M & E Distributors and Mark Martone appealed a temporary injunction prohibiting them from using the name 'Worley's Wonder' to market their own cleaning product. The Fourth District Court of Appeal affirmed the injunction, finding sufficient evidence of trademark infringement and
• Fla. Power & Light Co. v. J.W. Thomas
  838 So. 2d 1240· Fla. 1st DCA· 2003-03-10 ·cited 2×·via Irreparable Injury
• Wyner v. Struhs
  254 F. Supp. 2d 1297· S.D. Fla.· 2003-02-27 ·cited 2×·via Irreparable Injury
  The court held that a nude art installation intended as a peace symbol constitutes expressive conduct protected by the First Amendment, and a total ban on nudity is not a narrowly tailored restriction.
• Superior Ins. Co. v. Lenora F. Cano
  829 So. 2d 991· Fla. 2d DCA· 2002-11-08 ·cited 2×
  The court held that a trial court must determine if a trade secret privilege is validly asserted before compelling disclosure of trade secrets during discovery.
• E.S. Thomas & Assocs., Inc. v. Powell
  827 So. 2d 396· Fla. 2d DCA· 2002-10-11 ·cited 2×
  E.S. Thomas & Associates appeals the denial of its motion for a temporary injunction to prevent an independent insurance agent from soliciting its customers and agents in violation of nonsolicitation and noncompetition covenants. The court affirms the trial court's denial, findin
• Azra Rheman Vargas v. Vargas
  816 So. 2d 238· Fla. 2d DCA· 2002-05-15 ·cited 2×
  Florida appellate court reversed a temporary injunction restraining removal of children from jurisdiction because the trial court's order and the husband's motion failed to comply with procedural requirements under Florida Rule of Civil Procedure 1.610, including lack of verifica
• City OF Gainesville v. Watson Constr. Co., Inc.
  815 So. 2d 785· Fla. 1st DCA· 2002-05-13 ·cited 2×
  The City of Gainesville appealed a trial court's grant of temporary injunctive relief against enforcement of a development permit moratorium. The appellate court affirmed the injunction on the merits but remanded for the trial court to address the bond requirement mandated by rul
• Int'l Wire Corp. v. State Farm Fire & Cas. Co.
  816 So. 2d 159· Fla. 2d DCA· 2002-05-01 ·cited 2×
• Women's Emergency Network v. Bush
  191 F. Supp. 2d 1356· S.D. Fla.· 2002-02-15 ·cited 2×
  The court denied plaintiffs' motion for a preliminary injunction because they failed to demonstrate a substantial likelihood of imminent harm or that the court had authority to enjoin the actions of the named defendants.
• Staver v. Am. Bar Ass'n
  169 F. Supp. 2d 1372· M.D. Fla.· 2001-10-24 ·cited 2×
  The court held that the plaintiffs' claims were not ripe for review and that they failed to establish irreparable harm, thus denying their motion for a preliminary injunction.
• Lazaro v. United States Dep't of Agric.
  186 F. Supp. 2d 1203· M.D. Fla.· 2001-08-24 ·cited 2×·via Irreparable Injury
  The court held that the statute does not prohibit preliminary injunctive relief for permanent disqualification from the Food Stamp Program, even for trafficking violations, and that the plaintiff met the prerequisites for such relief.
• Lucero v. Clay P. Lucero
  793 So. 2d 144· Fla. 2d DCA· 2001-08-22 ·cited 2×·via Irreparable Injury
  A Florida appellate court reversed a temporary restraining order prohibiting a mother from relocating out of state with her minor child, finding the order was entered without proper notice, without required affidavits or bond, and in violation of procedural rules. The court also
• Johnson v. Globe Data Sys.
  785 So. 2d 1290· Fla. 5th DCA· 2001-06-08 ·cited 2×·via Presumption Of Irreparable Injury
  Globe Data Systems sought to enforce a non-compete agreement against former employee Richard Johnson by obtaining an injunction to prevent his use of customer lists and direct solicitation of Globe's customers. The appellate court affirmed the trial court's entry of a permanent i
• Bulova Corp. v. Bulova Do Brasil Com. Rep. Imp. & Exp. Ltda.
  144 F. Supp. 2d 1329· S.D. Fla.· 2001-04-06 ·cited 2×
  The court held that the plaintiff demonstrated a substantial likelihood of success on the merits and irreparable harm, justifying a preliminary injunction against the defendant's use of the Bulova mark.
• Shake Consulting, LLC v. Suncruz Casinos, LLC
  781 So. 2d 494· Fla. 4th DCA· 2001-03-28 ·cited 2×·via Irreparable Injury
  Shake Consulting sought certiorari review of a trial court order that denied its motion to access company records and granted a stay of proceedings for ninety days. The Fourth District Court of Appeal dismissed the petition regarding the denied motion for access to records and su
• Smith v. ST. VIL
  765 So. 2d 60· Fla. 4th DCA· 2000-02-09 ·cited 2×·via Irreparable Injury
  Lee Roy Smith, an incarcerated plaintiff in a personal injury action, sought certiorari review of a trial court's order staying his civil case for approximately nine years until near his release from federal prison. The appellate court granted the petition, finding the stay const
• In re J.A.B. and J.R.B. v. R.A.B.C.
  744 So. 2d 575· Fla. 2d DCA· 1999-11-12 ·cited 2×
  The court held that the petitioner failed to establish irreparable harm, thus the stay order did not invoke the court's certiorari jurisdiction.
• Image Data, L.L.C. v. Sullivan
  739 So. 2d 725· Fla. 5th DCA· 1999-09-10 ·cited 2×·via Irreparable Injury
  Image Data appealed an ex parte temporary injunction that prohibited it and the Florida Department of Highway Safety and Motor Vehicles from disseminating driver license information. The Fifth District Court of Appeal reversed the injunction, finding it violated multiple procedur
• Diaz v. John Adcock Ins. Agency, Inc.
  729 So. 2d 465· Fla. 2d DCA· 1999-03-19 ·cited 2×·via Irreparable Injury
  The appellate court considered whether a contract provision waiving the bond requirement for a temporary injunction is enforceable, holding that such a waiver is generally not permissible under Florida Rule of Civil Procedure 1.610(b).
• Leventhal v. Richard K. Lohmann, M.D. & Richard K. Lohmann, M.D., P.A.
  721 So. 2d 1249· Fla. 4th DCA· 1998-12-23 ·cited 2×·via Irreparable Injury
  In a medical malpractice case, the court rejected a plaintiff's work product objection to producing medical records obtained in anticipation of litigation. The court held that medical records themselves are not transformed into work product merely because counsel obtained them, a
• Burger King Corp. v. Weaver
  33 F. Supp. 2d 1037· S.D. Fla.· 1998-08-27 ·cited 2×·via Irreparable Injury
  The court held that a preliminary injunction is warranted even if the defendant has ceased infringing conduct, especially when the infringement was willful and occurred over a long period.
• Bledsoe v. City of Jacksonville Beach
  20 F. Supp. 2d 1317· M.D. Fla.· 1998-06-25 ·cited 2×
  The court held that the City's Special Events Policy is unconstitutional because it is content-based, grants excessive discretion to the police chief, and lacks necessary procedural safeguards for speech regulation.
• Balas v. Ruzzo
  703 So. 2d 1076· Fla. 5th DCA· 1997-10-10 ·cited 2×
  The court denied a petition for writ of certiorari challenging a discovery order that compelled two women to disclose details about their sexual history and prior prostitution activities. Although Florida Statute §796.09 ordinarily protects prostitutes from such discovery when su
• Dade Cnty. v. Lowell S. Dunn and Betty S. Dunn
  693 So. 2d 1035· Fla. 3d DCA· 1997-05-14 ·cited 2×
  Dade County appeals a temporary injunction order that prevented property owners from removing asphalt from a public road but failed to require restoration of damaged pavement. The court held that the trial judge abused her discretion by not immediately ordering the defendants to
• Chase Manhattan Bank v. Dime Sav. Bank of N.Y.
  961 F. Supp. 275· M.D. Fla.· 1997-05-05 ·cited 2×·via Irreparable Injury
  The court denied the motion for a temporary restraining order because the plaintiffs failed to demonstrate imminent irreparable injury, a substantial likelihood of success on the merits, or that the threatened injury outweighed potential harm to the defendants and the public inte
• Fla. Farm Bureau Gen. Ins. Co. v. Copertino
  693 So. 2d 642· Fla. 4th DCA· 1997-04-23 ·cited 2×
  The court held that allowing intervention in a declaratory judgment action regarding insurance coverage does not constitute irreparable harm justifying certiorari review.
• Hill v. Butterworth
  941 F. Supp. 1129· N.D. Fla.· 1996-08-07 ·cited 2×·via Irreparable Injury
  The court held that the plaintiff has standing and the case is ripe for review, as the uncertainty surrounding the applicability of Chapter 154 of the Act to his habeas petition creates immediate hardship and a dilemma regarding compliance.
• Am. Reliance Ins. Co. v. Rosemont Condo. Homeowners Ass'n, Inc.
  671 So. 2d 250· Fla. 3d DCA· 1996-04-10 ·cited 2×
  American Reliance Insurance Company seeks certiorari review of a trial court order confirming a special master's recommendation that permitted discovery of work product materials over the insurer's objections. The court granted certiorari and quashed the order, finding the trial
• Elder v. Carter
  670 So. 2d 1032· Fla. 2d DCA· 1996-03-06 ·cited 2×
  The court held that a nonfinal order determining that a prior dissolution judgment was not res judicata on paternity does not meet the criteria for certiorari review because it does not cause irreparable harm and can be appealed after a final order.
• The Ohio Cas. Ins. Co. v. Fennell
  686 So. 2d 1· Fla. 2d DCA· 1995-12-20 ·cited 2×
• Michel-Trapaga v. City of Gainesville
  907 F. Supp. 1508· N.D. Fla.· 1995-12-06 ·cited 2×·via Irreparable Injury
  The court held that the city's Event Policy, as applied, constituted an unconstitutional prior restraint on speech and assembly, and granted the preliminary injunction.
• Time Warner Cable v. Freedom Elecs., Inc.
  897 F. Supp. 1454· S.D. Fla.· 1995-08-11 ·cited 2×
  The court granted a preliminary injunction against defendants for violating the Communications Act by manufacturing and selling devices to illegally intercept cable television programming.
• Proctor v. Eason
  651 So. 2d 1301· Fla. 2d DCA· 1995-03-17 ·cited 2×
  Gerald Proctor, a dairy farmer, appeals a temporary injunction that froze milk proceeds owed to him by the Florida Dairy Farmers Association to satisfy alleged unpaid cattle lease payments to Betty Anne Eason. The court reversed, holding that an injunction cannot be used to enfor
• Wolfe v. Safecard Servs., Inc.
  873 F. Supp. 648· S.D. Fla.· 1995-01-11 ·cited 2×
  The court held that the defendant failed to meet the requirements for an injunction to stay state court proceedings, as he did not demonstrate irreparable harm or the absence of an adequate remedy at law, and the relitigation exception to the Anti-Injunction Act did not clearly a
• Cajun & Grill OF Am., Inc. v. JET Int'l Cuisine, Inc.
  646 So. 2d 801· Fla. 3d DCA· 1994-12-07 ·cited 2×
  Cajun & Grill of America, Inc. and its owner appealed an order granting emergency temporary injunctive relief and appointing a receiver to maintain control of a restaurant. The appellate court reversed, holding that the plaintiff failed to satisfy the required criteria for prelim
• Raymond Oenbrink, D.O. v. Schiegner
  645 So. 2d 167· Fla. 4th DCA· 1994-11-23 ·cited 2×·via Irreparable Injury
  The court denied defendants' petition for certiorari challenging pretrial orders that found plaintiffs complied with Florida's medical malpractice presuit screening requirements under section 766.
• Caterpillar, Inc. v. Nationwide Equip.
  877 F. Supp. 611· M.D. Fla.· 1994-11-14 ·cited 2×·via Presumption Of Irreparable Injury
  The court held that defendants' advertising and sale of Cukurova products, manufactured using Caterpillar components but not under Caterpillar's direct quality control, constituted trademark infringement and unfair competition under the Lanham Act.
• Neel v. Williams Commc'n Serv., Inc.
  638 So. 2d 1017· Fla. 2d DCA· 1994-06-15 ·cited 2×
  Betty Sue Neel appealed the trial court's issuance of a temporary restraining order (TRO) that prevented her from disposing of assets in a civil embezzlement case brought by her former employer, Williams Communication Services. The appellate court reversed, finding that Williams
• Glen Raven Mills, Inc. v. Ramada Int'l, Inc.
  852 F. Supp. 1544· M.D. Fla.· 1994-05-24 ·cited 2×·via Irreparable Injury
  The court held that the plaintiff failed to establish a substantial likelihood of prevailing on the merits for a preliminary injunction, as the evidence of actual confusion was insufficient and the defendant's intent to infringe was not proven, despite similarities in marks and a
• VP Union 76, Inc. v. Canmont Int'l, Inc.
  632 So. 2d 249· Fla. 3d DCA· 1994-02-22 ·cited 2×·via Irreparable Injury
  The court held that the order allowing a lessor to enter leased premises for renovations, entered without proper procedure, constituted an injunction and was therefore voidable.
• Odom v. Mears Transp. Grp.
  630 So. 2d 637· Fla. 1st DCA· 1994-01-06 ·cited 2×
  This case involves a workers' compensation claimant seeking discovery of advertising contracts and former driver leases to establish an employer-employee relationship. The appellate court affirmed the denial of broad discovery requests due to their overbreadth and burden, but rev
• In re Guardianship OF Margaret D. Murphey v. Catholic Charities OF the Diocese OF Palm Beach, Inc.
  630 So. 2d 591· Fla. 4th DCA· 1993-10-13 ·cited 2×
  A ward in a guardianship sought relief from trial court orders that removed her court-appointed attorney and authorized her guardian to represent her in an appeal. The court quashed the order removing counsel, finding a potential conflict of interest when the guardian—who was pur
• Barberio-Powell v. Bernstein Leibstone Assocs., Inc.
  624 So. 2d 383· Fla. 4th DCA· 1993-09-22 ·cited 2×
  The Florida Fourth District Court of Appeal reversed a temporary injunction prohibiting a former employee from soliciting her former employer's customers, finding the employer failed to demonstrate the irreparable harm necessary to justify such an injunction. The court held that
• Intel Corp. v. Ulsi Sys. Tech., Inc.
  995 F.2d 1566· Fed. Cir.· 1993-06-10 ·cited 2×
  The panel held that a broad cross-license agreement between companies effectively immunizes third parties from patent infringement claims related to the licensed patents.