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

• 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
• Blue Earth Solutions v. Fla. Consol. Props., LLC
  113 So. 3d 991· Fla. 5th DCA· 2013-04-12 ·cited 1×·via Likelihood Of Irreparable Harm
  Blue Earth Solutions appeals a temporary injunction requiring them to restore possession of business premises to Florida Consolidated Properties following an asset purchase agreement dispute. The court reverses, holding that the injunction was legally untenable because the partie
• Berta C. Gomez v. Rendon
  126 So. 3d 315· Fla. 3d DCA· 2013-04-03 ·cited 1×·via Irreparable Injury
  Petitioner Gomez seeks certiorari to review a trial court's denial of her motion for a post-surgical independent medical examination (IME) of the minor respondent Oquendo following his second ankle surgery. The court grants the petition, holding that the trial court erred in deny
• 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.
• Pandora Jewelers 1995, Inc. v. Pandora Jewelry, LLC
  703 F. Supp. 2d 1307· S.D. Fla.· 2010-03-18 ·cited 1×·via Irreparable Injury
  The court held that the plaintiff's motion for a preliminary injunction should be denied because the defendant's affirmative defense of laches is likely to be meritorious, the plaintiff failed to demonstrate irreparable injury, and the balance of hardships tips in favor of the de
• 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
• United States v. Cruz
  618 F. Supp. 2d 1372· S.D. Fla.· 2008-12-30 ·cited 1×·via Irreparable Injury
  The court held that while defendants engaged in conduct impeding IRS administration, their efforts to correct past behavior and implement new procedures warranted keeping them in business with an injunction against offending conduct.
• 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
• Palm Beach Cnty. Env't Coal. v. Florida
  587 F. Supp. 2d 1254· S.D. Fla.· 2008-11-18 ·cited 1×·via Immediate And Irreparable Injury
  The court denied plaintiffs' motion for temporary injunctive relief because they failed to establish a likelihood of success on the merits and lacked proper service and jurisdiction over defendants. The court also denied the intervenor-defendant's motion in limine as moot.
• Fla. State Conf. of the Nat'l Ass'n v. Browning
  569 F. Supp. 2d 1237· N.D. Fla.· 2008-06-24 ·cited 1×·via Irreparable Injury
  The court denied the plaintiffs' motion for a preliminary injunction, finding that the amended Florida statute requiring verification of identification numbers for voter registration did not facially violate constitutional rights.
• Delvecchio v. Smith
  558 F. Supp. 2d 1243· S.D. Fla.· 2008-03-31 ·cited 1×·via Irreparable Injury
  The court granted the motion to dismiss in part, allowing the quiet title claim to proceed if service is perfected, but dismissing claims under 26 U.S.C. § 7433 and the Declaratory Judgment Act.
• Dispoto v. Marion Cnty.
  969 So. 2d 423· Fla. 5th DCA· 2007-11-02 ·cited 1×·via Irreparable Injury
  The court held that the trial court did not abuse its discretion in granting a temporary injunction requiring the removal of a radio tower and cessation of radio station operation due to violations of county land development codes.
• 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.
• Johnston v. Tampa Sports Auth.
  442 F. Supp. 2d 1257· M.D. Fla.· 2006-07-28 ·cited 1×·via Irreparable Injury
  Mass suspicionless pat-downs at NFL games constitute unreasonable searches under the Florida Constitution and Fourth Amendment because the Tampa Sports Authority failed to establish a substantial and real risk of a terrorist attack justifying a 'special needs' exception.
• 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.
• Matthews v. City OF Maitland
  923 So. 2d 591· Fla. 5th DCA· 2006-03-24 ·cited 1×·via Irreparable Injury
  Petitioners challenged trial court orders compelling disclosure of names of contributors to a litigation fund and website opposing a city development project. The court granted certiorari, holding that disclosure was irrelevant to the issues in the case and would chill First Amen
• 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.
• Grant v. United States
  289 F. Supp. 2d 1361· S.D. Fla.· 2003-07-03 ·cited 1×·via Irreparable Injury
  The court held that the IRS's termination of the installment agreement and levying of social security benefits may constitute unauthorized collection actions, but claims related to the filing of a prior tax case, specific performance, and return of levied property are dismissed.
• Kforce, Inc. v. Kerin Mickenberg
  846 So. 2d 1190· Fla. 4th DCA· 2003-05-21 ·cited 1×·via Presumption Of Irreparable Injury
  The court held that the former employee's emails to customers constituted solicitation, creating a presumption of irreparable injury, entitling the employer to a temporary injunction.
• 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
• Pharm. Research & Mfrs. of Am. v. Medows
  184 F. Supp. 2d 1186· N.D. Fla.· 2001-12-28 ·cited 1×·via Irreparable Injury
  The court held that Florida's amended statutes authorizing a preferred drug list and prior authorization program do not conflict with federal Medicaid law and thus are not preempted.
• 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.
• Howard v. City of Jacksonville
  109 F. Supp. 2d 1360· M.D. Fla.· 2000-06-27 ·cited 1×·via Irreparable Injury
  The court held that the City of Jacksonville's 120-day moratorium on adult entertainment licenses is an unconstitutional prior restraint on speech, violating the First Amendment.
• 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
• Sch. Bd. of Pinellas Cnty. v. J.M. Ex Rel. L.M.
  957 F. Supp. 1252· M.D. Fla.· 1997-04-04 ·cited 1×·via Irreparable Injury
  The court held that the School Board is entitled to an injunction temporarily enjoining the 'stay-put' provision of the IDEA because the student's current placement poses a substantial likelihood of injury to others, and the School Board has made reasonable efforts to accommodate
• Shell Oil Co. v. A.Z. Servs., Inc.
  990 F. Supp. 1406· S.D. Fla.· 1997-02-13 ·cited 1×
  The court affirmed the magistrate judge's recommendation to grant Shell's motion for a preliminary injunction, finding that Shell was likely to succeed on the merits and would suffer irreparable harm.
• Johnson v. Mortham
  926 F. Supp. 1540· N.D. Fla.· 1996-05-24 ·cited 1×
  The court denied the motion for a stay of remedial proceedings pending appeal, finding the movants failed to meet the burden for extraordinary relief. The court later granted reconsideration and vacated its prior order extending qualifying deadlines, deferring to the state legisl
• Krebs v. Fed. Deposit Ins.
  751 F. Supp. 1323· M.D. Fla.· 1994-03-31 ·cited 1×
  The court held that the D'Oench, Duhme doctrine and 12 U.S.C. § 1823(e) barred the plaintiffs' claims based on alleged unwritten promises for end loan financing, and also defeated the plaintiffs' affirmative defenses to the FDIC's counterclaims.
• S. Dade Land Corp. v. Sullivan
  853 F. Supp. 404· S.D. Fla.· 1993-11-23 ·cited 1×·via Immediate And Irreparable Injury
  The court held that plaintiffs failed to establish a substantial likelihood of success on the merits for any of their claims, thus denying their emergency motion for a temporary restraining order.
• Merrill Lynch v. Salvano
  999 F.2d 211· 7th Cir.· 1993-07-08 ·cited 1×
  The court held that a district court has the authority to grant a temporary restraining order in an arbitrable dispute to preserve the status quo, but this authority does not extend indefinitely once arbitration has commenced.