Irreparable Harm

2,256 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

• Tropical Trailer Leasing, LLC v. Miami-Dade Expressway Auth.
  Fla. 3d DCA· 2019-07-24
  The appellate court affirmed the trial court's decision, holding that the Miami-Dade Expressway Authority (MDX) has the statutory authority to charge tolls to trailers using its roadways. The court found that Tropical Trailer Leasing failed to demonstrate a clear legal right to r
• Bott v. State
  275 So. 3d 844· Fla. 1st DCA· 2019-07-23
  A petition for writ of certiorari lacks jurisdiction when the petitioner has not shown irreparable harm.
• Ludeca, Inc. v. Alignment & Condition Monitoring, Inc.
  Fla. 3d DCA· 2019-07-17
  The appellate court granted a writ of mandamus and certiorari, finding the lower court erred by setting a trial date before the case was at issue and by severing a compulsory counterclaim from the main action. The court emphasized that strict adherence to procedural rules is mand
• Saba Cap. Master Fund, Ltd. v. Blackrock Credit Allocation Income Tr.
  Del. Ch.· 2019-06-27
  The Court granted a mandatory preliminary injunction, enjoining the defendants from applying Section 7(e)(ii) of the bylaws to invalidate the plaintiff's nominations based on the late return of questionnaires. The Court ordered that votes for the plaintiff's nominees shall be cou
• Black Point Assets, Inc. v. Freedom Mortg. Corp.
  273 So. 3d 282· Fla. 1st DCA· 2019-06-07
  A petition for writ of certiorari must be dismissed when the court lacks jurisdiction to review the claims.
• Rivera Madera v. Ertel
  N.D. Fla.· 2019-05-10
  The court granted in part plaintiffs' motion for a preliminary injunction, ordering specific measures to ensure compliance with Section 4(e) of the Voting Rights Act until state rulemaking is complete.
• Garrison Prop. & Cas. Ins. Co. v. Tampa Bay Emergency Physicians
  9th Cir. Ct. App. Div.· 2019-05-10
  Garrison Property and Casualty Insurance Company appealed a trial court order denying its motion to dismiss or transfer venue based on a mandatory forum selection clause in an insurance policy. The Ninth Judicial Circuit, treating the appeal as a petition for writ of certiorari,
• State v. Gottfried
  273 So. 3d 1116· Fla. 3d DCA· 2019-05-08
  The Florida Third District Court of Appeal dismissed the State's petition for writ of certiorari for lack of jurisdiction because the State failed to demonstrate irreparable harm from the trial court's non-final order.
• In re Est. of Larry Bunda v. .
  268 So. 3d 255· Fla. 1st DCA· 2019-04-16
  Bunda's heirs challenged the trial court's sua sponte vacation of an Order for Summary Administration that authorized distribution of insurance proceeds from the decedent's estate. The court granted the petition for writ of certiorari, finding that the trial court lacked authorit
• Jimenez v. Granada Ins. Co.
  272 So. 3d 517· Fla. 3d DCA· 2019-04-10
  Juan Jiménez, a non-party to underlying litigation, petitioned for a writ of certiorari challenging a trial court order that modified non-party subpoenas directed at his automobile insurers. The court dismissed the petition, holding that Jiménez lacked standing to assert the work
• Randstad North America/Esis Worker's Compensation Claims v. Barr
  267 So. 3d 564· Fla. 1st DCA· 2019-04-03
  An employer/carrier seeking certiorari relief to prevent an Expert Medical Advisor from reviewing a non-authorized doctor's medical records and testimony must demonstrate irreparable harm as a threshold requirement, which cannot be satisfied by speculative arguments about potenti
• State v. Knowles
  265 So. 3d 733· Fla. 5th DCA· 2019-03-08
  A trial court does not abuse its discretion in excluding evidence of prior acts of child molestation when the court properly applies the McLean gatekeeping analysis and determines the prior acts are insufficiently similar and the probative value is substantially outweighed by the
• Ulm v. Fla. Comm'n On Offender Review
  263 So. 3d 278· Fla. 1st DCA· 2019-02-05
  A petitioner seeking a writ of certiorari must demonstrate irreparable harm to establish the court's jurisdiction to hear the petition.
• Chanel, Inc. v. Replicachanelbag
  117 La. 587· S.D. Fla.· 2019-01-16 ·via Irreparable Injury
  The court granted Plaintiff's motion for default judgment, awarding statutory damages and injunctive relief against Defendants for trademark counterfeiting and infringement.
• First Student, Inc. v. Steffeney Williams
  Fla. 1st DCA· 2019-01-07
  A trial court's error in granting discovery does not constitute irreparable harm sufficient to invoke certiorari jurisdiction absent a showing of privilege or other special basis.
• Victoria Fire & Cas. Co. v. Fla. Hosp.
  9th Cir. Ct. App. Div.· 2018-12-20
  Victoria Fire & Casualty Company sought certiorari review of a trial court order compelling the deposition of a non-party vendor (Auto Injury Solutions) and production of internal manuals and procedures related to claim adjustment in a first-party PIP breach of contract case. The
• Baldwin v. Willet
  259 So. 3d 891· Fla. 4th DCA· 2018-12-19
  A trial court must make clear, definite, and unequivocal factual findings explicitly addressing each of the four prongs of the temporary injunction test to comply with Florida Rule of Civil Procedure 1.610(c).
• C.H.-c. v. Miami Herald Publ'g Co.
  262 So. 3d 226· Fla. 3d DCA· 2018-12-14
  Minor children petitioned for writ of certiorari to quash a trial court order granting the Miami Herald access to a redacted transcript of a judicial review hearing in a dependency case. The children argued that release of the transcript would cause irreparable harm to their priv
• Walker v. State
  257 So. 3d 1175· Fla. 3d DCA· 2018-10-31
  An order denying a motion to dismiss for failure to state a cause of action is a nonfinal, nonappealable order, and certiorari review is ordinarily unavailable to challenge such orders absent a showing of irreparable harm.
• Cabela's LLC
  Del. Ch.· 2018-10-26
  The Court granted in part Plaintiff Cabela's motion for a preliminary injunction, enforcing the confidentiality and nonsolicitation provisions of the agreements between Cabela's and its former employees. The Court found that while the choice-of-law provision in the agreements fav
• Mspa Claims 1, LLC v. Infinity Auto Ins. Co.
  108 La. 479· S.D. Fla.· 2018-10-19 ·via Irreparable Injury
  The court held that the plaintiff failed to establish standing because it did not provide competent evidence of assignment approval required by the Medicare Secondary Payer Act.
• Broward Behavioral Health Coal., Inc. v. Mertileine Genestant
  260 So. 3d 293· Fla. 4th DCA· 2018-10-10
  Broward Behavioral Health Coalition seeks certiorari review of a trial court order requiring it to provide competency restoration services to a criminal defendant through its contracted provider. The court granted the petition, finding the trial court violated statutory requireme
• Westmount Fin. Ltd. P'ship v. Courtney Prop., LLC
  252 So. 3d 410· Fla. 4th DCA· 2018-08-22
  A motion to dismiss is not the proper remedy for counterclaims nearly identical to claims pending in a separate lawsuit; instead, the proper remedies are a motion to stay or sever the counterclaim.
• CapStack Nashville 3 LLC v. Macc Venture P'rs
  Del. Ch.· 2018-08-16
  The Court of Chancery denied the plaintiffs' motion for a temporary restraining order (TRO) to enjoin the defendants from making allegedly defamatory statements. The court held that enjoining speech before a full trial on the merits constitutes an unconstitutional prior restraint
• Xip Techs. v. Ascend Global Servs.
  253 So. 3d 1183· Fla. 2d DCA· 2018-08-15
  A temporary injunction directing payment of withheld revenues in a breach of contract dispute is an abuse of discretion where money damages provide an adequate remedy at law. Additionally, an injunction must include specific factual findings supporting each of the four required e
• State Farm Mut. Auto Ins. Co. v. Fla. Emergency Physicians Kang & Assocs.
  9th Cir. Ct. App. Div.· 2018-08-08
  State Farm sought certiorari review of a trial court's order finding it and non-parties in contempt of court and awarding monetary sanctions to FEP in a personal injury protection insurance dispute. The appellate court denied the petition, holding that certiorari was inappropriat
• State Farm Mut. Auto Ins. Co. v. Emergency Med. Assocs. of Fla., L.L.C.
  9th Cir. Ct. App. Div.· 2018-08-08
  State Farm sought certiorari review of a trial court order finding it in contempt of court and awarding monetary sanctions to EMA in a PIP insurance dispute. The appellate court summarily denied the petition, concluding that certiorari review was inappropriate because any error c
• State Farm Mut. Auto Ins. Co. v. Altamonte Springs Diagnostic Imaging, Inc
  9th Cir. Ct. App. Div.· 2018-08-08
  State Farm sought certiorari review of a trial court order imposing contempt sanctions and monetary damages in a discovery dispute with medical provider ASD. The appellate court denied the petition, holding that any potential error could be adequately addressed on direct appeal a
• Sparton Corp. v. Neil
  Del. Ch.· 2018-06-18
  The court granted Defendants' motion for partial judgment on the pleadings, ordering the release of escrow funds, and granted Defendants' motion for interim attorneys' fees. The court found that Sparton had no contractual right to withhold the escrow funds under the Merger and Es
• C.H.-c. v. Miami Herald Publ'g Co.
  248 So. 3d 1234· Fla. 3d DCA· 2018-06-06
  A news organization seeking access to a redacted dependency hearing transcript meets the statutory requirement of having a 'proper interest' when it demonstrates its role as a surrogate for the public in reporting on the performance of child protective agencies and courts, provid
• CBS Corp. v. Nat'l Amusements, Inc.
  Del. Ch.· 2018-05-17
  The court denied plaintiffs' motion for a temporary restraining order, finding that while plaintiffs stated a colorable claim for breach of fiduciary duty, they failed to demonstrate irreparable harm. The court reasoned that available legal remedies, such as actions under Section
• Coconut Key Homeowners Assoc., Inc. v. Gonzalez
  Fla. 4th DCA· 2018-05-09
  A party who obtains an enforceable judgment on the merits, including affirmative equitable relief such as an injunction, is a prevailing party entitled to attorney's fees and costs under Florida law, even if no monetary damages are awarded. A mandatory injunction is properly issu
• Garrison Prop. & Cas. Ins. Co. v. Pasco-Pinellas Hillsborough Cmty. Health Sys.
  9th Cir. Ct. App. Div.· 2018-02-05
  Garrison Property and Casualty Insurance Company appealed a trial court order denying its motion to dismiss or transfer venue based on a mandatory forum selection clause in an insurance policy. The appellate court granted certiorari, holding that the trial court departed from the
• See Shell v. Foulkes
  9th Cir. Ct. App. Div.· 2018-01-29
  Auto Glass America appealed from a trial court order that abated part of its complaint and required appraisal of disputes, but the appellate court lacked jurisdiction because the order was non-final. The court treated the appeal as a petition for certiorari and denied it, finding
• US Bank Nat'l Ass'n v. Tranumn
  247 So. 3d 567· Fla. 1st DCA· 2018-01-01
  The severance of counterclaims and affirmative defenses that are inextricably intertwined with a lender's foreclosure claim constitutes a departure from the essential requirements of law causing irreparable harm, warranting certiorari relief and remand for trial of all claims tog
• State v. Bayfront HMA Med. Ctr., LLC
  Fla. 1st DCA· 2018-01-01 ·via Likelihood Of Irreparable Harm
  A hospital seeking a temporary injunction against a competitor's provisional trauma center operation must establish all four elements for injunctive relief with competent, substantial evidence, and failure to prove any element is fatal to the motion. The Department of Health may
• Zeinab Abbas
  9th Cir. Ct. App. Div.· 2017-09-29
  Petitioner Zeinab Abbas sought certiorari review of a trial court's denial of her motion to strike portions of a foreclosure complaint as sham pleadings. The appellate court summarily denied the petition, holding that any error in the trial court's order could be corrected on dir
• The Fla. Dep't OF Transp. v. Tropical Trailer Leasing, L.L.C.
  227 So. 3d 715· Fla. 3d DCA· 2017-09-20
  The court held that the trial court did not depart from the essential requirements of law by compelling FDOT to produce toll data, as the information was relevant and confidentiality could be protected.
• State v. Cummins
  225 So. 3d 417· Fla. 5th DCA· 2017-09-07
  Florida's petition for writ of certiorari to challenge a discovery order requiring disclosure of which jail calls would be introduced at trial is dismissed because the State failed to demonstrate irreparable harm, despite the order departing from essential legal requirements.
• Wamsley v. Annmarie Wamsley
  225 So. 3d 402· Fla. 2d DCA· 2017-08-25
  This case concerns whether a trial court's order determining which of two modification petitions is operative in a post-dissolution proceeding is appealable. The Florida District Court of Appeal, Second District, dismissed the appeal for lack of jurisdiction, holding that the ord
• IN the Interest OF I.N. v. Dep't of Child. & Families Ad Litem Program
  224 So. 3d 900· Fla. 2d DCA· 2017-08-23
  The Florida Second District Court of Appeal quashed a dependency court order granting reunification between a father and his young daughter (I.N.) based on the court's departure from essential legal requirements. The court found that the dependency judge failed to properly apply
• GEICO Gen. Ins. Co. v. Nocella
  224 So. 3d 870· Fla. 2d DCA· 2017-08-16
  The court held that the trial court erred in joining GEICO to the judgment because the motion was filed after the statutory and rule-based deadlines.
• Dionel Rodriguez v. IPC Int'l Corp. & Liberty Mut.
  223 So. 3d 475· Fla. 1st DCA· 2017-08-07
• K.C. v. Dep't OF Child. & Families
  220 So. 3d 579· Fla. 1st DCA· 2017-07-06
  Mother appealed a post-disposition dependency order changing the child's permanency goal to permanent guardianship. The court dismissed the appeal because the order was not final, as judicial labor remained to achieve permanency, and allowed Mother to seek review after a final or
• McMahan v. McMahan
  223 So. 3d 391· Fla. 1st DCA· 2017-06-27
  In this dissolution of marriage case, the wife sought certiorari review of the trial court's order denying her request to physically attend her incarcerated husband's deposition while allowing telephonic attendance. The First District Court of Appeal denied the petition, holding
• Jiminez v. United Parcel Serv. & Liberty Mut.
  226 So. 3d 317· Fla. 1st DCA· 2017-06-19
• Lerma-Fusco v. Smith
  220 So. 3d 562· Fla. 5th DCA· 2017-06-16
  Janie Lerma-Fusco, as personal representative of her deceased husband Franco Fusco's estate, appealed orders setting aside a strike of creditors' claim and granting a temporary injunction freezing estate assets. The Fifth District Court of Appeal dismissed the first appeal as non
• Sixth St. P'rs Mgmt. Co., L.P. v. Dyal Cap. P'rs III (A LP
  Del. Ch.· 2017-06-16
  The court denied the motion for a preliminary injunction, finding that the plaintiff failed to demonstrate a reasonable probability of success on the merits or a threat of irreparable injury. The court interpreted the "Transfer Restriction" in the investment agreement to apply on
• Kidde Fire Trainers, Inc. v. McCrea
  221 So. 3d 756· Fla. 3d DCA· 2017-06-14
  The appellate court denied a petition for writ of certiorari, finding that the trial court did not abuse its discretion by waiving the work-product privilege for certain emails due to the defendant's intentional discovery violations. The ruling emphasizes the trial court's broad
• Berto v. Meridian Tr. Co.
  221 So. 3d 757· Fla. 3d DCA· 2017-06-14 ·via Irreparable Injury
  Appellants Marcus Berto and Werner Batista appealed an ex parte temporary injunction freezing nearly $63 million in assets in Florida. The Florida District Court of Appeal reversed and remanded, finding the trial court's order facially deficient and that the allegations were insu