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

• Douberley v. Perlmutter
  219 So. 3d 854· Fla. 4th DCA· 2017-05-24
  The court held that the attorney was denied due process because the trial court compelled testimony regarding attorney-client privilege without providing an evidentiary hearing.
• Rhoades v. Lilmissette Rodriguez
  212 So. 3d 1140· Fla. 5th DCA· 2017-03-17
  The court denied the petition for writ of certiorari, finding no departure from essential requirements of law causing irreparable harm.
• Shawe v. Elting
  Del.· 2017-02-13 ·via Irreparable Injury
  The Delaware Supreme Court affirmed the Court of Chancery's judgment appointing a custodian to sell TransPerfect Global, Inc. The Court held that the custodian statute (8 Del. C. § 226) permits the appointment of a custodian for stockholder and director deadlock, even in a profit
• Howmedica Osteonics Corp. v. Trowbridge
  211 So. 3d 114· Fla. 4th DCA· 2017-01-25
  Howmedica Osteonics Corporation sought certiorari review of a trial court order denying its request to redact identifying information from reports of foreign voluntary reporters of adverse events related to medical devices. The Florida Fourth District Court of Appeal held that fe
• Keys Country Resort, LLC v. Fla. Cmty. Bank, N.A.
  211 So. 3d 239· Fla. 3d DCA· 2017-01-18
• Aligned Bayshore Marina, LLC v. Am. Watersports Coconut Grove, LLC
  207 So. 3d 331· Fla. 3d DCA· 2016-11-23
  Aligned Bayshore Marina appeals a trial court's temporary injunction order. The court quashes the injunction because it fails to comply with Florida Rule of Civil Procedure 1.610, specifically by lacking required factual findings explaining the reasons for entry and failing to re
• Tyco Fire Prods., L.P. v. 2711 Hollywood Beach Condo. Ass'n, Inc.
  207 So. 3d 299· Fla. 3d DCA· 2016-11-16
  Tyco Fire Products and Allied Tube & Conduit sought a writ of certiorari to prevent disclosure of five documents they claimed were protected by attorney-client privilege and work product doctrine in a products liability lawsuit involving fire sprinkler defects. The Florida Distri
• Florida Democratic Party v. Scott
  2016 U.S. Dist. LEXIS 142064· N.D. Fla.· 2016-10-10 ·via Irreparable Injury
  The court granted a temporary restraining order, finding Florida's voter registration deadline unconstitutional as applied due to Hurricane Matthew, and extended the deadline.
• Kuhn Constr. Co. v. Dep't of Transp.
  Del. Ch.· 2016-08-17
  The court granted a temporary restraining order, preventing the Delaware Department of Transportation (DelDOT) from awarding a construction contract to another bidder, but denied the request for a mandatory injunction to rebid the project. The court found that while DelDOT violat
• Page 1 of 21
  Del. Ch.· 2016-07-11
  The Court of Chancery should grant injunctive relief to Ambient Heating and Cooling, LLC (Ambient LLC) against Ambient, finding that Ambient's use of the name "Ambient" infringes on Ambient LLC's common law trademark rights and violates Delaware's Deceptive Trade Practices Act. T
• THE Williams Cos., Inc. v. C.A. No. 12168-VCG Energy Transfer Equity, L.P.
  Del. Ch.· 2016-06-24
  The Court of Chancery denied Williams' request to enjoin Energy Transfer Equity (ETE) from terminating the merger agreement based on the failure of a condition precedent. The court found that ETE's tax counsel, Latham & Watkins LLP, had in good faith determined it could not issue
• Flores v. Lopez
  197 So. 3d 594· Fla. 3d DCA· 2016-06-08
  Maria Mercedes Flores appealed from trial court orders denying her motion to dismiss an annulment action and a protective order, and granting a motion to compel execution of a quit claim deed from a prenuptial agreement. The court dismissed both the certiorari petition and interl
• Brown Bros. v. Chronus
  9th Cir. Ct. App. Div.· 2016-04-20
  Brown Brothers sought to increase a construction lien transfer bond to cover attorney's fees incurred under a contingency fee agreement. The Ninth Judicial Circuit Court of Appeals affirmed the trial court's order increasing the security by $7,000, holding that contingency fee ag
• Toomey v. The N. Tr. Co.
  182 So. 3d 891· Fla. 3d DCA· 2016-01-12 ·via Irreparable Injury
  The appellate court granted a petition for a writ of certiorari to quash a protective order that prevented the deposition of a terminally ill witness. The court found that denying discovery in such circumstances causes irreparable harm that cannot be remedied on appeal.
• Amlong and Amlong v. Semo
  15th Cir. Ct. App. Div.· 2015-11-09 ·via Irreparable Injury
  Amlong & Amlong, a Broward County law firm, sought certiorari review of a trial court's denial of its motion to transfer venue in a small claims action filed by former client Laurie Semo in Palm Beach County. The appellate court granted the petition, holding that venue was improp
• Gomez v. Gomez
  176 So. 3d 390· Fla. 3d DCA· 2015-10-21
• Gold Coast v. State Farm
  15th Cir. Ct. App. Div.· 2015-10-20
  Gold Coast Chiropractic Center sought certiorari review of a discovery order requiring disclosure of reimbursement amounts it accepted from insurers and cash patients for specific CPT codes. The court dismissed the petition, holding that price terms alone, absent disclosure of fo
• Progressive Am Ins v. Collision Concepts of Delray
  15th Cir. Ct. App. Div.· 2015-09-28
  Progressive American Insurance Company sought a writ of certiorari to review a county court's denial of its motion to compel appraisal in a dispute with a collision repair shop over the amount of loss for vehicle repairs. The appellate court granted the petition, holding that the
• Utilisave, LLC v. Miele
  Del. Ch.· 2015-09-17
  The court denied the defendant's motion to dismiss the plaintiff's claim for specific performance of a confidentiality provision in an LLC operating agreement, finding it reasonably conceivable that the provision survived the termination of the defendant's membership interest and
• Fla. Dep't OF Child. & Families v. N.H.
  174 So. 3d 572· Fla. 3d DCA· 2015-09-02 ·via Irreparable Injury
  The Florida Department of Children and Families sought certiorari to quash a circuit court order excusing a father from compliance with a dependency case plan. The court granted the petition, holding that the trial court lacked legal authority to eliminate case plan tasks where r
• State Farm v. Premier Diagnostics
  15th Cir. Ct. App. Div.· 2015-08-28
  State Farm sought a writ of certiorari to quash a trial court's denial of its motion for a protective order preventing depositions of State Farm's corporate representative on topics related to State Farm's payment methodology and rate-setting practices. The appellate court dismis
• Morgan v. Hewitt
  9th Cir. Ct. App. Div.· 2015-08-20
  Petitioners sought certiorari review of a county court order granting possession in an eviction action, claiming they had a vested ownership interest in the property under an alleged lease-to-own contract. The Ninth Judicial Circuit Court granted the petition, holding that the co
• Hoop Culture, Inc. v. Gap, Inc.
  M.D. Fla.· 2015-08-19 ·via Irreparable Injury
  The court held that the plaintiff failed to establish a substantial likelihood of success on the merits of its trademark infringement claim and failed to demonstrate irreparable injury, thus denying the motion for a preliminary injunction.
• Letchworth v. Pannone
  168 So. 3d 288· Fla. 5th DCA· 2015-06-26
  Charles Letchworth sought certiorari to quash a discovery order requiring production of financial documents held jointly with nonparties. The Florida Fifth District Court of Appeal granted the petition in part, holding that while Letchworth's personal financial information is dis
• Smith v. State
  165 So. 3d 781· Fla. 1st DCA· 2015-05-22
• State Farm v. Collision Concepts 02 2015
  15th Cir. Ct. App. Div.· 2015-02-12
  State Farm sought certiorari to quash trial court orders compelling production of its proprietary competitive pricing survey used in denying insurance claims. The appellate court agreed that the trial court failed to follow the mandatory three-step process for evaluating trade se
• Hankerson v. Wiley
  154 So. 3d 511· Fla. 4th DCA· 2015-01-07
  Hankerson, a defendant in an auto negligence case, seeks certiorari review of a trial court order permitting the plaintiff to view a post-accident surveillance video before her deposition. The appellate court grants the writ and quashes the trial court's order, holding that fairn
• State Farm v. Collision Concepts 01 2015
  15th Cir. Ct. App. Div.· 2015-01-06
  State Farm sought writs of certiorari to quash trial court orders compelling production of a competitive pricing survey used to determine repair cost estimates. The appellate court held that the trial court departed from essential legal requirements by ordering unredacted disclos
• Bioclin BV v. Multygyn USA, LLC
  2014 U.S. Dist. LEXIS 174135· M.D. Fla.· 2014-12-17
  The court adopted the magistrate judge's report and recommendation, granting default judgment for injunctive relief against defendants for violating the Anticybersquatting Consumer Protection Act.
• AB Value P'rs, LP v. Kreisler Mfg. Corp.
  Del. Ch.· 2014-12-16
  The Court denied the Plaintiff's motion for a temporary restraining order (TRO) and motion to expedite. The Court found that the Plaintiff failed to demonstrate a colorable claim that the enforcement of the advance notice bylaw (ANB) would be inequitable, as required for a TRO. T
• The N. River Ins. § Co.
  Del.· 2014-11-06
  The Delaware Supreme Court affirmed the Court of Chancery's denial of North River's request for a permanent injunction. The Court held that North River failed to demonstrate that the equities weighed in its favor, as the requested injunction would not fully remedy the risk of inc
• Kakawi Yachting, Inc. v. Marlow Marine Sales, Inc.
  M.D. Fla.· 2014-10-03
  The court denied Marlow Marine Sales' motion for a preliminary injunction to stop arbitration proceedings in London, finding it unlikely to prevail on the merits and unlikely to suffer irreparable harm.
• STO Corp. v. Greenhut Constr. Co., Inc.
  146 So. 3d 534· Fla. 1st DCA· 2014-09-16
  STO Corp. petitioned for certiorari review of a discovery sanction order that deemed complaint paragraphs admitted after failing to comply with a production order. The court dismissed the petition, holding that certiorari review of non-final discovery sanctions is available only
• RCM LS II, LLC v. Lincoln Circle Assocs., LLC
  Del. Ch.· 2014-07-28
  The court held that the defendants breached the Right of First Offer (ROFO) Agreement by failing to provide a compliant "Property Offer Notice" before proceeding with negotiations and agreements with a third party, Rockrose. The notice failed to accurately state the sale price, o
• Moskovits v. Crystal House, Inc.
  141 So. 3d 259· Fla. 3d DCA· 2014-07-02
  Petitioner Moskovits sought mandamus and certiorari relief from a trial court's denial of his motion for summary judgment in a settlement agreement dispute. The Florida appellate court dismissed the petition, holding that Moskovits had no clear legal right to mandamus relief and
• Rodriguez v. Smith
  141 So. 3d 217· Fla. 3d DCA· 2014-05-21
  Franklin Rodriguez, the defendant in a personal injury lawsuit, sought a writ of certiorari to quash a discovery order compelling him to answer medical interrogatories about his own injuries from a motorcycle accident. The Florida Third District Court of Appeal dismissed the peti
• Stein v. R.J. Reynolds Tobacco Co.
  137 So. 3d 1126· Fla. 3d DCA· 2014-03-26
  James R. Stein appealed an order denying his motion to add his wife as a consortium plaintiff in a personal injury action against tobacco companies. The court dismissed the appeal as taken from a non-final, non-appealable order, and held that Stein's wife lacked standing to appea
• State v. Page-Martin
  135 So. 3d 491· Fla. 2d DCA· 2014-03-21
  The Florida Supreme Court's Second District affirmed that a trial court violated the State's fundamental right to exercise peremptory challenges by refusing to allow back strikes after a jury panel was seated but before it was sworn, even though the original jury venire had been
• State Farm v. Slossberg
  15th Cir. Ct. App. Div.· 2014-02-18
  State Farm sought certiorari relief from a trial court discovery order requiring production of documents and materials. The appellate court granted the petition in part, finding the burden argument insufficient for relief but determining that potential privilege issues required a
• Fcci Commercial Ins. Co., Inc. v. Armour
  132 So. 3d 864· Fla. 2d DCA· 2014-02-05 ·via Irreparable Injury
  The court held that a trial court erred in staying a declaratory judgment action concerning an insurer's duty to defend pending resolution of underlying actions, as this causes irreparable harm.
• USAA Cas. Ins. Co. v. Jeffrey
  9th Cir. Ct. App. Div.· 2014-01-05
  USAA sought certiorari review of a trial court order requiring production of its contract with a third-party claims administrator (AIS) in a bad faith insurance case. The appellate court granted the petition, finding that while the contract qualified as a trade secret, the plaint
• United States v. Scotton
  849 F. Supp. 2d 1332· S.D. Fla.· 2014-01-03 ·via Irreparable Injury
  The court granted in part and denied in part the defendant's motion to compel, based on his refusal to participate in a hearing.
• THE N. River Ins. Co. v. Civil Action No. 8456-VCG Mine Safety Appliances Co.
  Del. Ch.· 2013-12-20
  The Delaware Court of Chancery denied the insurer's request for a permanent injunction to prevent the insured from prosecuting claims in West Virginia. The court found that such an injunction would be ineffective to prevent the risk of inconsistent judgments because West Virginia
• State Farm Mut. Auto. Ins. Co. v. Billie Jean Pace, M.D.
  128 So. 3d 182· Fla. 5th DCA· 2013-12-06
  State Farm petitioned for a writ of certiorari to challenge a trial court order limiting its forensic accounting expert's testimony to deposition testimony from October 22, 2012, before he had formed any opinions due to incomplete discovery. The appellate court denied the petitio
• Armstrong v. NCL (Bahamas) Ltd.
  857 F. Supp. 2d 1236· S.D. Fla.· 2013-11-26 ·via Irreparable Injury
  The court held that the Convention on Recognition and Enforcement of Foreign Arbitral Awards did not apply because the parties' relationship lacked a sufficient nexus to a foreign state, thus federal courts lacked subject matter jurisdiction.
• Quamina v. Deutsche Bank Nat'l Tr. Co.
  132 So. 3d 259· Fla. 4th DCA· 2013-11-20 ·via Irreparable Injury
• Fed. Trade Comm'n v. IAB Mktg. Assocs., LP
  833 F. Supp. 2d 673· S.D. Fla.· 2013-09-18 ·via Irreparable Injury
  The court held that the defendants failed to demonstrate a likelihood of success on appeal and that equity favored preserving frozen assets for consumer redress over allowing defendants to use them for living expenses.
• Developers Sur. & Indem. Co. v. Bi-Tech Constr., Inc.
  822 F. Supp. 2d 1125· S.D. Fla.· 2013-08-19
  A surety is entitled to a preliminary injunction compelling an indemnitor to deposit collateral when the surety establishes a reserve account for potential liability under a bond and the indemnitor refuses to deposit the collateral as required by their indemnity agreement.
• Abdullah v. Migoya
  810 F. Supp. 2d 771· S.D. Fla.· 2013-06-28 ·via Irreparable Injury
  The court held that the plaintiff, a "three-striker" under the PLRA, failed to demonstrate he was in imminent danger of serious physical injury at the time of filing his complaint, thus he could not proceed in forma pauperis.
• The Council of the Pointe at Bethany Bay Condos. v. Higgins
  Del. Ch.· 2013-06-03
  The court recommends denial of the plaintiff's motion for summary judgment. Genuine issues of material fact exist regarding the necessity and good faith of the plaintiff's mold testing and remediation project, as well as whether the defendants are being singled out for harmful tr