Irreparable Injury

1,544 Florida cases classified under this topic, plus 167 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Redac Project 6426, Inc. v. Allstate Ins. Co.
  402 F.2d 789· 2d Cir.· 1968-11-07 ·cited 12×
  A district court does not abuse its discretion by denying a preliminary injunction motion without oral testimony if the existing record adequately addresses the issues.
• Kontes Glass Co. v. LAB Glass, Inc.
  373 F.2d 319· 3d Cir.· 1967-02-23 ·cited 12×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiff failed to show a strong likelihood of success on the merits or irreparable injury.
• World Airways, Inc. v. Ne. Airlines, Inc.
  349 F.2d 1007· 1st Cir.· 1965-08-30 ·cited 12×·via Irreparable Damage
  The court held that a sales agency agreement between an air carrier and a travel agency violated the carrier's certificate of authority by engaging in prohibited charter trip arrangements, and that the district court had jurisdiction to enjoin such violations.
• Airport Comm'n OF Forsyth Cnty. v. Civil Aeronautics Bd.
  296 F.2d 95· 4th Cir.· 1961-10-25 ·cited 12×
  The court denied the motion for a stay of the Civil Aeronautics Board order, finding that the petitioners had not met the criteria for extraordinary relief.
• Gen. Elec. Co. v. Callahan
  294 F.2d 60· 5th Cir.· 1961-08-24 ·cited 12×
  A federal court may enjoin a state board from acting in a labor dispute when federal law has preempted the field, as state action would conflict with federal policy encouraging voluntary collective bargaining.
• McDONALD v. Phinney
  285 F.2d 121· 5th Cir.· 1961-01-05 ·cited 12×·via Irreparable Damage
  The court held that the district court properly dismissed the complaint seeking to enjoin the assessment and collection of federal income taxes.
• Denton v. City of Carrollton
  235 F.2d 481· 5th Cir.· 1956-07-20 ·cited 12×
  The district court erred in declining jurisdiction; the exorbitant and punitive nature of the ordinance, coupled with uncertainty of tax recovery and risk of criminal penalties, warrants equitable relief.
• The Leiter Minerals, Inc. v. United States
  224 F.2d 381· 5th Cir.· 1955-06-30 ·cited 12×
  The court held that the federal district court properly granted a preliminary injunction and denied a motion to dismiss, asserting exclusive jurisdiction over the quiet title action concerning mineral rights.
• Phillips v. Sec. & Exch. Comm'n
  171 F.2d 180· 2d Cir.· 1948-12-06 ·cited 12×
  The court held that the Securities and Exchange Commission's actions were interpretative, procedural, and interlocutory, making them premature for review, and that the district court's stay order was not appealable.
• Fitzgerald v. Douds
  167 F.2d 714· 2d Cir.· 1948-04-29 ·cited 12×
  The court held that the district court correctly denied an injunction and dismissed the complaint because the suit was premature and failed to demonstrate irreparable injury.
• Decumbe v. Smith
  143 Fla. 5· Fla.· 1940-05-17 ·cited 12×
  This case concerns the denial of a property owner's request for an accounting and the appointment of a receiver after his hotel manager refused to relinquish possession or provide financial records. The appellate court found the lower court erred in denying these requests.
• Pohl Beauty Sch., Inc. v. City of Miami
  118 Fla. 664· Fla.· 1935-03-07 ·cited 12×
  Pohl Beauty School challenged a Miami ordinance regulating beauty culture schools, alleging that city officials were unlawfully refusing to renew the school's certificate of registration based on competitive self-interest rather than legitimate regulatory grounds. The Florida Sup
• Hobbs v. Chamberlain
  55 Fla. 661· Fla.· 1908-01-01 ·cited 12×
  This case concerns whether a statutory right to file an equitable plea in a law court is sufficient grounds to dissolve an injunction. The court held that it is not, as the statutory plea is permissive and may not provide a full equitable remedy, especially in limited jurisdictio
• Dep't OF Child. & Families v. W.H.
  109 So. 3d 1269· Fla. 1st DCA· 2013-04-03 ·cited 11×
  The Department of Children and Families sought certiorari review of a trial court order reunifying a child with her parents in a dependency case. The First District Court of Appeal quashed the order, finding that the trial court violated statutory requirements and due process by
• Polk Cnty. v. Mitchell
  931 So. 2d 922· Fla. 2d DCA· 2006-01-06 ·cited 11×·via Likelihood Of Irreparable Harm
  Polk County appealed the denial of its request for a temporary injunction against James Mitchell for repeatedly posting unauthorized business signs in violation of county ordinances. The court reversed, holding that a complaint seeking injunctive relief need not specify the exact
• Menke v. Broward Cnty. Sch. Bd.
  916 So. 2d 8· Fla. 4th DCA· 2005-09-28 ·cited 11×
  A teacher suspended for misconduct challenged an administrative order compelling production of all household computers for inspection by the school board's expert. The court granted the petition for certiorari, finding that unlimited access to computers would violate the teacher'
• Cosmic Corp. v. Miami-Dade Cnty.
  706 So. 2d 347· Fla. 3d DCA· 1998-01-21 ·cited 11×·via Likelihood Of Irreparable Harm
  Cosmic Corp. and Ian Davis appealed a temporary injunction issued by the trial court that would have forced their business (Coco's Lounge) to cease operations. The Third District Court of Appeal reversed, holding that the municipalities failed to meet the required burden for obta
• Laboratorios Roldan v. Tex Int'l, Inc.
  902 F. Supp. 1555· S.D. Fla.· 1995-09-19 ·cited 11×
  The court held that the plaintiff is entitled to a preliminary injunction because it has shown a substantial likelihood of prevailing on its Lanham Act claim due to the defendants' confusingly similar trade dress and trademark use.
• Concerned Parents to Save Dreher Park Ctr. v. City of W. Palm Beach
  846 F. Supp. 986· S.D. Fla.· 1994-03-01 ·cited 11×
  The court held that the elimination of recreational programs for individuals with disabilities violated Title II of the Americans with Disabilities Act, and granted a preliminary injunction.
• Atari Games Corp. & Tengen, Inc. v. Nintendo OF Am. Inc.
  975 F.2d 832· Fed. Cir.· 1992-09-10 ·cited 11×
  The court affirmed the preliminary injunction, finding Nintendo likely to succeed on its copyright infringement claim for unauthorized copying of its IONES program.
• Sandoz Pharms. Corp. v. Richardson-Vicks, Inc.
  902 F.2d 222· 3d Cir.· 1990-04-24 ·cited 11×
  A Lanham Act plaintiff must prove that advertising claims are literally false or misleading to the public, not merely that they are inadequately substantiated under FDA guidelines.
• Atari Games Corp. & Tengen, Inc. v. Nintendo OF Am., Inc.
  897 F.2d 1572· Fed. Cir.· 1990-03-07 ·cited 11×
  The court held that the district court abused its discretion by granting a preliminary injunction without sufficient factual findings and a proper legal basis.
• LEE v. Winston
  717 F.2d 888· 4th Cir.· 1983-09-14 ·cited 11×
  The court held that the involuntary surgical removal of a bullet from a suspect's body, under the circumstances presented, would violate the Fourth Amendment's protection against unreasonable searches. It also held that such a claim is cognizable under 42 U.S.C. § 1983, not habea
• Marathon OIL Co. v. United States Dep't OF Energy
  642 F.2d 436· Temp. Emer. Ct. App.· 1981-02-03 ·cited 11×
  The court held that the temporary crude oil allocation order was not ripe for judicial review because it was not a final agency action and did not cause irreparable harm.
• Pollgreen v. Morris
  496 F. Supp. 1042· S.D. Fla.· 1980-07-07 ·cited 11×
  The court held that due process requires a prompt post-seizure hearing for vessels seized under immigration laws, and that the administrative procedures offered were inadequate or unavailable.
• Saul v. Basse
  375 So. 2d 290· Fla. 2d DCA· 1979-04-25 ·cited 11×
  The court held that Section 718.401(4), Florida Statutes (1978 Supp.), mandating deposit of accrued rent into the court registry, is applicable in actions concerning lease obligations, even when the lessor's status is disputed.
• Parke v. Califano
  564 F.2d 1200· 6th Cir.· 1977-10-26 ·cited 11×
  The district court lacked jurisdiction to review the FDA's decision to initiate enforcement actions, as Parke Davis had an adequate remedy in the pending seizure actions.
• Drummond v. Fulton Cnty. Dep't OF Fam. & Child's. Servs.
  532 F.2d 1001· 5th Cir.· 1976-05-19 ·cited 11×
  The court denied the motion for an injunction pending appeal because the petitioners failed to demonstrate a likelihood of prevailing on the merits.
• Henry v. Greenville Airport Comm'n
  284 F.2d 631· 4th Cir.· 1960-12-01 ·cited 11×·via Irreparable Damage
  The court held that a district court has no discretion to deny a preliminary injunction when a plaintiff clearly establishes denial of a constitutional right by undisputed evidence.
• Fricker v. Peters & Calhoun Co.
  21 Fla. 254· Fla.· 1885-01-01 ·cited 11×
  The Florida Supreme Court reversed a Circuit Court order appointing a receiver without notice to the defendants, holding that while notice to the defendant is a strict requirement before appointing a receiver, even the recognized exception for grave emergencies was not satisfied
• Burns v. Sanderson
  13 Fla. 381· Fla.· 1869-01-01 ·cited 11×·via Irreparable Damage
  John Burns appealed an injunction granted to restrain him from interfering with his wife's separate property placed in trust. The Florida Supreme Court reversed, holding that the remedy for alleged interference with the property is at law, not in equity, and that a court of equit
• Leader Ent. S.A. v. Crom Prods., LLC
  S.D. Fla.· 2025-09-08 ·cited 10×·via Presumption Of Irreparable Injury
  Leader Entertainment S.A., an Argentinian children's entertainment company, sued Florida-based producers Crom Productions, LLC and Ancla Productions, Inc. for trademark infringement and unfair competition after they created and promoted a live children's show called "La Granja En
• Bowles v. Desantis
  934 F.3d 1230· 11th Cir.· 2019-08-19 ·cited 10×
  Death row inmate Gary Ray Bowles challenged Florida's denial of his request to have federally appointed habeas counsel represent him in state clemency proceedings, arguing that 18 U.S.C. § 3599 created an enforceable federal right to such representation under 42 U.S.C. § 1983. Th
• Laycock v. TMS Logistics, Inc.
  209 So. 3d 627· Fla. 1st DCA· 2017-01-19 ·cited 10×
  A plaintiff who won a $3.5 million jury verdict sought a writ of certiorari to prevent post-verdict juror interviews ordered by the trial court after allegations of juror misconduct. The First District Court of Appeal dismissed the petition, holding that the plaintiff failed to d
• Smart Pharmacy, Inc. v. Viccari
  213 So. 3d 986· Fla. 1st DCA· 2016-05-31 ·cited 10×·via Presumption Of Irreparable Injury
  Smart Pharmacy appealed the trial court's denial of its motion for a temporary injunction against a former employee and his new employer for breach of a noncompete agreement and misappropriation of trade secrets. The appellate court reversed, holding that Smart Pharmacy establish
• Haddad v. Arnold
  784 F. Supp. 2d 1284· M.D. Fla.· 2010-07-09 ·cited 10×
  The court held that the plaintiff had standing to sue and that preliminary injunctive relief was warranted, finding that unjustified institutional isolation of persons with disabilities constitutes discrimination under the ADA.
• Dunkin' Donuts Franchised Rests. LLC v. D & D Donuts, Inc.
  566 F. Supp. 2d 1350· M.D. Fla.· 2008-07-22 ·cited 10×
  The court granted Plaintiffs' motion for a preliminary injunction, finding a substantial likelihood of success on the merits for breach of contract, trademark infringement, and unfair competition claims.
• Royal Caribbean Cruises, Ltd. v. COX
  974 So. 2d 462· Fla. 3d DCA· 2008-01-23 ·cited 10×
  Royal Caribbean Cruises sought a writ of certiorari to review the trial court's denial of its motion to compel a supplemental independent medical examination (IME) of seaman Byron Cox after his second shoulder surgery. The Florida District Court of Appeal granted the petition, ho
• Schiavo Ex Rel. Schindler v. Schiavo
  357 F. Supp. 2d 1378· M.D. Fla.· 2005-03-22 ·cited 10×
  The court denied the motion for a temporary restraining order because the plaintiffs failed to establish a substantial likelihood of success on the merits of their claims.
• City OF Tampa v. McAFEE
  896 So. 2d 943· Fla. 2d DCA· 2005-03-09 ·cited 10×·via Likelihood Of Irreparable Harm
  The City of Tampa appeals orders granting class certification and a temporary injunction against enforcement of a motor vehicle impound ordinance (Section 14-27). The appellate court affirmed the temporary injunction but reversed and remanded the class certification order, findin
• Mariner Health Care v. Polly Y. Griffith
  898 So. 2d 982· Fla. 5th DCA· 2005-03-04 ·cited 10×
  Mariner Health Care sought a writ of certiorari to overturn a trial court's order bifurcating a negligence suit from a third-party complaint against a pest control company. The Florida appellate court held that certiorari is not the appropriate remedy for interlocutory orders and
• Keystone Creations, Inc. v. City OF Delray Beach
  890 So. 2d 1119· Fla. 4th DCA· 2004-11-24 ·cited 10×·via Presumption Of Irreparable Injury
  Keystone Creations appealed the trial court's enforcement of a settlement agreement and issuance of an injunction prohibiting further operation of its stone-cutting business in Delray Beach. After fifteen years of disputes over zoning compliance and site plan modifications, the c
• Jenkins v. The Honorable John D. Wessel
  780 So. 2d 1006· Fla. 4th DCA· 2001-03-28 ·cited 10×
  Carl Jenkins was convicted of criminal contempt for refusing to answer questions about a sexual assault allegation during a civil injunction hearing. The Florida Fourth District Court of Appeal reversed, holding that Jenkins properly invoked his Fifth Amendment privilege against
• Mercado Oriental, Inc. v. Maynor Marin
  725 So. 2d 468· Fla. 3d DCA· 1999-02-17 ·cited 10×·via Likelihood Of Irreparable Harm
  Mercado Oriental appeals a trial court order freezing $40,000 from company sale proceeds in an attorney's trust account pending resolution of an employee's lawsuit for overtime wages and other damages. The appellate court reverses, holding that the trial court failed to satisfy t
• Med. Facilities Dev., Inc. v. Little ARCH Creek Props., Inc.
  656 So. 2d 1300· Fla. 3d DCA· 1995-03-15 ·cited 10×·via Irreparable Damage
  Medical Facilities Development, Inc. filed a lis pendens against property owned by Little Arch Creek Properties, Inc. to preserve its claim in a specific performance action, preventing LACPI from completing a sale to another buyer. The Florida District Court of Appeal affirmed th
• Abernathy v. Southern California Edison
  885 F.2d 525· 9th Cir.· 1989-09-05 ·cited 10×
  Orders granting stays pending arbitration or compelling arbitration are not ordinarily appealable under 28 U.S.C. § 1292(a)(1) as injunctions, even if amended to expedite the process, absent extraordinary circumstances of irreparable harm.
• Richmond v. Off. OF Pers. Mgmt.
  862 F.2d 294· Fed. Cir.· 1988-12-02 ·cited 10×
  The government should not be estopped from enforcing a statute based on erroneous advice from its employee, especially when the recipient was not irreparably harmed and could have verified the information.
• Classic Components Supply, Inc. v. Mitsubishi Elecs. Am., Inc.
  841 F.2d 163· 7th Cir.· 1988-02-25 ·cited 10×
  The court denied the application for an injunction pending appeal because the moving party failed to demonstrate irreparable injury and the motion was frivolous.
• Bean v. Indep. Am. Sav. Ass'n
  838 F.2d 739· 5th Cir.· 1988-02-11 ·cited 10×
  The court held that a preliminary injunction should be granted pending appeal to prevent foreclosure, as the appellant is likely to succeed on the merits of their jurisdictional argument.
• T.K. Commc'ns, Inc. v. Herman
  505 So. 2d 484· Fla. 4th DCA· 1987-03-16 ·cited 10×·via Presumption Of Irreparable Injury
  T.K. Communications (WSHE) appeals the denial of a temporary injunction against former disc jockeys who breached a non-compete covenant by accepting employment at a competing radio station within the restricted period. The court reverses, holding that the employees violated the n