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

• Doke v. Peek
  45 Fla. 244· Fla.· 1903-01-01 ·cited 8×
  The court reversed a temporary injunction granted to a timber owner, finding that the owner did not meet the statutory requirements for enjoining trespassers and failed to demonstrate irreparable harm or sufficient proof of insolvency.
• Williams v. Victim Just., P.C.
  198 So. 3d 822· Fla. 2d DCA· 2016-03-09 ·cited 7×·via Likelihood Of Irreparable Harm
  Williams appeals an order freezing settlement funds held in her attorney's trust account to preserve assets for a quantum meruit claim by former counsel. The court reverses, holding that the trial court committed legal error by granting a temporary injunction without sufficient f
• Transunion Risk & Alternative Data Solutions, Inc. v. Reilly
  181 So. 3d 548· Fla. 4th DCA· 2015-12-02 ·cited 7×·via Presumption Of Irreparable Injury
  TransUnion Risk and Alternative Data Solutions appealed the denial of a preliminary injunction to enforce a non-compete agreement against former employee James Reilly. The Fourth District Court of Appeal reversed and remanded, holding that the trial court misapplied the statutory
• United States v. Demesmin
  2015 U.S. Dist. LEXIS 22253· M.D. Fla.· 2015-01-15 ·cited 7×
  The court held that the defendants' motions to dismiss based on lack of subject matter jurisdiction and failure to state a claim were denied, as the government adequately pleaded jurisdiction and stated plausible claims for injunctive relief and disgorgement.
• DeSILVA v. First Cmty. Bank OF Am.
  42 So. 3d 285· Fla. 2d DCA· 2010-08-04 ·cited 7×
  DeSilva appeals the trial court's order appointing a receiver without notice or hearing in a foreclosure action. The appellate court reversed, holding that the bank failed to demonstrate the urgent need and irreparable harm required under Florida Rule of Civil Procedure 1.610 to
• Flood v. Stumm
  989 So. 2d 1240· Fla. 4th DCA· 2008-09-10 ·cited 7×
  The court held that a party's mental health is not automatically an element of a claim or defense in a modification of a paternity judgment, and thus the psychotherapist-patient privilege generally applies to their records.
• H & M Hearing Assocs., LLC v. Nobile
  950 So. 2d 501· Fla. 2d DCA· 2007-03-02 ·cited 7×·via Presumption Of Irreparable Injury
  H & M Hearing Associates appeals the trial court's denial of a temporary injunction against former employee Nobile for violating a covenant not to compete. The court reverses and remands because the trial court failed to address whether Nobile's ongoing financial support and guar
• Beverly Enterprises-Florida, Inc. v. Lane
  855 So. 2d 1172· Fla. 5th DCA· 2003-10-03 ·cited 7×
  Beverly Enterprises sought certiorari review of a trial court's order reinstating a nursing home negligence action that had been previously dismissed for failure to prosecute. The appellate court denied the petition, holding that an order denying a motion to dismiss for lack of p
• Palmer v. Braun
  155 F. Supp. 2d 1327· M.D. Fla.· 2001-07-30 ·cited 7×
  The court held that the plaintiff's likelihood of success on the merits of their copyright infringement claim was too tenuous to warrant injunctive relief.
• Deltona Transformer Corp. v. Wal-Mart Stores, Inc.
  115 F. Supp. 2d 1361· M.D. Fla.· 2000-01-11 ·cited 7×
  Deltran sought a preliminary injunction to prevent Wal-Mart from using the trademark "BATTERY TENDER" on battery chargers, alleging trademark infringement, false designation, dilution, and unfair competition. The court denied the preliminary injunction, finding that Deltran faile
• Callins v. State
  747 So. 2d 453· Fla. 4th DCA· 1999-12-15 ·cited 7×
  The court held that a defendant cannot seek certiorari review of a pretrial order denying a motion for a statement of particulars because any alleged error can be reviewed on direct appeal from a conviction.
• Thomas v. Alloy Fasteners, Inc.
  664 So. 2d 59· Fla. 5th DCA· 1995-12-08 ·cited 7×
  A temporary injunction may be issued for threatened misappropriation of trade secrets under the Uniform Trade Secrets Act, even without proof of actual use, but cannot prohibit customer solicitation absent a non-compete agreement or proof of trade secret use for solicitation.
• Burger King Corp. v. Majeed
  805 F. Supp. 994· S.D. Fla.· 1992-08-21 ·cited 7×
  Burger King Corporation sought a preliminary injunction to prevent terminated franchisees from continuing to operate restaurants and use Burger King trademarks without authorization. The defendants, former franchisees whose franchises were terminated for nonpayment of royalties a
• Camji v. Helmsley
  602 So. 2d 617· Fla. 3d DCA· 1992-07-07 ·cited 7×
  Property owners appealed a trial court order that enjoined them from removing a garbage bin from their property, which neighboring defendants claimed to have a right to use via an easement. The appellate court reversed, holding that the order constituted a temporary injunction th
• Haitian Refugee Ctr., Inc. v. Nelson
  694 F. Supp. 864· S.D. Fla.· 1988-08-22 ·cited 7×
  The court held that it has jurisdiction to hear the case challenging the implementation of the SAW program, and granted the plaintiffs' motion for a preliminary injunction.
• Fla. Pest Control & Chem. Co. v. Thomas
  520 So. 2d 669· Fla. 1st DCA· 1988-02-24 ·cited 7×
  The Florida District Court of Appeal reversed an injunction that failed to enforce a non-compete clause in an employment contract. The court held that a trial court cannot rewrite or omit provisions from a clear and unambiguous contract, even if it believes a provision is overly
• Cap. Tool & Mfg. Co., Inc. v. Maschinenfabrik Herkules
  837 F.2d 171· 4th Cir.· 1988-01-20 ·cited 7×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction, as the plaintiff failed to demonstrate irreparable injury or a likelihood of success on the merits.
• Wilkerson v. Bowen
  828 F.2d 117· 3d Cir.· 1987-08-31 ·cited 7×
  The court held that satisfied claims do not automatically disqualify named plaintiffs from representing a class, and that exhaustion of administrative remedies can be waived when challenges are collateral to substantive claims and irreparable injury would result from enforcement.
• Kessel Constr. Corp. & Aetna Ins. Co. v. Clark-Haney Dev. Team
  487 So. 2d 1123· Fla. 4th DCA· 1986-04-16 ·cited 7×
• Wis. Real Est. Inv. Tr. v. Rouse
  466 So. 2d 289· Fla. 5th DCA· 1985-02-21 ·cited 7×
  The trial court erred in issuing a preliminary injunction because the party seeking it failed to demonstrate irreparable injury and the circuit court exceeded its jurisdiction by enjoining an eviction action.
• Jones v. The Bd. OF Governors OF the Univ. OF N.C. & its constituent Inst. The Univ. of N.C. at Charlotte
  704 F.2d 713· 4th Cir.· 1983-04-01 ·cited 7×
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction reinstating the student, as grave questions of procedural due process were presented and the balance of hardships favored the student.
• Mid-Fla Coin Exch., Inc. v. Griffin
  529 F. Supp. 1006· M.D. Fla.· 1981-12-16 ·cited 7×
  The court held that abstention doctrines (Pullman and Younger) were not applicable, and plaintiffs were entitled to preliminary injunctive relief regarding the challenged statutes.
• Gajon BAR & Grill, Inc. v. Kelly
  508 F.2d 1317· 2d Cir.· 1974-12-05 ·cited 7×
  The court held that federal courts should not interfere with pending state court proceedings unless absolutely necessary to prevent irreparable injury to constitutional rights, and that a corporation does not possess First Amendment free speech rights.
• Arco Fuel OIL Co., Inc. v. Atl. Richfield Co.
  427 F.2d 517· 2d Cir.· 1970-05-08 ·cited 7×·via Irreparable Damage
  The court held that the trial judge did not abuse his discretion in denying a temporary injunction, as the balance of convenience did not warrant interlocutory relief.
• Barnett Sarfaty v. Nowak
  369 F.2d 256· 7th Cir.· 1966-10-05 ·cited 7×
  The District Court properly applied the doctrine of abstention and was justified in declining jurisdiction, and did not err in denying leave to amend the complaint.
• N. Dade Water Co. v. Adken Land Co., Inc.
  130 So. 2d 894· Fla. 3d DCA· 1961-05-25 ·cited 7×·via Irreparable Damage
  North Dade Water Company and the City of North Miami Beach discharged sewage effluent from a treatment plant into lakes owned by Adken Land Company, creating a private nuisance and trespass. The trial court permanently enjoined this discharge, and the appellate court affirmed, ho
• Town OF Flagler Beach v. Green
  83 So. 2d 598· Fla.· 1955-11-16 ·cited 7×
  The Town of Flagler Beach sought to build a recreation building on publicly dedicated land. The Florida Supreme Court reversed an injunction against construction, holding that a recreation building is consistent with the land's dedication for public recreation purposes and that t
• City of Miami Beach v. Benhow Realty, Inc.
  168 F.2d 378· 5th Cir.· 1948-06-04 ·cited 7×
  The court held that the preliminary injunction was properly issued because the allegations presented grave questions regarding the ordinance's arbitrary enforcement and potential violation of constitutional rights, and the injury to appellees would be irreparable if denied.
• Fleming v. State Rd. Dep't of the State of Fla.
  157 Fla. 170· Fla.· 1946-03-08 ·cited 7×
  The Florida Supreme Court held that property owners abutting a state highway have a right to convenient ingress and egress facilities, and may seek equitable relief when a public authority materially abridges these rights. The court reversed a dismissal of a bill of complaint see
• Mills v. Hamm
  102 F.4th 1245· 11th Cir.· 2024-05-28 ·cited 6×
  The court held that the inmate failed to establish a substantial likelihood of success on the merits or that the equities favored a stay of execution, and therefore denied the motion for a stay.
• City OF Miami v. Santos
  315 So. 3d 115· Fla. 3d DCA· 2019-08-21 ·cited 6×·via Likelihood Of Irreparable Harm
  The City of Miami appeals a trial court's order that stayed an internal administrative hearing and allowed an employee to bring multiple attorneys, contrary to city procedures. The appellate court reversed, finding the order constituted an improper temporary injunction issued wit
• Project v. Kemp
  918 F.3d 1262· 11th Cir.· 2019-03-21 ·cited 6×
  In this consolidated appeal, the Eleventh Circuit considered whether Georgia's absentee voting procedures violated procedural due process by rejecting mail-in ballots with perceived signature mismatches without providing notice, an opportunity to be heard, or a chance to appeal b
• Kobi Karp Architecture & Interior Design, Inc. v. Charms 63 Nobe, LLC
  166 So. 3d 916· Fla. 3d DCA· 2015-06-17 ·cited 6×
  Kobi Karp Architecture sought certiorari to quash a discovery order compelling six of its clients to produce contracts and communications with Kobi Karp. The Florida appellate court granted the petition, finding the discovery order caused irreparable harm by requiring production
• Bronstein v. Tal Bronstein
  167 So. 3d 462· Fla. 3d DCA· 2015-05-20 ·cited 6×
  A Florida appellate court granted a petition for writ of certiorari and quashed a trial court's order that temporarily modified a parenting plan based on unverified allegations of fraud, holding that the trial court departed from essential requirements of law by modifying custody
• Avalon Legal Info. Servs., Inc. v. Keating
  110 So. 3d 75· Fla. 5th DCA· 2013-03-08 ·cited 6×·via Presumption Of Irreparable Injury
  Avalon Legal Information Services and Judy Schneider appealed a temporary injunction enjoining them from violating a non-compete/non-solicitation covenant in favor of Gerard Keating. The court affirmed the injunction and bond amount but remanded for modification of the injunction
• Hunter v. Hunter
  36 So. 3d 148· Fla. 2d DCA· 2010-05-26 ·cited 6×·via Immediate And Irreparable Injury
  In a dissolution of marriage case, the trial court granted the wife's emergency ex parte motion for exclusive use and possession of the marital home and ordered the husband to return personal property within 24 hours. The appellate court reversed, holding that the motion and orde
• Global Tel Link Corp. v. Scott
  652 F. Supp. 2d 1240· M.D. Fla.· 2009-07-28 ·cited 6×
  The court held that the plaintiff was entitled to a preliminary injunction compelling the Sheriff's Office to engage in alternative dispute resolution as per the contract, but denied other injunctive relief against the Sheriff's Office and DSI/ITI due to failure to meet the likel
• Walsh v. PAW Trucking, Inc.
  942 So. 2d 446· Fla. 2d DCA· 2006-11-22 ·cited 6×·via Presumption Of Irreparable Injury
  A trial court must make specific factual findings to support the entry of a temporary injunction enforcing a covenant not to compete.
• Cooper v. Thomas Craig & Co., LLP
  906 So. 2d 378· Fla. 2d DCA· 2005-07-22 ·cited 6×·via Presumption Of Irreparable Injury
  The court held that the trial court did not err in denying the motion to modify or dissolve the temporary injunction, affirming the order.
• Merrill Lynch v. Dunn
  191 F. Supp. 2d 1346· M.D. Fla.· 2002-03-18 ·cited 6×
  The court held that a preliminary injunction was warranted to prevent former employees from soliciting clients and using confidential customer information, as the plaintiff demonstrated a likelihood of success on the merits, irreparable harm, a favorable balance of harms, and tha
• ST. Paul Fire & Marine INS. Co. v. Marina BAY Resort Condo. Assoc., Inc.
  794 So. 2d 755· Fla. 1st DCA· 2001-09-26 ·cited 6×
  St. Paul Fire and Marine Insurance Company sought a writ of certiorari to overturn a trial court order requiring parties already represented by Florida attorneys to retain local counsel in Okaloosa County within ten days. The court granted the petition, holding that the trial cou
• LaRoche v. Denny's, Inc.
  62 F. Supp. 2d 1366· S.D. Fla.· 1999-07-26 ·cited 6×
  The court held that while the December 19, 1997 incident did not present sufficient evidence of discrimination to proceed, the January 2, 1998 incident, involving a manager's discriminatory remarks and actions, could lead to vicarious liability for the employer under agency princ
• CBS, Inc. v. PrimeTime 24 Joint Venture
  9 F. Supp. 2d 1333· S.D. Fla.· 1998-05-13 ·cited 6×
  The court held that the Satellite Home Viewers Act's definition of 'unserved household' relies on an objective FCC standard for signal intensity, not subjective subscriber reports of picture quality. PrimeTime 24's reliance on subscriber self-reporting is insufficient to comply w
• Carnegie v. Tedder
  698 So. 2d 1310· Fla. 2d DCA· 1997-09-05 ·cited 6×·via Irreparable Damage
  The Florida District Court of Appeal reversed a trial court's order closing civil case files, holding that a party seeking closure in a civil proceeding must satisfy the stringent Barron test, which requires showing that matters are peripheral rather than inherent to the litigati
• Calzon v. Cap. Bank
  689 So. 2d 279· Fla. 3d DCA· 1995-11-29 ·cited 6×
  The court held that ordering the creation of a log detailing the general contents of privileged documents, without an in camera inspection, constitutes a departure from the essential requirements of law and may cause irreparable injury.
• U.S. 1 Off. Corp. v. Falls Home Furnishings, Inc.
  655 So. 2d 209· Fla. 3d DCA· 1995-05-24 ·cited 6×·via Likelihood Of Irreparable Harm
  U.S. 1 Office Corp. appeals from a trial court order granting Falls Home Furnishings, Inc. a temporary injunction preventing U.S. 1 from interfering with Falls' advertising sign on U.S. 1's building. The appellate court affirmed, finding the trial court did not abuse its discreti
• Vill. KEY & SAW Shop, Inc. v. Gupton
  639 So. 2d 102· Fla. 5th DCA· 1994-06-10 ·cited 6×
  Village Key & Saw Shop appealed a trial court's partial enforcement of a non-compete clause against former employee Joseph Gupton. The appellate court reversed, holding that under the 1989 version of Florida's non-compete statute applicable to the 1989 contract, the trial court e
• Senate OF THE State OF Cal. v. Mosbacher
  968 F.2d 974· 9th Cir.· 1992-07-06 ·cited 6×
  The dissenting judge would affirm the preliminary injunction, leaving redistricting decisions to the states.
• AGS Computer Servs., Inc. v. Rodriguez
  592 So. 2d 801· Fla. 4th DCA· 1992-02-05 ·cited 6×
• Glenwood Bridge, Inc. v. City OF Minneapolis
  940 F.2d 367· 8th Cir.· 1991-08-02 ·cited 6×
  The court held that the appellant failed to demonstrate irreparable injury or a sufficient likelihood of success on the merits to warrant injunctive relief.