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

• U'Dreka Andrews v. State
  218 So. 3d 466· Fla. 1st DCA· 2017-05-02 ·cited 5×
  U'Dreka Andrews, an indigent defendant represented by pro bono counsel in a Miller resentencing proceeding, petitioned for certiorari to review the trial court's denial of her motion to file requests for expert appointments and costs ex parte and under seal to protect privileged
• Boardwalk & Baseball, Inc. v. City Ctr. Bonds, LLC
  161 So. 3d 402· Fla. 2d DCA· 2014-02-19 ·cited 5×
  Petitioners sought a writ of certiorari to quash a circuit court order compelling disclosure of emails they claimed were attorney-client privileged and establishing the respondent's entitlement to attorneys' fees as sanctions. The court dismissed the petition as moot regarding th
• Sunbeam Television Corp. v. Clear Channel Metroplex, Inc.
  117 So. 3d 772· Fla. 3d DCA· 2012-10-09 ·cited 5×·via Likelihood Of Irreparable Harm
  Sunbeam Television Corporation sought a stay pending appeal and alternatively a writ of mandamus from the Third District Court of Appeal. The court denied both motions without prejudice but extended a temporary stay for 30 days to allow Sunbeam to obtain a ruling on its stay moti
• ABC Charters, Inc. v. Bronson
  591 F. Supp. 2d 1272· S.D. Fla.· 2008-10-01 ·cited 5×
  The court held that the Florida Sellers of Travel Act Amendments likely violate the Supremacy Clause and Commerce Clause, and denied the motion to dismiss.
• Verlingo v. Telsey
  801 So. 2d 1009· Fla. 4th DCA· 2001-12-19 ·cited 5×
  A trial court's order staying proceedings pending arbitration, when the parties and claims are distinct and the defendants are not bound by the arbitration outcome, may constitute a departure from the essential requirements of law.
• Univ. Books & Videos, Inc. v. Metro. Dade Cnty.
  33 F. Supp. 2d 1364· S.D. Fla.· 1999-01-19 ·cited 5×
  The court granted plaintiffs' motion for a preliminary injunction, finding a substantial likelihood of success on their First Amendment claim regarding the zoning ordinance's limitations on adult entertainment establishments.
• Sierra Club v. Fed. Deposit Ins. Corp.
  992 F.2d 545· 5th Cir.· 1993-06-08 ·cited 5×
  The court held that the district court had jurisdiction to enjoin the FDIC, but vacated the injunction because the plaintiffs had not yet shown entitlement to relief and the district court failed to enter required findings of fact and conclusions of law.
• Merrill Lynch v. Hagerty
  808 F. Supp. 1555· S.D. Fla.· 1992-10-27 ·cited 5×·via Presumption Of Irreparable Injury
  The court held that the plaintiff demonstrated a likelihood of success on the merits, irreparable harm, and that the balance of harms and public interest favored granting a preliminary injunction.
• Weaver v. Univ. OF Cincinnati
  942 F.2d 1039· 6th Cir.· 1991-08-26 ·cited 5×
  The court held that the district court erred in denying a preliminary injunction because the agency shop fee collection scheme violated First Amendment rights under Hudson, and the issue was not moot despite subsequent renotification.
• City OF Mount Clemens v. United States Env't Prot. Agency
  917 F.2d 908· 6th Cir.· 1990-10-25 ·cited 5×
  The court held that the district court erred in granting summary judgment for failing to exhaust administrative remedies, but correctly denied the preliminary injunction and limited discovery.
• Chisom v. Buddy Roemer
  853 F.2d 1186· 5th Cir.· 1988-08-19 ·cited 5×
  The court held that a preliminary injunction to enjoin a state judicial election should not have been granted because the potential disruption to the state's judicial system and the disenfranchisement of voters outweighed the likelihood of irreparable harm to the plaintiffs, and
• Jupiter Wreck, Inc. v. the Unidentified
  691 F. Supp. 1377· S.D. Fla.· 1988-07-15 ·cited 5×
  The court held that the Eleventh Amendment bars the resolution of title to the res in federal court without state consent, thus a preliminary injunction cannot issue in the in rem action. The removed state law action must be remanded.
• Manley Abercrombie v. Off. OF the Comptroller OF the Currency
  833 F.2d 672· 7th Cir.· 1987-11-12 ·cited 5×
  The court held that the district court lacked jurisdiction to enjoin the Comptroller's assessment of civil money penalties because the Comptroller's actions were not a clear departure from statutory authority and adequate judicial review was available in the court of appeals.
• Cordis Corp. v. Medtronic, Inc.
  606 F. Supp. 132· S.D. Fla.· 1985-01-10 ·cited 5×
  The court granted the motion to establish an escrow fund for royalty payments and a preliminary injunction against termination of the license agreement.
• Swensen v. Lofton
  457 So. 2d 1069· Fla. 2d DCA· 1984-07-06 ·cited 5×·via Irreparable Damage
  This is an interlocutory appeal from an order granting a temporary injunction. The appellate court reversed the injunction order, holding that the appellees' application failed to allege sufficient facts to establish irreparable harm as required for equitable relief, and that the
• BAM Historic Dist. Ass'n v. Koch
  723 F.2d 233· 2d Cir.· 1983-12-02 ·cited 5×
  The court affirmed the denial of a preliminary injunction and the dismissal of the due process claim, holding that plaintiffs failed to state a claim upon which relief could be granted.
• Ochopee LP GAS Co. v. Evans GAS
  344 So. 2d 635· Fla. 2d DCA· 1977-04-13 ·cited 5×
• Bd. OF Pub. Instruction OF Dade Cnty. v. Dade Cnty. Classroom Teachers' Ass'n, Inc.
  243 So. 2d 210· Fla. 3d DCA· 1971-01-19 ·cited 5×
  The Board of Public Instruction of Dade County appealed from a judgment permanently enjoining it from requiring teachers to pass the National Teachers' Examination (NTE) as a condition of reappointment. The court affirmed the injunction as to the NTE specifically, holding that th
• Abernathy v. Patterson
  295 F.2d 452· 5th Cir.· 1961-10-31 ·cited 5×·via Irreparable Damage
  The court held that plaintiffs failed to demonstrate irreparable harm and had an adequate remedy at law through state court appeals, thus injunctive relief was not warranted.
• Wingate v. Otto Mach and Mary Selina Mosgrove
  114 Fla. 380· Fla.· 1934-04-02 ·cited 5×
  The Supreme Court denied an application for a constitutional writ, sought to preserve estate property pending an appeal. The writ was requested because the lower court denied a motion to appoint a receiver and injunction to manage a decedent's business during a will validity disp
• Winborne v. Hughey
  44 Fla. 739· Fla.· 1902-06-01 ·cited 5×
  Appellants Winborne and Camp Manufacturing Company appealed interlocutory orders granting and refusing to dissolve an injunction in a bill filed by appellee Hughey. The Supreme Court affirmed a related circuit court decree that canceled Hughey's tax deed as a cloud on appellants'
• Yorktown Sys. Grp. Inc. v. Threat TEC LLC
  108 F.4th 1287· 11th Cir.· 2024-07-19 ·cited 4×
  The Eleventh Circuit affirmed the district court's grant of a preliminary injunction, finding that the protégé (Threat Tec) likely breached its fiduciary duty to the mentor (Yorktown) by attempting to use a subcontract termination clause to steal the mentor's workshare on a gover
• GFA Int'l, Inc. v. Trillas
  327 So. 3d 872· Fla. 3d DCA· 2021-09-01 ·cited 4×·via Likelihood Of Irreparable Harm
  Violation of an enforceable restrictive covenant creates a statutory presumption of irreparable injury; when a party presents unrebutted evidence of such violation, a trial court abuses its discretion in denying a temporary injunction based on the availability of monetary damages
• Picture it Sold Photography, LLC v. Bunkelman
  287 So. 3d 699· Fla. 4th DCA· 2020-01-08 ·cited 4×·via Presumption Of Irreparable Injury
  Picture It Sold Photography appeals the denial of a temporary injunction to enforce a non-solicitation and non-compete agreement against former independent contractor Scott Bunkelman. The trial court found the restrictive covenants reasonable and that Bunkelman violated them, but
• State Farm Mut. Auto. Ins. Co. v. Premier Diagnostic Ctrs., LLC
  185 So. 3d 575· Fla. 3d DCA· 2016-01-27 ·cited 4×
  State Farm sought a writ of certiorari to quash trial court orders requiring it to produce adjusters' claims files to a medical care provider in first-party insurance cases. The Florida Third District Court of Appeal granted the petition, holding that an insurer's claim file is n
• Lutsky v. Schoenwetter
  172 So. 3d 534· Fla. 3d DCA· 2015-08-12 ·cited 4×
  The court held that an order granting a temporary injunction must specify the reasons for its entry and contain clear findings of fact supporting the four elements of an injunction, and that purely monetary injury is not irreparable.
• Tracfone Wireless, Inc. v. Clear Choice Connections, Inc.
  S.D. Fla.· 2015-04-27 ·cited 4×
  The court held that the plaintiff established a likelihood of success on the merits of its trademark infringement claim, justifying a preliminary injunction.
• Bill Kasper Constr. Co., Inc. v. Morrison
  93 So. 3d 1061· Fla. 5th DCA· 2012-06-08 ·cited 4×
  Bill Kasper Construction Company petitioned for a writ of certiorari to challenge a trial court's order striking its amended witness list containing three new expert witnesses. The Florida Fifth District Court of Appeal denied the petition, holding that certiorari relief is not w
• Briarwinds Condo. Ass'n, Inc. v. Marcene Rigsby and Denny Wood
  51 So. 3d 532· Fla. 3d DCA· 2010-12-15 ·cited 4×
  The Briarwinds Condominium Association appealed a trial court's grant of a motion for judgment on the pleadings dismissing its injunctive relief claim against a condominium tenant. The Third District Court of Appeal reversed, holding that the Association adequately pleaded a caus
• Grant v. GHG014, LLC
  65 So. 3d 1066· Fla. 4th DCA· 2010-10-20 ·cited 4×
  Appellants sought a temporary mandatory injunction to regain possession of an apartment after the appellees allegedly changed the locks in violation of Florida's landlord-tenant statute. The trial court denied the injunction, finding the appellants failed to prove the existence o
• Sensormatic Elecs. Corp. v. Tag Co. US, LLC
  632 F. Supp. 2d 1147· S.D. Fla.· 2008-12-19 ·cited 4×
  The court found that the defendants failed to prove by clear and convincing evidence that the asserted patent claims were inherently anticipated or barred by prior sale. The court also found that the defendants stipulated to infringement.
• Phillips v. Greene
  994 So. 2d 371· Fla. 3d DCA· 2008-09-24 ·cited 4×·via Immediate And Irreparable Injury
  Phillips and Cindy's Signs, Inc. appealed the trial court's denial of their motion to vacate the appointment of a receiver in a corporate dissolution dispute. The court reversed, holding that the receiver's appointment violated procedural requirements because it lacked notice, a
• Land-Cellular Corp. v. Zokaites
  463 F. Supp. 2d 1348· S.D. Fla.· 2006-10-23 ·cited 4×
  The court held that a writ of replevin can only be issued for tangible personal property capable of specific identification and manual seizure, not for intangible assets like bank accounts or accounts receivable.
• Dep't OF Child. & Families v. O.C.
  933 So. 2d 690· Fla. 5th DCA· 2006-07-21 ·cited 4×
  The Department of Children and Families sought certiorari review of a trial court order committing an incompetent juvenile delinquent to DCF for restoration of competency. The appellate court granted the petition and quashed the commitment order because the trial court failed to
• Milner Voice & Data, Inc. v. Tassy
  377 F. Supp. 2d 1209· S.D. Fla.· 2005-06-21 ·cited 4×·via Presumption Of Irreparable Injury
  The court granted in part and denied in part the plaintiff's motion for a preliminary injunction, finding that the non-compete restrictive covenant was enforceable against Defendant Rodriguez, who had intentionally breached it, and that there was a presumption of irreparable harm
• First Paradee, Ltd. v. Jones
  828 So. 2d 483· Fla. 2d DCA· 2002-10-18 ·cited 4×
  First Paradee sought certiorari review to prevent disclosure of documents regarding the price it paid for a mortgage and promissory note in a deficiency judgment case. The court dismissed the petition because First Paradee failed to demonstrate the irreparable injury required for
• Health Care Fin. Enters., Inc. v. Levy
  715 So. 2d 341· Fla. 4th DCA· 1998-08-12 ·cited 4×
  Health Care Financial Enterprises appeals a trial court's denial of injunctive relief to enforce a noncompete agreement against former employee Levy, arguing the court erred in refusing to enforce the agreement solely because its geographic scope was unreasonable. The Fourth Dist
• Duke H. Scott, M.D. v. Nelson
  697 So. 2d 1300· Fla. 1st DCA· 1997-08-19 ·cited 4×
  Dr. Scott sought to prevent the deposition of Sara A. based on a confidentiality agreement in a prior settlement, arguing it would harm his reputation and livelihood. The court held that contractual confidentiality agreements cannot be used to interfere with discovery rights of n
• Cmty. Blood Ctrs. OF S. Fla., Inc. v. Francine Damiano
  697 So. 2d 948· Fla. 4th DCA· 1997-07-30 ·cited 4×
  The Fourth District Court of Appeal held that blood banks are not health care providers subject to Florida's medical malpractice presuit notice requirements when sued solely as suppliers of contaminated blood products. The court affirmed the trial court's denial of the blood bank
• LEE Cnty. v. Fort Myers Airways, Inc.
  688 So. 2d 389· Fla. 2d DCA· 1997-02-07 ·cited 4×
  Lee County appeals a trial court's confirmation of an arbitrators' award in a real property lease dispute with Fort Myers Airways, Inc. The appellate court affirmed the monetary damages award but reversed the injunctive relief portion requiring Lee County to structurally maintain
• Weekley v. Pace Assembly Ministries, Inc.
  671 So. 2d 220· Fla. 1st DCA· 1996-04-04 ·cited 4×
  The appellate court reversed a lower court's dismissal of a count seeking injunctive relief for property flooding. The court found the dismissed count sufficiently alleged the elements required for injunctive relief, including irreparable injury and unreasonable harm from altered
• Tugg v. Towey
  864 F. Supp. 1201· S.D. Fla.· 1994-07-19 ·cited 4×
  The court held that the Department of Health and Rehabilitative Services (HRS) likely violated the Americans with Disabilities Act (ADA) and the Rehabilitation Act by intending to provide mental health services to deaf individuals through interpreters, rather than counselors with
• Spencer Pest Control Co. OF Fla., Inc. v. Smith
  637 So. 2d 292· Fla. 5th DCA· 1994-04-29 ·cited 4×
  Spencer Pest Control sought an injunction to enforce a noncompete agreement against its former manager Lewis Smith. The trial court denied the temporary injunction for lack of showing of irreparable injury, and the appellate court affirmed, holding that irreparable injury cannot
• Payless Shoesource, Inc. v. Reebok Int'l Ltd. & Reebok Int'l Ltd.
  998 F.2d 985· Fed. Cir.· 1993-07-20 ·cited 4×
  The court held that the district court abused its discretion by failing to adequately consider post-sale confusion for trademark and trade dress claims and by misapplying the Gorham test for design patent infringement.
• Resolution Tr. Corp. for Peoples Heritage Sav. v. Cruce
  972 F.2d 1195· 10th Cir.· 1992-08-17 ·cited 4×
  The court held that the RTC met the "fair ground for litigation" standard for a preliminary injunction, even without showing irreparable injury, due to statutory modifications and that the district court did not abuse its discretion in freezing assets alleged to be fraudulently c
• Owens-Corning Fiberglas Corp. v. Moran
  959 F.2d 634· 7th Cir.· 1992-03-24 ·cited 4×
  A federal court should not interfere with ongoing state litigation by issuing an injunction, especially when the litigant has an adequate remedy through appeal after a final judgment.
• Richards v. Bellmon
  941 F.2d 1015· 10th Cir.· 1991-07-19 ·cited 4×
  The court held that the district court erred in dismissing the complaint and that the case should be remanded for further proceedings consistent with supervening authority.
• Multnomah Legal Servs. Workers Union v. Legal Servs. Corp.
  936 F.2d 1547· 9th Cir.· 1991-06-25 ·cited 4×
  The court should hold that LSC's statutory or contractual right to inspect personnel files is subject to a reasonableness requirement, considering the purpose of ensuring grant compliance and employee privacy.
• James A. Privitera, M.D. v. Cal. Bd. OF Med. Quality Assurance
  926 F.2d 890· 9th Cir.· 1991-02-25 ·cited 4×
  The court held that the district court's stay order, which effectively denied a preliminary injunction, was immediately appealable and that the stay itself was improper as it did not meet the criteria for any established abstention doctrine. The court also found that the district
• Justin Indus., Inc. v. Choctaw Sec., L.P.
  920 F.2d 262· 5th Cir.· 1990-12-18 ·cited 4×
  The court held that the denial of a preliminary injunction was appealable and that the district court erred in its materiality determination, remanding for further proceedings on permanent relief.