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

• Burton v. Matanuska Valley Lines, Inc.
  244 F.2d 647· 9th Cir.· 1957-04-08 ·cited 24×
  The court held that the trial court did not abuse its discretion in granting a preliminary injunction, as serious legal questions were presented and the injunction served to preserve the status quo pending final determination.
• Great N. Life Ins. Co. v. Vince
  118 F.2d 232· 6th Cir.· 1941-03-11 ·cited 24×
  False representations in an insurance application regarding material health issues, made with intent to deceive, render the policy void under Michigan law, and such issues can be resolved via declaratory judgment.
• Hall v. Horne
  52 Fla. 510· Fla.· 1906-06-01 ·cited 24×
  Hall & Bigham appealed from an equity court's grant of a temporary injunction and restraining order against them regarding turpentine boxes. The Florida Supreme Court reversed, holding that the bill stated no cause for equitable relief because appellees lacked standing and failed
• Frumar Agri Foods (P) Ltd. v. RRK Foods Inc.
  2010 WL 3293346· S.D. Fla.· 2025-06-18 ·cited 23×
  The court denied the plaintiffs' request for ex parte temporary restraining order relief because they failed to meet the stringent requirements of Rule 65(b)(1) for providing notice or demonstrating irreparable harm.
• State Farm Fla. Ins. Co. v. Seville Place Condo. Ass'n, Inc.
  74 So. 3d 105· Fla. 3d DCA· 2011-07-20 ·cited 23×
  State Farm sought a writ of certiorari to quash circuit court orders allowing a condominium association to amend its complaint to add bad faith and punitive damage claims before final judgment on coverage issues. The court denied the petition, clarifying that certiorari jurisdict
• Variable Annuity Life Ins. Co. v. Hausinger
  927 So. 2d 243· Fla. 2d DCA· 2006-05-05 ·cited 23×·via Presumption Of Irreparable Injury
  VALIC appeals the denial of a preliminary injunction against a former employee who violated a nonsolicitation agreement by soliciting customers and taking confidential information to a competitor. The court reversed, holding that Florida's statutory presumption of irreparable har
• Lovell Farms, Inc. v. Levy
  641 So. 2d 103· Fla. 3d DCA· 1994-02-15 ·cited 23×
  Lovell Farms sought a temporary injunction to prevent a former employee from working for a competitor and using alleged trade secrets in flower growing techniques. The court affirmed the denial of the temporary injunction but granted certiorari, quashing the denial of a protectiv
• The Jewett Orthopaedic Clinic, P.A. v. George M. White, M.D.
  629 So. 2d 922· Fla. 5th DCA· 1993-12-03 ·cited 23×
  Jewett Orthopaedic Clinic appeals a declaratory judgment invalidating Dr. White's covenant not to compete. The court reverses, holding that physician covenants not to compete are enforceable under Florida Statute § 542.33 if reasonable, not contrary to public health and safety, a
• Manor Care OF Dunedin, Inc. v. Keiser
  611 So. 2d 1305· Fla. 2d DCA· 1992-12-30 ·cited 23×
  Manor Care sought certiorari to review a protective order that allowed the plaintiff to conduct ex parte interviews of Manor Care's former employees but prohibited Manor Care from doing so, which the court quashed.
• The Republic OF THE Philippines v. Ferdinand E. Marcos
  862 F.2d 1355· 9th Cir.· 1988-12-01 ·cited 23×
• In re Johns-Manville Corp. v. The Equity Sec. Holders Comm.
  801 F.2d 60· 2d Cir.· 1986-09-10 ·cited 23×
  The dissent argues the court should affirm the lower court's decision, finding that the Equity Committee's request for a shareholder meeting constitutes an abuse of process and would unduly delay a complex reorganization.
• Jacksonville Elec. Auth. v. Beemik Builders & Constructors, Inc.
  487 So. 2d 372· Fla. 1st DCA· 1986-04-18 ·cited 23×
  Jacksonville Electric Authority appeals from a temporary injunction preventing it from canceling a construction contract with Beemik Builders. The court holds that the temporary injunction was incorrectly issued because Beemik failed to demonstrate irreparable injury, as money da
• La. Power & Light Co. v. United GAS Pipe Line Co.
  456 F.2d 326· 5th Cir.· 1972-01-14 ·cited 23×
  The court held that the district court erred in dismissing the case based on LP&L's failure to demonstrate irreparable injury and in concluding that the FPC had unquestionable jurisdiction, reversing the dismissal and remanding for further fact development.
• Liberty Am. Ins. v. Kennedy
  890 So. 2d 539· Fla. 2d DCA· 2005-01-12 ·cited 22×
  The court held that it lacks jurisdiction to review an interlocutory order via certiorari because any alleged error in delineating the scope of appraisal is reparable on post-judgment appeal.
• Cotton States Mut. Ins. v. D'Alto
  879 So. 2d 67· Fla. 1st DCA· 2004-07-30 ·cited 22×
  Cotton States Mutual Insurance appealed the trial court's denial of its motion to compel appraisal of an insurance loss, arguing the homeowner's claims were subject to the insurance policy's mandatory appraisal provision. The appellate court dismissed the appeal for lack of juris
• In re First S. Sav. Ass'n
  820 F.2d 700· 5th Cir.· 1987-06-22 ·cited 22×
  The Fifth Circuit held that mandamus was appropriate to compel the district court to grant a stay pending appeal of the bankruptcy court's order authorizing super-priority financing, finding that the district court abused its discretion by denying the stay.
• Lydo Enters., Inc. v. City OF LAS Vegas
  745 F.2d 1211· 9th Cir.· 1984-10-23 ·cited 22×
  The court held that the district court abused its discretion in granting a preliminary injunction because the balance of hardships did not decidedly tip in favor of the appellees and they failed to present serious litigation questions regarding their First Amendment claims.
• Linn v. Chivatero
  714 F.2d 1278· 5th Cir.· 1983-09-19 ·cited 22×
  The court held that the district court erred in dismissing for lack of jurisdiction, and that the Anti-Injunction Act does not bar the taxpayer's claim under the Enochs exception.
• Bethlehem Steel Corp. v. Env't Prot. Agency
  669 F.2d 903· 3d Cir.· 1982-02-04 ·cited 22×
  A company must exhaust its administrative remedies before seeking judicial review of an EPA notice of noncompliance, even if it fears accruing penalties, unless specific exceptions apply.
• Ciechon v. City OF Chicago
  634 F.2d 1055· 7th Cir.· 1980-11-20 ·cited 22×
  The court held that the Due Process Clause does not require a full hearing prior to the suspension of public employees for violation of a residency ordinance, as long as a prompt post-suspension hearing is assured.
• Adoption HOT Line, Inc. v. State
  385 So. 2d 682· Fla. 3d DCA· 1980-06-10 ·cited 22×
  The court held that the trial court did not abuse its discretion in granting a temporary injunction against appellants' activities.
• Rosenthal & Co. v. Bagley
  581 F.2d 1258· 7th Cir.· 1978-08-10 ·cited 22×
  The court held that a commodities brokerage firm must exhaust its administrative remedies before seeking to enjoin Commodity Futures Trading Commission (CFTC) reparations proceedings on constitutional grounds.
• State of N.J. v. Chesimard
  555 F.2d 63· 3d Cir.· 1977-03-09 ·cited 22×
  The dissenting judge would find that federal intervention is permissible, either because the relief sought is collateral to the state criminal proceeding under Gerstein v. Pugh, or because exceptional circumstances warrant intervention under Younger v. Harris.
• UTZ v. Honorable Maurice Cullinane
  520 F.2d 467· D.C. Cir.· 1975-10-03 ·cited 22×
  The court held that the routine dissemination of arrest records to the FBI, even when supplemented with disposition notations, is statutorily prohibited by the 'Duncan Ordinance' when not for strictly law enforcement purposes.
• Royal Steubing v. Brinegar
  511 F.2d 489· 2d Cir.· 1975-02-13 ·cited 22×
  The court held that a preliminary injunction was properly issued to halt construction of a federally-funded expressway bridge pending preparation of an Environmental Impact Statement (EIS) under NEPA, despite claims of laches and advanced construction stages.
• Jones v. Wade
  479 F.2d 1176· 5th Cir.· 1973-05-30 ·cited 22×
  The court granted a petition for rehearing en banc, vacating the prior panel decision.
• Rivera v. The Honorable Marvin A. Freeman
  469 F.2d 1159· 9th Cir.· 1972-11-17 ·cited 22×
  The court held that federal courts should abstain from deciding the constitutionality of state juvenile detention statutes when state courts have not definitively ruled on the issue and there is no showing of state court inadequacy, due to principles of comity and federalism.
• Gomez v. Layton
  394 F.2d 764· D.C. Cir.· 1968-04-10 ·cited 22×
  The court held that the district court erred in dismissing the complaint and that the appellant was entitled to an opportunity to demonstrate his claims for injunctive relief at an evidentiary hearing.
• Graham v. Triangle Publ'ns
  344 F.2d 775· 3d Cir.· 1965-04-26 ·cited 22×·via Irreparable Damage
  The court held that the refusal to grant a preliminary injunction was not an abuse of discretion because no imminent threat of irreparable damage was shown.
• The First Nat'l Bank IN ST. Petersburg v. Ferris
  156 So. 2d 421· Fla. 2d DCA· 1963-09-06 ·cited 22×
  The First National Bank appealed an interlocutory order denying its motion to dismiss a complaint seeking mandatory injunctive relief to compel the bank to replace corporate stock it allegedly sold wrongfully as collateral. The court reversed, holding that the complainant failed
• Trans-Pacific Freight Conference OF Japan v. Fed. Mar. Bd.
  302 F.2d 875· D.C. Cir.· 1962-04-12 ·cited 22×
  The Federal Maritime Board does not have the statutory authority to issue interim cease and desist orders to maintain the status quo pending a final determination of a complaint.
• Rawls v. City of Miami
  82 Fla. 65· Fla.· 1921-06-29 ·cited 22×
  The appellant sought an injunction to prevent the City of Miami from enforcing a plumbing ordinance, alleging it was unreasonable and costly. The court affirmed the denial of the injunction, finding no grounds for equitable relief.
• Allstate Ins. Co. v. Bowne
  817 So. 2d 994· Fla. 4th DCA· 2002-05-29 ·cited 21×
  Allstate sought to disqualify opposing counsel for violating Disciplinary Rule 4-4.2 by communicating with a former managerial employee now nominally employed by a subsidiary. The court held that disqualification is not presumptively required for DR 4-4.2 violations, and that cou
• THE News-Journal Corp. v. Honorable S. James Foxman
  939 F.2d 1499· 11th Cir.· 1991-08-30 ·cited 21×
  The News-Journal Corporation challenged a state trial court's restrictive order prohibiting extrajudicial statements by trial participants in a sensational murder-for-hire case. The federal district court dismissed the action under Younger abstention, finding that the News-Journa
• Hathcock v. Hathcock
  533 So. 2d 802· Fla. 1st DCA· 1988-09-29 ·cited 21×
  The court reversed a temporary injunction issued in a marital dissolution proceeding because it was granted without compliance with Florida Rule of Civil Procedure 1.610. The injunction prohibited the husband from disposing of marital property, harassing his wife, and awarded the
• Cent. States Se. & Sw. Areas Pension Fund v. T.I.M.E.-DC, Inc.
  826 F.2d 320· 5th Cir.· 1987-08-24 ·cited 21×
• United Church OF THE Med. Ctr. v. Med. Ctr. Comm'n
  689 F.2d 693· 7th Cir.· 1982-09-23 ·cited 21×·via Immediate And Irreparable Injury
  The court held that the district court erred in dismissing the case for failure to exhaust administrative remedies and abused its discretion in denying preliminary injunctive relief.
• Town OF Burlington & the Sch. Comm. of the Town of Burlington v. The Dep't OF Educ. OF the Commonwealth OF Mass. & John Doe
  655 F.2d 428· 1st Cir.· 1981-06-18 ·cited 21×
  The court held that state law cannot be applied when federal law review is sought, and that the district court erred in ordering reimbursement for past educational expenses under 20 U.S.C. § 1415(e)(3).
• Johnson v. Bergland
  586 F.2d 993· 4th Cir.· 1978-11-17 ·cited 21×
  The dissenting judge believes the majority erred in finding irreparable injury based on a speculative First Amendment claim and improperly applied the Blackwelder test.
• Adams v. Walker
  488 F.2d 1064· 7th Cir.· 1973-06-27 ·cited 21×
  The court denied the defendant's motion for a stay of the district court's orders pending appeal, finding the appellant had not made a strong showing of probable success on the merits.
• A1A Mobile Home Park, Inc. v. Brevard Cnty.
  246 So. 2d 126· Fla. 4th DCA· 1971-03-26 ·cited 21×
  A1A Mobile Home Park sought a permanent injunction to prevent Brevard County from constructing and operating a sewage treatment plant located within 50 feet of the park. The trial court granted judgment on the pleadings in favor of the county, but the appellate court reversed, ho
• Paul's Drugs, Inc. v. S. Bell Tel. & Tel. Co.
  175 So. 2d 203· Fla. 3d DCA· 1965-05-25 ·cited 21×
  A party continuing to collect payments for a utility after its agency agreement is terminated, causing customer confusion and potential harm to the utility's relations, can be enjoined.
• Fraser v. SOL Cohen
  159 Fla. 253· Fla.· 1947-07-08 ·cited 21×
  The Florida Supreme Court affirmed a decree granting specific performance of a banana supply contract, holding that appellants Fraser and Southeastern Terminal took rights acquired from Cooper subject to the appellees' prior equitable interests, and that the contract's unique mon
• THE Surf Club v. Tatem Surf Club, Inc.
  151 Fla. 406· Fla.· 1942-04-10 ·cited 21×
  The court held that the filing of the notice of appeal, along with service of required documents on the appellees, was sufficient to confer jurisdiction, even if the formal recording of the notice in the chancery order book occurred slightly later.
• Town of Orange City v. Thayer
  45 Fla. 502· Fla.· 1903-01-01 ·cited 21×
  The Town of Orange City appealed orders overruling its demurrer and denying its motion to dissolve a temporary injunction in a suit by cattle owners seeking to prevent enforcement of a municipal cattle-impounding ordinance. The Florida Supreme Court held that because the cattle o
• State v. Dep't of Health & Human Servs.
  19 F.4th 1271· 11th Cir.· 2021-12-06 ·cited 20×
  Florida challenged a federal interim rule mandating COVID-19 vaccinations for healthcare workers at Medicare and Medicaid facilities, arguing the rule exceeded the Secretary's statutory authority, violated notice-and-comment procedures, and was arbitrary and capricious. The Eleve
• Enpat, Inc. v. Budnic
  773 F. Supp. 2d 1311· M.D. Fla.· 2011-02-28 ·cited 20×
  The court granted the motion for default judgment as to liability for patent infringement but denied the requests for compensatory damages and a permanent injunction, allowing the plaintiff to submit further evidence.
• Haas v. Zephyr Springs Golf Club, L.P.
  684 So. 2d 231· Fla. 2d DCA· 1996-11-22 ·cited 20×
• SUN Elastic Corp. v. O.B. Indus.
  603 So. 2d 516· Fla. 3d DCA· 1992-06-09 ·cited 20×
  Sun Elastic sought a temporary injunction against a former employee's violation of a noncompete agreement. The trial court denied the injunction, but the appellate court reversed, holding that direct solicitation of existing customers creates a presumption of irreparable injury u
• Hattie Daniels v. William Bryson & the Miami Ass'n of Fire Fighters Local 587
  548 So. 2d 679· Fla. 3d DCA· 1989-06-27 ·cited 20×
  The City of Miami and its employee appealed a permanent injunction requiring compliance with Florida's Public Records Law (Chapter 119) regarding documents related to a fire department investigative panel. The court reversed the injunction, holding that while injunctive relief is