Likelihood Of Irreparable Harm

46 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• City OF Jacksonville v. Naegele Outdoor Advertising Co.
  634 So. 2d 750· Fla. 1st DCA· 1994-03-30 ·cited 124×
  The City of Jacksonville appeals a temporary injunction granted to outdoor advertising companies challenging a charter amendment and ordinances requiring removal of their signs. The appellate court reverses, holding that the trial court failed to make adequate findings supporting
• Masters Freight, Inc. v. Servco, Inc.
  915 So. 2d 666· Fla. 2d DCA· 2005-10-12 ·cited 30×
  The court held that a temporary injunction must specify the reasons for its entry and include clear findings supporting the four required elements.
• Telemundo Media, LLC v. Mintz
  194 So. 3d 434· Fla. 3d DCA· 2016-05-06 ·cited 26×
  The court held that all elements for injunctive relief were satisfied, reversing the trial court's denial of a temporary injunction.
• Baltazar Salazar and Walter Salazar Pest Control v. Hometeam Pest Def., Inc.
  230 So. 3d 619· Fla. 2d DCA· 2017-11-17 ·cited 25×
  The trial court's order granting a temporary injunction must contain specific factual findings supporting the necessary elements for injunctive relief, and must address affirmative defenses.
• W.J. Spradley, Jr. v. OLD Harmony Baptist Church
  721 So. 2d 735· Fla. 1st DCA· 1998-07-27 ·cited 24×
  The court reversed an injunctive order issued by the trial court that imposed requirements on the appellants regarding use of disputed property by a church, finding the injunction was legally insufficient because it was entered sua sponte without a proper request, contained manda
• Reliance Wholesale, Inc. v. Godfrey
  51 So. 3d 561· Fla. 3d DCA· 2010-12-22 ·cited 19×
  Reliance Wholesale appeals from a trial court's denial of its motion for a temporary injunction against former employee Godfrey for violating non-compete and non-solicitation agreements. The appellate court reversed, holding that Reliance established the statutory prerequisites f
• Heslop v. Earnest Moore, Jr.
  716 So. 2d 276· Fla. 3d DCA· 1998-05-20 ·cited 17×
  A former husband sought a temporary injunction to prevent his ex-wife from receiving lottery winnings she had won during their separation but concealed during their divorce proceedings. The appellate court reversed the injunction, holding that the ex-husband failed to establish t
• Hilb Rogal & Hobbs OF Fla., Inc. v. Grimmel
  48 So. 3d 957· Fla. 4th DCA· 2010-12-01 ·cited 14×
  HRH, an insurance broker, appeals the trial court's dissolution of a temporary injunction against former employee Grimmel, who violated a non-piracy clause by soliciting HRH's customers after starting a competing firm. The court reversed, holding that HRH established a legitimate
• The Fla. High Sch. Activities Ass'n v. Alena Kartenovich
  749 So. 2d 1290· Fla. 3d DCA· 2000-02-24 ·cited 14×
  The Florida High School Activities Association appealed a temporary injunction granted to The Berkshire School and four student-athletes who sought to compete in state basketball tournaments despite an FHSAA sanction for recruiting violations. The court reversed the injunction, h
• Victor Genchi, M.D. v. Lower Fla. Keys Hosp. Dist.
  45 So. 3d 915· Fla. 3d DCA· 2010-10-06 ·cited 12×
  Dr. Genchi appealed the denial of his motion for a temporary injunction seeking reinstatement of his medical staff privileges at Lower Keys Medical Center, which were not renewed because he failed to comply with a seven-year board certification requirement. The court affirmed the
• Polk Cnty. v. Mitchell
  931 So. 2d 922· Fla. 2d DCA· 2006-01-06 ·cited 11×
  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
• Cosmic Corp. v. Miami-Dade Cnty.
  706 So. 2d 347· Fla. 3d DCA· 1998-01-21 ·cited 11×
  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
• City OF Tampa v. McAFEE
  896 So. 2d 943· Fla. 2d DCA· 2005-03-09 ·cited 10×
  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
• Mercado Oriental, Inc. v. Maynor Marin
  725 So. 2d 468· Fla. 3d DCA· 1999-02-17 ·cited 10×
  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
• LEE Cnty. v. S. Fla. Water Mgmt. Dist.
  805 So. 2d 893· Fla. 2d DCA· 2001-10-12 ·cited 9×
  Lee County challenged the South Florida Water Management District's emergency plan to discharge large volumes of fresh water from Lake Okeechobee into the Caloosahatchee River estuary to save the lake's dying fish population. The court affirmed the denial of the county's petition
• Airport Executive Towers v. CIG Realty, Inc.
  716 So. 2d 311· Fla. 3d DCA· 1998-07-29 ·cited 9×
  Airport Executive Towers appeals from a temporary injunction that restrained it from moving net proceeds from the sale of its real property out of Florida. The court reversed, holding that the injunction was an extraordinary remedy that CIG failed to justify because CIG had an ad
• NRD Invs., Inc. v. Velazquez
  976 So. 2d 1· Fla. 3d DCA· 2007-12-05 ·cited 8×
  NRD Investments appealed a trial court's temporary injunction requiring it to restore a tenant's office to pre-construction condition. The appellate court affirmed, finding that the tenant Dr. Velazquez met all requirements for injunctive relief and that the trial court properly
• Taylor v. Cesery
  717 So. 2d 1112· Fla. 1st DCA· 1998-09-28 ·cited 8×
  Martha Cesery Taylor appeals from a trial court order denying her motion for temporary injunctive relief to prevent the sale of a $2.5 million oceanfront estate property and discharging her lis pendens. The court affirmed the denial of the injunction but reversed the discharge of
• Williams v. Victim Just., P.C.
  198 So. 3d 822· Fla. 2d DCA· 2016-03-09 ·cited 7×
  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
• City OF Miami v. Santos
  315 So. 3d 115· Fla. 3d DCA· 2019-08-21 ·cited 6×
  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
• U.S. 1 Off. Corp. v. Falls Home Furnishings, Inc.
  655 So. 2d 209· Fla. 3d DCA· 1995-05-24 ·cited 6×
  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
• City of Miami v. Airbnb
  260 So. 3d 478· Fla. 3d DCA· 2018-12-05 ·cited 5×
  The temporary injunction against the City's vacation rental ban was reversed as overbroad because Miami 21, which predated the state preemption statute's June 1, 2011 cutoff, is not preempted and permits short-term rentals as long as the property's predominant use remains permane
• Sunbeam Television Corp. v. Clear Channel Metroplex, Inc.
  117 So. 3d 772· Fla. 3d DCA· 2012-10-09 ·cited 5×
  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
• GFA Int'l, Inc. v. Trillas
  327 So. 3d 872· Fla. 3d DCA· 2021-09-01 ·cited 4×
  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
• Spencer Cos., Inc. v. Armonk Indus., Inc.
  489 F.2d 704· 1st Cir.· 1973-12-20 ·cited 4×
  The court held that the denial of a temporary restraining order, under the circumstances, was appealable as a denial of a preliminary injunction, but affirmed the denial of injunctive relief.
• Platinum Coast Fin. Corp. & Michael J. Miceli v. Farino's, Inc.
  662 So. 2d 724· Fla. 2d DCA· 1995-10-18 ·cited 3×
  The court held that a temporary injunction was improperly issued without sufficient factual findings or evidence presented by the petitioner.
• Lusby v. Canevari
  363 So. 3d 233· Fla. 6th DCA· 2023-03-03 ·cited 2×
  The appellate court reversed a temporary injunction because the trial court failed to make findings on all four necessary elements and did not hold an evidentiary hearing on the injunction bond amount. The case highlights the procedural requirements for granting temporary injunct
• Holland M. Ware Charitable Found. v. Tamez Pine Straw LLC
  343 So. 3d 1285· Fla. 1st DCA· 2022-08-10 ·cited 2×
  The appellate court reversed a trial court's order granting a temporary injunction. The court found that the party seeking the injunction failed to present sufficient competent, substantial evidence to meet the required legal elements for such relief, particularly regarding irrep
• Phelan v. Trifactor Solutions, LLC
  312 So. 3d 1036· Fla. 2d DCA· 2021-03-05 ·cited 2×
  The appellate court reversed a temporary injunction because the trial court failed to make specific factual findings to support the injunction and did not hold an evidentiary hearing to determine the bond amount. The court emphasized the strict procedural requirements for tempora
• Weltman v. Riggs
  141 So. 3d 729· Fla. 1st DCA· 2014-07-07 ·cited 2×
  An order granting a temporary injunction must contain clear, definite factual findings supporting each of the four necessary elements, and failure to do so requires reversal and remand.
• Ferris v. Ferris
  895 So. 2d 540· Fla. 5th DCA· 2005-03-18 ·cited 2×
  The court held that a temporary injunction must include specific findings supporting the four required criteria and the reasons for its entry.
• Shands AT Lake Shore, Inc. v. Frank A. Ferrero, M.D.
  898 So. 2d 1037· Fla. 1st DCA· 2005-03-11 ·cited 2×
  Shands at Lake Shore, Inc. appealed a trial court's grant of an emergency temporary injunction in favor of Dr. Frank Ferrero, who sought to enjoin the hospital from interfering with his medical staff privileges. The appellate court reversed, holding that Dr. Ferrero failed to dem
• Blue Earth Solutions v. Fla. Consol. Props., LLC
  113 So. 3d 991· Fla. 5th DCA· 2013-04-12 ·cited 1×
  Blue Earth Solutions appeals a temporary injunction requiring them to restore possession of business premises to Florida Consolidated Properties following an asset purchase agreement dispute. The court reverses, holding that the injunction was legally untenable because the partie
• Housman v. Housman
  Fla. 5th DCA· 2023-09-15
  An order freezing assets in a guardianship proceeding is a temporary injunction subject to rule 1.610, and must include clear, definite factual findings supporting all four elements of the temporary injunction test: (1) likelihood of irreparable harm, (2) lack of adequate remedy
• UN Monde Nouveau, Inc. v. Young Men's Christian Ass'n of S. Fla., Inc.
  Fla. 3d DCA· 2023-05-17
• UN Monde Nouveau, Inc. v. Young Men's Christian Ass'n of S. Fla., Inc.
  Fla. 3d DCA· 2023-05-17
  A party seeking a temporary injunction must establish all five elements—substantial likelihood of success on the merits, likelihood of irreparable harm, unavailability of an adequate remedy at law, that the threatened injury outweighs possible harm, and that issuance will not dis
• Kareen Lecorps and John Baptiste v. Star Lakes Ass'n, Inc.
  Fla. 3d DCA· 2022-05-25
  Unit owners challenged a special assessment levied by Star Lakes Association to fund reconstruction of Building 12 after a fire, arguing the assessment was invalid because it should have been limited to Building 12 residents or required a community-wide vote. The trial court init
• The Bd. of Cnty. Comm'rs v. Home Builders Ass'n of W. Fla., Inc.
  Fla. 1st DCA· 2021-07-28
  The appellate court affirmed a trial court's order granting a temporary injunction against the collection of school impact fees. The court found that the appellees demonstrated a substantial likelihood of success on the merits and a likelihood of irreparable harm, which are neces
• Jackman v. Catherine Cebrink - Swartz and Richard Swartz
  Fla. 2d DCA· 2021-03-26
  The appellate court reversed a lower court's denial of a preliminary injunction, finding that a neighbor's use of a high-powered security camera to surveil a backyard enclosed by a privacy fence could constitute invasion of privacy. The court certified a question of great public
• Gyptec v. Hakim-Daccach
  Fla. 3d DCA· 2020-02-26
  The appellate court affirmed a trial court's order for a mandatory injunction. The injunction required appellants to return $19.5 million to an escrow account and prohibited further transfers, pending a determination of the appellee's ownership interest in the funds.
• State v. Bayfront HMA Med. Ctr., LLC
  Fla. 1st DCA· 2018-01-01
  A hospital seeking a temporary injunction against a competitor's provisional trauma center operation must establish all four elements for injunctive relief with competent, substantial evidence, and failure to prove any element is fatal to the motion. The Department of Health may
• Hadi v. Liberty Behavioral Health Corp.
  927 So. 2d 34· Fla. 1st DCA· 2006-03-29
  Liberty Behavioral Health Corporation challenged the Department of Children and Families' (DCF) Request for Proposals (RFP) specifications for a civil commitment facility for sexually violent predators, arguing that the 1% protest bond requirement was unconstitutional and that it
• TOM v. Russ
  752 So. 2d 1250· Fla. 1st DCA· 2000-03-09
  A temporary injunction order must specify the reasons for its entry and support each of the four necessary conclusions with clear, definite, and unequivocally sufficient factual findings. The order must also require a bond unless specific exceptions apply.
• Richard v. Behavioral Healthcare Options, Inc.
  647 So. 2d 976· Fla. 2d DCA· 1994-12-14
  The court affirmed the granting of a temporary injunction but reversed the bond amount and remanded for further proceedings to determine the bond and enter a proper order with factual findings.