Presumption Of Irreparable Injury

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

• Transunion Risk & Alternative Data Solutions, Inc. v. Reilly
  181 So. 3d 548· Fla. 4th DCA· 2015-12-02 ·cited 7×
  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
• H & M Hearing Assocs., LLC v. Nobile
  950 So. 2d 501· Fla. 2d DCA· 2007-03-02 ·cited 7×
  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
• Avalon Legal Info. Servs., Inc. v. Keating
  110 So. 3d 75· Fla. 5th DCA· 2013-03-08 ·cited 6×
  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
• Walsh v. PAW Trucking, Inc.
  942 So. 2d 446· Fla. 2d DCA· 2006-11-22 ·cited 6×
  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×
  The court held that the trial court did not err in denying the motion to modify or dissolve the temporary injunction, affirming the order.
• 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
• 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
• AGS Computer Servs., Inc. v. Rodriguez
  592 So. 2d 801· Fla. 4th DCA· 1992-02-05 ·cited 6×
• Forry, Inc. v. Neundorfer, Inc.
  837 F.2d 259· 6th Cir.· 1988-01-11 ·cited 6×
  The court held that a preliminary injunction was properly granted because the plaintiff demonstrated a substantial likelihood of success on the merits and the defendants failed to rebut the presumption of irreparable harm.
• Merrill Lynch v. Hagerty
  808 F. Supp. 1555· S.D. Fla.· 1992-10-27 ·cited 5×
  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.
• 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
• Picture it Sold Photography, LLC v. Bunkelman
  287 So. 3d 699· Fla. 4th DCA· 2020-01-08 ·cited 4×
  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
• Milner Voice & Data, Inc. v. Tassy
  377 F. Supp. 2d 1209· S.D. Fla.· 2005-06-21 ·cited 4×
  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
• 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
• 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
• Black Fire Fighters Ass'n OF Dallas v. City OF Dallas
  905 F.2d 63· 5th Cir.· 1990-06-21 ·cited 4×
• Ill. Tool Works, Inc. v. Grip-Pak, Inc.
  906 F.2d 679· Fed. Cir.· 1990-06-20 ·cited 4×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the patent holder failed to sufficiently demonstrate the necessary equitable factors.
• Mapei Corp. & Se. Printing Co., Inc. v. J.M. Field Mktg., Inc.
  Fla. 4th DCA· 2020-05-13 ·cited 2×
  JM Field Marketing sued Mapei Corporation and Southeastern Printing Company for misappropriating its proprietary All In View (AIV) software system in violation of trade secret law and a confidentiality agreement. The circuit court granted a temporary injunction preventing further
• Imraan Ansaarie, M.D. v. First Coast Cardiovascular Inst., P.A.
  252 So. 3d 287· Fla. 1st DCA· 2018-06-28 ·cited 2×
  A temporary injunction enforcing restrictive covenants in a physician employment agreement was properly granted where the employer demonstrated legitimate business interests in existing patients, substantial investment in developing patient goodwill in a specific geographic area,
• GPS Indus., LLC v. Lewis
  691 F. Supp. 2d 1327· M.D. Fla.· 2010-03-01 ·cited 2×
  The court held that the plaintiff failed to demonstrate a substantial likelihood of success on the merits or irreparable harm, thus denying the motion for a preliminary injunction.
• Johnson v. Globe Data Sys.
  785 So. 2d 1290· Fla. 5th DCA· 2001-06-08 ·cited 2×
  Globe Data Systems sought to enforce a non-compete agreement against former employee Richard Johnson by obtaining an injunction to prevent his use of customer lists and direct solicitation of Globe's customers. The appellate court affirmed the trial court's entry of a permanent i
• Caterpillar, Inc. v. Nationwide Equip.
  877 F. Supp. 611· M.D. Fla.· 1994-11-14 ·cited 2×
  The court held that defendants' advertising and sale of Cukurova products, manufactured using Caterpillar components but not under Caterpillar's direct quality control, constituted trademark infringement and unfair competition under the Lanham Act.
• Kforce, Inc. v. Kerin Mickenberg
  846 So. 2d 1190· Fla. 4th DCA· 2003-05-21 ·cited 1×
  The court held that the former employee's emails to customers constituted solicitation, creating a presumption of irreparable injury, entitling the employer to a temporary injunction.
• Miller v. Global Elec. Testing Servs.
  M.D. Fla.· 2026-01-06
  The court held that the movant failed to establish a substantial likelihood of irreparable injury, a necessary prerequisite for a preliminary injunction.
• Fender Musical Instruments Corp. v. The Individuals
  S.D. Fla.· 2025-08-22
  Fender Musical Instruments Corporation brought a federal trademark counterfeiting and infringement action against an anonymous online seller operating e-commerce stores that sold counterfeit goods bearing Fender's registered trademarks without authorization. The court granted Fen
• Swiler v. RSJ Ventures, LLC
  M.D. Fla.· 2025-03-25
  The court denied the plaintiff's motion for a preliminary injunction because he failed to demonstrate a likelihood of success on the merits due to an impermissible mandatory injunction request and failed to show imminent irreparable injury due to significant, unexplained delays.
• Univ. Of Miami v. Caneup LLC
  S.D. Fla.· 2024-10-16
  University of Miami sued CANEUP LLC for trademark infringement based on the defendant's use of the "CANEUP" mark on clothing and apparel, alleging it was confusingly similar to the university's long-established "CANES" and orange-and-green "U" design marks. The court granted defa
• Socket Solutions, LLC v. Imp. Global, LLC
  S.D. Fla.· 2024-09-29
  The Court affirmed the Magistrate Judge's Report and Recommendation, granting Plaintiff's motion for a preliminary injunction and overruling Defendant's objections.
• Smith v. Fla. Agric. & Mech. Univ. Bd. of Trs.
  M.D. Fla.· 2024-08-30
  The court held that a plaintiff must establish a substantial threat of irreparable injury to obtain a preliminary injunction, and that economic harm and reputational damage from termination are not considered irreparable.
• P'rs Insight, LLC v. Gill
  M.D. Fla.· 2023-04-14
  The court denied the plaintiffs' motion for a preliminary injunction because they failed to demonstrate irreparable injury due to significant delay in seeking the injunction.
• Leather Bros., Inc. v. Springhaus, LLC
  M.D. Fla.· 2023-03-21
  The court held that Plaintiff demonstrated a substantial likelihood of success on the merits of its trademark infringement claim, justifying a preliminary injunction.
• Vital Pharms., Inc. v. Alfieri
  S.D. Fla.· 2022-05-09
  The court held that there are genuine issues of material fact regarding the enforceability of restrictive covenants and the alleged breach, thus denying summary judgment on these claims.
• Blue-Grace Logistics LLC v. Fahey
  M.D. Fla.· 2022-02-07
  The court held that a plaintiff seeking a preliminary injunction must demonstrate irreparable harm, and Florida's statutory presumption of irreparable harm for restrictive covenant violations does not apply in federal court.
• Amerigas Propane, Inc. v. Sanchez
  Fla. 3d DCA· 2021-11-03
  AmeriGas Propane appeals a trial court's denial of a motion for temporary injunctive relief against former employee Nelson Sanchez and his new employer Blossman Gas for alleged breach of non-compete and non-solicitation agreements. The appellate court reverses, finding that Ameri
• Wicked Grips LLC v. Badaan
  M.D. Fla.· 2021-10-08
  The court held that a motion for preliminary injunction must comply with local rules and that the plaintiff failed to establish irreparable harm due to significant delay.
• McGriff Ins. Servs., Inc. v. Littlestone
  M.D. Fla.· 2021-09-21
  McGriff Insurance Services sought a preliminary injunction against several former employees and a competitor, Alliant Insurance Services, alleging breaches of non-solicitation and confidentiality provisions in employment agreements, as well as tortious interference and trade secr
• Surgery Ctr. Holdings, Inc. v. Guirguis
  Fla. 2d DCA· 2021-06-11
  The trial court erred in concluding that physicians did not violate a nonsolicitation provision prohibiting treatment of former patients of Tampa Pain Relief Center during a twenty-four-month restricted period without written consent, where evidence showed the doctors treated 644
• Fam. Heritage Life Ins. Co. of Am. v. Combined Ins. Co. of Am.
  Fla. 3d DCA· 2021-03-24
  This case involves an appeal by Family Heritage Life Insurance Company and two former employees of Combined Insurance Company against a temporary injunction. The appellate court affirmed the injunction, finding that the trial court properly applied the legal standards for issuing
• ATP Sci. Proprietary, Ltd. v. Bacarella
  S.D. Fla.· 2020-07-09
  The court held that the plaintiffs established a substantial likelihood of success on the merits for their trademark infringement claims, warranting a preliminary injunction.
• Richard R. Lotenfoe, M.D. v. Kye C. Pahk, M.D.
  747 So. 2d 422· Fla. 2d DCA· 1999-12-08
  Dr. Lotenfoe appeals a temporary injunction prohibiting him from competing with his former employer Dr. Pahk within Highlands County for five years. The court reversed the injunction, holding that Pahk failed to prove direct solicitation of existing patients, which is necessary t
• Globe Data Sys. v. Johnson
  745 So. 2d 1101· Fla. 5th DCA· 1999-12-03
  Globe Data Systems appealed the denial of a temporary injunction to enforce a non-competition agreement against former employee Richard Johnson, who began working for Globe's competitor shortly after resigning. The Fifth District Court of Appeal reversed, holding that Johnson's d
• Dad's Props., Inc. v. Lucas
  545 So. 2d 926· Fla. 2d DCA· 1989-05-12
  Dad's Properties, Inc. appealed the denial of its application for a preliminary injunction to enforce a covenant not to compete against the Lucas family, who sold their adult nightclub business (Sugar Daddy's) to Dad's Properties in 1986 but subsequently opened a competing club (
• Micro Plus, Inc. v. Forte Data Sys., Inc.
  484 So. 2d 1340· Fla. 4th DCA· 1986-03-12
  Forte Data Systems sought and obtained a temporary injunction against former employee Jay Anderson and competitor Micro Plus for violations of a non-compete and confidentiality agreement. The Fourth District Court of Appeal reversed and remanded the injunction order, with the opi