Kaimowitz v. Orlando, Florida, 122 F.3d 41 (11th Cir. 1997). · Go Syfert
Kaimowitz v. Orlando, Florida, 122 F.3d 41 (11th Cir. 1997). Cases Citing This Book View Copy Cite
177 citation events (167 in the last 25 years) across 30 distinct courts.
Strongest positive: Wright v. Elite Revenue Solutions, LLC (pamd, 2024-12-02)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Wright v. Elite Revenue Solutions, LLC
M.D. Penn. · 2024 · quote attribution · 1 verbatim quote · confidence high
a district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.
discussed Cited as authority (verbatim quote) Jankowski v. Central Intelligence Agency
D. Neb. · 2024 · quote attribution · 1 verbatim quote · confidence high
a district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.
discussed Cited as authority (verbatim quote) Hall v. Hudson
D. Del. · 2023 · quote attribution · 1 verbatim quote · confidence high
a district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.
discussed Cited as authority (verbatim quote) Jones v. Diaz
D. Del. · 2023 · quote attribution · 1 verbatim quote · confidence high
a district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.
discussed Cited as authority (verbatim quote) Brown v. Ngwa
D. Del. · 2022 · quote attribution · 1 verbatim quote · confidence high
a district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.
discussed Cited as authority (verbatim quote) Woods v. Lawrence
D. Del. · 2022 · quote attribution · 1 verbatim quote · confidence high
a district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.
discussed Cited as authority (verbatim quote) Lammers v. Ag Valley Cooperative Non-Stock
D. Neb. · 2022 · quote attribution · 1 verbatim quote · confidence high
a district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.
discussed Cited as authority (verbatim quote) Lammers v. Cooperative Producers, Inc.
D. Neb. · 2022 · quote attribution · 1 verbatim quote · confidence high
a district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.
discussed Cited as authority (verbatim quote) Lammers v. Ott
D. Neb. · 2022 · quote attribution · 1 verbatim quote · confidence high
a district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.
discussed Cited as authority (verbatim quote) Lammers v. State of Nebraska
D. Neb. · 2022 · quote attribution · 1 verbatim quote · confidence high
a district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.
discussed Cited as authority (verbatim quote) Saylor v. Jeffreys
D. Neb. · 2022 · quote attribution · 1 verbatim quote · confidence high
a district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.
discussed Cited as authority (verbatim quote) Sergent's Mechanical Systems, Inc. v. United States
Fed. Cl. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.
discussed Cited as authority (verbatim quote) Mynatt v. Hyatte
N.D. Ind. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.
discussed Cited as authority (verbatim quote) Fatir v. Phelps
D. Del. · 2021 · quote attribution · 1 verbatim quote · confidence high
a district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.
discussed Cited as authority (verbatim quote) Roberson v. Lawrence
S.D. Ill. · 2020 · quote attribution · 1 verbatim quote · confidence high
a district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.
discussed Cited as authority (verbatim quote) Gill v. Siddiqui
S.D. Ill. · 2020 · quote attribution · 1 verbatim quote · confidence high
a district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.
discussed Cited as authority (verbatim quote) Mudica v. Wexford Medical
N.D. Ind. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
a district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.
discussed Cited as authority (verbatim quote) Keel v. Carter
N.D. Ind. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
a district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.
discussed Cited as authority (verbatim quote) Fatir v. Phelps
D. Del. · 2020 · quote attribution · 1 verbatim quote · confidence high
a district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.
discussed Cited as authority (verbatim quote) Thorp v. District of Columbia
D.D.C. · 2018 · signal: see also · quote attribution · 1 verbatim quote · confidence high
istrict court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.
discussed Cited as authority (rule) Lamont Cutner v. Terry Standley, Captain B. Bibbs, Lt. J. Durant, DHO D. Williams, K. Borem
D.S.C. · 2026 · confidence medium
Importantly, “[a] district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.” Kaimowitz v. Orlando, Fla., 122 F.3d 41, 43 (11th Cir.), opinion amended on reh'g, 131 F.3d 950 (11th Cir. 1997).
discussed Cited as authority (rule) Fidencio Flories v. Charles Parra, in his official capacity as Field Office Director, Krome Detention Center, et al. (2×) also: Cited "see"
S.D. Fla. · 2026 · confidence medium
But that “injunctive relief must relate in some fashion to the relief requested in the complaint,” ibid., and a “district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit,” Kaimowitz v. Orlando, 122 F.3d 41, 43 (11th Cir. 1997) (per curiam); see also Gomez v. United States, 899 F.2d 1124, 1127 (11th Cir. 1990) (“Litigants are not entitled to greater temporary remedies pending litigation than they would be entitled to as the ultimate prevailing party.”); Devose v. Ha…
discussed Cited as authority (rule) Vanessa Tamiche Navarro v. Pamela Bondi, in her official capacity as Attorney General, et al.
M.D. Fla. · 2025 · confidence medium
This means that “injunctive relief must relate in some fashion to the relief requested in the complaint,” id., and cannot “deal[] with a matter lying wholly outside the issues in the suit,” Kaimowitz v. Orlando, 122 F.3d 41, 43 (11th Cir. 1997) (per curiam); see Gomez v. United States, 899 F.2d 1124, 1127 (11th Cir. 1990) (“Litigants are not entitled to greater temporary remedies pending litigation than they would be entitled to as the ultimate prevailing party.”).
discussed Cited as authority (rule) Green v. Garza
M.D. Penn. · 2025 · confidence medium
A district court “should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.” Kaimowitz v. Orlando, Fla., 122 F.3d 41, 43 (11th Cir. 1997) (citing De Beers Consol.
discussed Cited as authority (rule) Piras v. Director, Texas Service Center, USCIS
M.D. Fla. · 2025 · confidence medium
This means that “injunctive relief must relate in some fashion to the relief requested in the complaint,” , and a “district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit,” , 122 F.3d 41, 43 (11th Cir. 1997) (per curiam); , , 899 F.2d 1124, 1127 (11th Cir. 1990) (“Litigants are not entitled to greater temporary remedies pending litigation than they would be entitled to as the ultimate prevailing party.”); , 325 U.S. 212, 220 (1945) (“A preliminary injunction is …
discussed Cited as authority (rule) Hatcher v. Florida Civil Commitment Center
M.D. Fla. · 2025 · confidence medium
“A district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.” Kaimowitz v. Orlando, 122 F.3d 41, 43 (11th Cir. 1997).
discussed Cited as authority (rule) HILL v. TODD
M.D. Ga. · 2025 · confidence medium
Additionally, “[a] district court should not issue an injunction when the injunction in question is not of the same character[] and deals with a matter lying wholly outside the issues in the suit.” Kaimowitz v. Orlando, Fla., 122 F.3d 41, 43 (11th Cir. 1997).
discussed Cited as authority (rule) Talbert v. Shapiro
M.D. Penn. · 2025 · confidence medium
A district court “should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.” Kaimowitz v. Orlando, Fla., 122 F.3d 41, 43 (11th Cir. 1997) (citing De Beers Consol.
discussed Cited as authority (rule) Hall v. Harris
M.D. Fla. · 2025 · confidence medium
“A district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.” Kaimowitz v. Orlando, Fla., 122 F.3d 41, 43 (11th Cir. 1997).
cited Cited as authority (rule) Wilson v. Wakeman
W.D. Wash. · 2024 · confidence medium
Mines v. United States, 24 1 325 U.S. 212, 220 (1945); Kaimowitz v. Orlando, 122 F.3d 41, 43 (11th Cir. 1997).
discussed Cited as authority (rule) HAWKINS v. OLIVER
W.D. Pa. · 2024 · confidence medium
Pa. Apr. 19, 2022) (citing Kaimowitz v. Orlando, Fla., 122 F.3d 41, 43 (11th Cir. 1997) (rejecting injunctive relief where it “is not of the same character, and deals with a matter lying wholly outside the issues in the suit’) (citing De Beers Consol.
discussed Cited as authority (rule) Alabama State Conference of the NAACP v. Marshall
N.D. Ala. · 2024 · confidence medium
This is because common sense indicates that when Section 208 voters are deprived of their federal right to choose who they want to assist them in completing and submitting an absentee voter application, these very types of problems potentially will ensue. “[T]he Federal Rules of Civil Procedure do not expressly require a hearing on every motion for injunctive relief.” Kaimowitz v. Orlando, Fla., 122 F.3d 41, 43 (11th Cir. 1997); see also All Care Nursing Service, Inc. v. Bethesda Memorial Hosp., Inc., 887 F.2d 1535, 1538 (11th Cir. 1989) (stating the same).
discussed Cited as authority (rule) Crawford 249708 v. Robles
D. Ariz. · 2024 · confidence medium
A court should not 11 grant an injunction “when the injunction in question is not of the same character, and 12 deals with a matter lying wholly outside the issues in the suit.” Kaimowitz v. Orlando, 13 122 F.3d 41, 43 (11th Cir. 1997); Devose v. Herrington, 42 F.3d 470, 471 (8th Cir. 1994) 14 (affirming denial of an injunction request based on alleged retaliatory conduct unrelated 15 to the basis of a prisoner’s § 1983 claim for denial of medical care). 16 To the extent Plaintiff seeks injunctive relief based on allegations that prison 17 officials are harassing him and retaliating in …
discussed Cited as authority (rule) DAKER v. WARD
M.D. Ga. · 2024 · confidence medium
“A district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.” Kaimowitz v. Orlando, Fla., 122 F.3d 41, 43 (11th Cir. 1997) opinion amended on reh’g, 131 F.3d 950 (11th Cir. 1997).
discussed Cited as authority (rule) BROWN v. WASHINGTON
W.D. Pa. · 2024 · confidence medium
A district court “should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.”” Kaimowitz v. Orlando, Fla., 122 F.3d 41, 43 (1 1" Cir, 1997) (citing De Beers Consol.
discussed Cited as authority (rule) Semons v. Utter
E.D. Wis. · 2024 · confidence medium
Kaimowitz v. Orlando, Fla., 122 F.3d 41, 43 (11th Cir. 1997) (citing De Beers Consol.
discussed Cited as authority (rule) Collins v. Taylor
D.S.C. · 2024 · confidence medium
Importantly, “[a] district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.” Kaimowitz v. Orlando, Fla., 122 F.3d 41, 43 (11th Cir.), opinion amended on reh'g, 131 F.3d 950 (11th Cir. 1997).
discussed Cited as authority (rule) RICE v. BERRY
M.D. Ga. · 2024 · confidence medium
“A district court should not issue an injunction when the injunction in question is not of the same character and deals with a matter lying wholly outside the issues in the suit.” Kaimowitz v. Orlando Fla., 122 F.3d 41, 43 (11th Cir. 1997).
cited Cited as authority (rule) Kenneth Eugene Smith v. Commissioner, Alabama Department of Corrections
11th Cir. · 2024 · signal: cf. · confidence medium
Cf. Kaimowitz v. Orlando, 122 F.3d 41, 43 (11th Cir. 1997) (per curiam).
discussed Cited as authority (rule) Johnson v. Fishley
M.D. Fla. · 2024 · confidence medium
Kaimowitz v. Orlando, Fla., 122 F.3d 41, 43 (11th Cir. 1997), opinion amended on reh’g, 131 F.3d 950 (11th Cir. 1997) (“A district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.”).
discussed Cited as authority (rule) CONRAD v. MERENDINO (2×)
D.N.J. · 2023 · confidence medium
Stated differently, a court must dismiss a request for injunctive relief if it is “not of the same character[] and deals with a matter lying wholly outside the issues in the suit.” E.g., Talbert, 2022 WL 4357472 , at *2 (quoting Kaimowitz v. Orlando, Fla., 122 F.3d 41, 43 (11th Cir. 1997)); Hubert v. Luscavage, No. 21-01523, 2022 WL 782321 , at *3 (M.D.
discussed Cited as authority (rule) Collins v. Taylor
D.S.C. · 2023 · confidence medium
Importantly, “[a] district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.” Kaimowitz v. Orlando, Fla., 122 F.3d 41, 43 (11th Cir.), opinion amended on reh’g, 131 F.3d 950 (11th Cir. 1997).
cited Cited as authority (rule) Barrett v. Bridges
E.D. Wis. · 2023 · confidence medium
Kaimowitz v. Orlando, Fla., 122 F.3d 41, 43 (11th Cir. 1997) (citations omitted)); see Peace v. Pollard, Case No. 15-cv-481, 2017 WL 564016 at *1 (E.D.
discussed Cited as authority (rule) DEFOGGI v. N'DIAYE
D.N.J. · 2023 · confidence medium
“A district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.” Kaimowitz v. Orlando, Fla., 122 F.3d 41, 43 (11th Cir.), opinion amended on reh’g, 131 F.3d 950 (11th Cir. 1997) (citing De Beers Consol.
discussed Cited as authority (rule) DAKER v. WARD
M.D. Ga. · 2023 · confidence medium
First, preliminary injunctions are intended “to grant intermediate relief of the same character as that which may be granted finally.” Kaimowitz v. Orlando, Fla., 122 F.3d 41, 43 (11th Cir. 1997), opinion amended on reh’g 131 F.3d 950 (11th Cir. 1997).
discussed Cited as authority (rule) EINES v. MAYNARD
S.D. Ind. · 2023 · confidence medium
De Beers, 325 U.S. at 220 ; see also Little v. Jones, 607 F.3d 1245, 1251 (10th Cir. 2010) ("[T]he movant must establish a relationship between the injury claimed in the party's motion and the conduct asserted in the complaint.") (citations omitted); Kaimowitz v. Orlando, Fla., 122 F.3d 41, 43 (11th Cir.1997) (same); Devose v. Herrington, 42 F.3d 470, 471 (8th Cir. 1994) (same).
discussed Cited as authority (rule) Johnson v. Garner
M.D. Fla. · 2022 · confidence medium
Kaimowitz v. Orlando, Fla., 122 F.3d 41, 43 (11th Cir. 1997), opinion amended on reh’g, 131 F.3d 950 (11th Cir. 1997) (“A district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.”).
discussed Cited as authority (rule) Talbert v. Beaver
M.D. Penn. · 2022 · confidence medium
A request for injunctive relief must, therefore, be dismissed if “the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit.” Kaimowitz v. Orlando, Fla., 122 F.3d 41, 43 (11th Cir. 1997) (citing De Beers Consol.
discussed Cited as authority (rule) STANLEY v. WHITENTIN
M.D. Ga. · 2022 · confidence medium
District courts “should not issue an injunction when the injunction in question is not of the same character and deals with a matter lying wholly outside the issues in the suit.” Kaimowitz v. Orlando, 122 F.3d 41, 43 (11th Cir. 1997), opinion amended on other grounds on reh’g, 131 F.3d 950 (11th Cir. 1997).
cited Cited as authority (rule) TRACY v. WEXFORD OF INDIANA, LLC.
S.D. Ind. · 2022 · confidence medium
Kaimowitz v. Orlando, Fla., 122 F.3d 41, 43 (11th Cir.1997) (citing De Beers Consol.
Retrieving the full opinion text from the archive…
Gabe KAIMOWITZ, Esquire, Qui Tam, Plaintiff-Appellant, USA, Ex Rel., Plaintiff,
v.
ORLANDO, FL., Rick Bernhardt, Orlando Neighborhood Improvement Corporation (“ONIC”), Defendants-Appellees
96-2307.
Court of Appeals for the Eleventh Circuit.
Sep 15, 1997.
122 F.3d 41
Gabe Kaimowitz, Gainesville, FL, Pro Se., Robert E. Bonner, Eubanks, Hilyard, Rumbley, Meier & Lengauer, P.A., Orlando, FL, John C. Reber, Rush, Marshall, Reber and Jones, P.A., Orlando, FL, for Defendants-Appellees.
Anderson, Black, Clark, Per Curiam.
Cited by 148 opinions  |  Published
PER CURIAM:

This is an interlocutory appeal from the district court’s denial of a motion for a preliminary injunction. Appellant Kaimowitz brought the underlying action, a qui tam claim against the City of Orlando, Florida, inter alia, alleging that the defendants knowingly and improperly obtained funds from several federal agencies for the development or improvement of properties in minority-concentrated areas of Orlando, Florida. While the action was pending, Kaimowitz moved for a prehminary injunction, stating that a city ordinance allowed members of the public to speak for five minutes each at the conclusion of city council meetings on any subject, and gave the city counsel and the mayor the authority to enlarge the five-minute time limit. He alleged that the mayor and the city council refused to let him speak beyond the five-minute limit and, on one occasion when he did not stop speaking after the time limit, had the police forcibly remove and restrain him until the city council meeting concluded. Kaimowitz asked the district court to grant an injunction denying the mayor’s right to enforce the five-minute time limit, stating that the time limit chilled his First Amendment right to free speech. He also asked the district court to declare the ordinance unconstitutional, because the authority to extend the five-minute limit could be used arbitrarily to permit those in agreement with the city leaders to continue speaking while the denial of an extension would silence opposition.

The district court denied the motion for a preliminary injunction, finding that the injunction was not related to the qui tam action, and that it would be unnecessarily confusing to allow Kaimowitz to bring a personal action along with an action on behalf of the government. The district court directed Kaimowitz to file his individual claims in a separate action.

On appeal, Kaimowitz raises three issues: (1) the district court erred in denying his motion to amend his complaint; (2) the district court erred in denying his motion for a preliminary injunction because restraint is necessary to keep the defendants from intimidating him; and (3) the district court erred in failing to hold a hearing on his motion for an injunction.

[*43] Any review of the district court’s denial of Kaimowitz’ motion to amend his complaint is premature. This ease is before the court as an interlocutory appeal from the district court’s order denying Kaimowitz’ request for a preliminary injunction. That order is immediately appealable under 28 U.S.C. § 1292(a)(1), but the scope of the court’s jurisdiction is limited to matters directly related to the denial of injunctive relief. [1] . The issues underlying the motion for a preliminary injunction differ from the issues raised in the qui tam action; in addition, there is nothing for the court to review because the district court has not ruled on the qui tam claim. Consequently, this court lacks jurisdiction under § 1292(a)(1) to review the district court’s denial of Kaimowitz’ motion to amend his complaint.

This Court reviews the district court’s denial of a preliminary injunction under an abuse of discretion standard. [2] A preliminary injunction is always appropriate to grant intermediate relief of the same character as that which may be granted finally. [3] A district court should not issue an injunction when the injunction in question is not of the same character, and deals with a matter lying wholly outside the issues in the suit. [4] Here, the suit is one for damages on a claim of fraud. In his injunction Kaimowitz sought equitable relief regarding a First Amendment issue, but that relief was not of the same character that could be granted finally, and dealt with a matter that was wholly outside of the issues in the suit. The district court did not err in denying the motion for an injunction.

As to Kaimowitz’ contention that the district court was required to hold an evidentiary hearing, the Federal Rules of Civil Procedure state only that “[n]o preliminary injunction shall be issued without notice to the adverse party,” [5] and do not expressly require a hearing on every motion for injunctive relief. [6] Generally, evidentiary hearings are required prior to the issuance or denial of a motion for preliminary injunction only where there is a presumption of irreparable harm, as in a Title VII employment discrimination case. [7] Because there is no presumption of irreparable harm in this case, the district court did not err in not holding a hearing.

AFFIRMED.

1

. See Callaway v. Block, 763 F.2d 1283, 1287 n. 6 (11th Cir.1985) ("As a general rule, when an appeal is taken from the grant or denial of a preliminary injunction, the reviewing court will go no further into the merits than is necessary to decide the interlocutory appeal”).

2

. Mitsubishi Int'l Corp. v. Cardinal Textile Sales, Inc., 14 F.3d 1507, 1517 (11th Cir.1994), cert. denied, 513 U.S. 1146, 115 S.Ct. 1092, 130 L.Ed.2d 1061 (1995); see also Cafe 207, Inc. v. St. Johns County, 989 F.2d 1136, 1137 (11th Cir.1993) (noting that preliminary injunction is a "drastic remedy”).

3

. De Beers Consol. Mines v. U.S., 325 U.S. 212, 220, 65 S.Ct. 1130, 1134, 89 L.Ed. 1566 (1945) (emphasis added).

6

. See Baker v. Buckeye Cellulose Corp., 856 F.2d 167, 169 (11th Cir.1988).

7

. See id.