ROBERT B. RUSSELL AND RUSSELL FLORIDA LANDS, INC., APPELLANTS,
v.
FLORIDA RANCH LANDS, INC., APPELLEE
SHARP, Judge.
Robert Russell and Russell Florida Lands, Inc., appeal the lower court’s non-final order granting appellee’s motion for a temporary injunction. The essential elements which must be proved before a preliminary injunction can be issued are a legal right in the subject matter of the suit, likelihood of irreparable harm because of the unavailability of an adequate remedy at law and a substantial likelihood of success on the merits. Oxford International Bank and Trust, Ltd. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 374 So. 2d 54 (Fla. 3d DCA 1979). Since none of these elements were established by the testimony or record in this case, there was no foundation upon which to ground a preliminary injunction. Accordingly, it is
REVERSED.
COBB and COWART, JJ., concur.
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City OF Jacksonville v. Naegele Outdoor Advertising Co., 634 So. 2d 750 (Fla. 1st DCA 1994)…So. 2d 1199 (Fla.1980). It must appear that the petition has a substantial likelihood of success, on the merits. Heavener, Ogier Services, Inc. v. R.W. Florida Region, Inc., 418 So. 2d 1074 (Fla. 5th DCA 1982); Russell v. Florida Ranch Lands, Inc., 414 So. 2d 1178 (Fla. 5th DCA 1982). The establishment of a clear legal right to the relief requested is an essential requirement prior to the issuance of a temporary injunction. Reinhold Construction, Inc. v. City Council for City of Vero Beach, 429 So. 2d 699 (Fl…
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Heavener v. R. W. Fla. Region, Inc., 418 So. 2d 1074 (Fla. 5th DCA 1982)…interest in the subject matter of the suit, (2) a substantial likelihood of success on the merits and (3) the likelihood of irreparable harm because of the unavailability of an adequate remedy at law. See, e.g., Russell v. Florida Ranch Lands, Inc., 414 So. 2d 1178 (Fla. 5th DCA 1982). Temporary injunctions have been recognized as a viable form of relief in a suit for tortious interference with a contract. See, e.g., Knight v. City of Miami, 127 Fla. 585, 173 So. 801 (1937); Dade Enterprises, Inc. v. Wometco T…
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Mervin Stetson Langford v. Rotech Oxygen & Med. Equip., Inc., 541 So. 2d 1267 (Fla. 5th DCA 1989)…has no adequate remedy at law; (3) he has a clear legal right2 or interest in the subject matter of the suit. See Heavener, Ogier Services, Inc. v. R.W. Florida Region, Inc., 418 So. 2d 1074 (Fla. 5th DCA 1982). Russell v. Florida Ranch Lands, Inc., 414 So. 2d 1178 (Fla. 5th DCA 1982). The establishment of a clear legal right to the relief requested is an essential requirement prior to the issuance of a temporary injunction. Reinhold Construction, Inc. v. City Council for the City of Vero Beach, 429 So. 2d 699…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Oxford Int'l Bank & Tr., Ltd. v. Merrill Lynch, 374 So. 2d 54 (Fla. 3d DCA 1979)
- Harris v. Fla. Dep't OF Labor & Emp. Sec., 374 So. 2d 54 (Fla. 3d DCA 1979)