REINHOLD CONSTRUCTION, INC., APPELLANT,
v.
CITY COUNCIL FOR THE CITY OF VERO BEACH, FLORIDA, APPELLEE

Fla. 4th DCA | 1983-01-26
No. 82-2110
LETTS, C.J., and GLICKSTEIN and DELL, JJ., concur.
429 So. 2d 699 Florida District Court of Appeal, Fourth District (1983) Caution
Cited by 82 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Reinhold Construction, Inc. appeals a non-final order denying its amended motion for temporary injunction. We affirm.

Appellant failed to establish that it had a clear legal right to the relief requested, one of the essential requirements before a temporary injunction may be granted. Playpen South, Inc. v. City of Oakland Park, 396 So. 2d 830 (Fla. 4th DCA 1981). The trial court found that appellant did not meet the clear legal right test because appellant had no substantial likelihood of success on the merits. The trial court’s ruling on a motion for injunction comes to this Court with a presumption of correctness and will be reversed only upon a showing of a clear abuse of discretion or a clearly improper ruling. Duvallon v. Duvallon, 409 So. 2d 1162 (Fla. 3d DCA 1982). Appellant has not met its heavy burden to demonstrate error in the trial court’s decision not to grant a temporary injunction.

Accordingly, we affirm the order denying appellant’s amended motion for temporary injunction.

AFFIRMED.

LETTS, C.J., and GLICKSTEIN and DELL, JJ., concur.


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Cited By (40 total)

  • City OF Jacksonville v. Naegele Outdoor Advertising Co., 634 So. 2d 750 (Fla. 1st DCA 1994)
    …., 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 (Fla. 4th DCA 1983); Heavener. Mid-Florida at Eustis, Inc. v. Griffin, 521 So. 2d 357 (1988). Not without force, the City argues that the trial court’s conclusion that it has “presented substantial facts and law in defense” precludes a temporary in…
  • In re Guardianship OF D.A.McW. v. McWHITE, 460 So. 2d 368 (Fla. 1984)
    …OVERTON, Justice. This is a petition to review a decision of the Fourth District Court of Appeal reported as In re Guardianship of D.A.McW., 429 So. 2d 699 (Fla. 4th DCA 1983), in which the district court held that the custody rights of a natural father of a child born out of wedlock must prevail over the rights of the child’s maternal grandmother when it is determined that the father is a fit person f…
  • Cordis Corp. v. Prooslin, 482 So. 2d 486 (Fla. 3d DCA 1986)
    …and Park, 396 So. 2d 830, 830-31 (Fla. 4th DCA 1981). The clear-legal-right factor is equivalent to, or at least envelops, the criterion of a substantial likelihood of success on the merits. See Reinhold Constr., Inc. v. City Council for Vero Beach, 429 So. 2d 699 (Fla. 4th DCA 1983). . We note that, in the event Cordis prevails after a full trial on the merits, the trial judge is empowered to extend the restrictive periods beyond the times specified in the Fair Competition Agreement in order to insure Cordi…

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