ISLANDIA CONDOMINIUM ASSOCIATION, INC., APPELLANT,
v.
DANIEL M. VERMUT AND SUSAN H. VERMUT, APPELLEES
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Florida appellate court reversed a preliminary injunction preventing a condominium association from repainting a unit's exterior, holding that the trial court failed to demonstrate irreparable harm or inadequate remedy at law required for such extraordinary relief.
A preliminary injunction preventing a condominium association from repainting a unit exterior must be based on irreparable harm and inadequate remedy at law, which were not demonstrated here.
[1] A preliminary injunction is an extraordinary remedy that requires demonstration of irreparable harm and inadequate remedy at law, not merely aesthetic objections to a con…
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Join FLexlaw to unlock all legal intelligenceA condominium association sought to repaint the exterior of a unit in a 47-building complex. The unit owners objected, claiming the building did not n…
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BERANEK, Judge.
This is an interlocutory appeal contesting the issuance of a preliminary injunction which prevents a condominium association from painting the exterior of one condominium unit in a 47-building condominium complex. Plaintiffs/appellees filed suit and obtained a preliminary injunction because they objected to the repainting of their building. Plaintiffs contended that the building did not need painting and that they did not like the color it was to be repainted. The trial court granted a preliminary injunction. Numerous errors are asserted on appeal. We reverse based on only one without reaching or ruling upon the other asserted errors. The issuance of a preliminary injunction is an extraordinary and drastic remedy which should be granted sparingly. A preliminary injunction must be based upon: (1) irreparable harm, (2) a clear legal right, (3) an inadequate remedy at law, and (4) considerations of the public interest. Oxford International Bank and Trust, Ltd., v. Merrill, Lynch, etc., 374 So. 2d 54 (Fla.1979); Contemporary Interiors v. Four Marks, Inc., 384 So. 2d 734 (Fla. 4th DCA 1980). The trial court erroneously issued the preliminary injunction here without a demonstration of irreparable harm or an inadequate remedy at law. The preliminary injunction is vacated and the matter remanded for further proceedings.
REVERSED AND REMANDED.
ANSTEAD, C.J., and HURLEY, J., concur.
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City OF Jacksonville v. Naegele Outdoor Advertising Co., 634 So. 2d 750 (Fla. 1st DCA 1994)…: (1) The likelihood of irreparable harm; (2) the unavailability of an adequate remedy at law; (3) substantial likelihood of success on the merits; and (4) considerations of the public interest. See Islandia Condominium Association, Inc. v. Ver-mut, 438 So. 2d 89 (Fla. 4th DCA 1983); Playpen South, Inc. v. City of Oakland Park, 396 So. 2d 830 (Fla. 4th DCA 1981). Here the trial court perceived “sufficient testimony and other evidence of’ irreparable [*753] harm and the unavailability of an adequate remedy a…
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Thompson v. Planning Comm'n OF the City OF Jacksonville, 464 So. 2d 1231 (Fla. 1st DCA 1985)…a: (1) The likelihood of irreparable harm; (2) the unavailability of an adequate remedy at law; (3) substantial likelihood of success on the merits; and (4) considerations of the public interest. See Islandia Condominium Association, Inc. v. Vermut, 438 So. 2d 89 (Fla. 4th DCA 1983); Playpen South, Inc. v. City of Oakland Park, 396 So. 2d 830 (Fla. 4th DCA 1981). This court may not interfere with the trial court’s ruling on the motion for preliminary injunction unless there is a showing of “a clear abuse of…
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Weinstein v. Yoram Aisenberg, 758 So. 2d 705 (Fla. 4th DCA 2000)…rable harm; (2) a clear legal right; (3) an inadequate remedy at law; and (4) that the public interest will be served. Oxford Int’l Bank and Trust, Ltd. v. Merrill, Lynch, etc., 374 So. 2d 54 (Fla. 3d DCA 1979); Islandia Condominium, Inc. v. Vermut, 438 So. 2d 89 (Fla. 4th DCA 1983); Contemporary Interiors v. Four Marks, Inc., 384 So. 2d 734 (Fla. 4th DCA 1980). We agree with appellants that the appellee failed to meet the requirements for issuance of a temporary injunction to prevent them from withdrawing f…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Contemporary Interiors, Inc. v. Four Marks, Inc., 384 So. 2d 734 (Fla. 4th DCA 1980)
- 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)