JACKSONVILLE ELECTRIC AUTHORITY, APPELLANT,
v.
BEEMIK BUILDERS & CONSTRUCTORS, INC., A FLORIDA CORPORATION, APPELLEE
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Jacksonville Electric Authority appeals from a temporary injunction preventing it from canceling a construction contract with Beemik Builders. The court holds that the temporary injunction was incorrectly issued because Beemik failed to demonstrate irreparable injury, as money damages provide an adequate remedy in contract disputes.
The temporary injunction was incorrectly issued and is reversed. A temporary injunction may only be issued when the plaintiff clearly demonstrates irreparable injury, which cannot be based on speculative future effects to bonding capacity. Additionally, in contract actions, money damages are ordinarily available as an adequate remedy, precluding injunctive relief.
[1] A temporary injunction will only be issued when the plaintiff can clearly demonstrate that irreparable injury would follow the denial of the injunction.
[2] Irreparable injury will not be found where the injury complained of is doubtful, eventual, or contingent.
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Join FLexlaw to unlock all legal intelligence“It is standard hornbook law that a temporary injunction will only be issued in situations wherein the plaintiff can clearly demonstrate that irreparable injury would follow the denial of the injunction.”
Establishes the foundational legal standard for obtaining a temporary injunction
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Join FLexlaw to unlock all legal intelligenceJEA and Beemik entered into a contract for construction of a metal building. The contract allowed JEA to terminate if the contractor failed to supply …
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ERVIN, Judge.
Jacksonville Electric Company (JEA) appeals from a non-final order issuing a temporary injunction on January 16, 1986 and a non-final order issued January 27, 1986, denying a motion to dissolve the temporary injunction. We find the temporary injunction was incorrectly issued and reverse both orders.
JEA and Beemik Builders and Constructors, Inc. (Beemik), entered into a contract calling for construction of a preengineered metal building. The contract conferred on JEA the right to terminate the contract if the contractor files bankruptcy, if it fails to supply sufficient skilled workmen or suitable equipment or materials, or if it repeatedly fails to perform to schedule or repeatedly fails to make payments to subcontractors. Although the contract did not include a construction schedule, it included a provision requiring the contractor to submit such schedule for approval by JEA. The schedule was submitted and approved; however, due to numerous problems, the building was not completed in September 1985 pursuant to the schedule.
In January 1986 JEA determined that it needed to control the work site and advised Beemik of its intention to cancel pursuant to the contract’s non-performance clause. Beemik brought suit to enjoin JEA from cancellation. Following a hearing thereon, the circuit court issued a temporary injunction on January 16, 1986, and an amended temporary injunction on January 27, 1986, enjoining JEA “from interfering with the completion of the construction to be performed by the plaintiff in accordance with the construction contract between the plaintiff and the defendant.” We reverse.
It is standard hornbook law that a temporary injunction will only be issued in situations wherein the plaintiff can clearly demonstrate that irreparable injury would follow the denial of the injunction. Cramp v. Board of Public Instruction of Orange County, 118 So. 2d 541, 554 (Fla.1960). Irreparable injury will never be found where the injury complained of is “doubtful, eventual or contingent.” First National Bank in St. Petersburg v. Ferris, 156 So. 2d 421, 424 (Fla.2d DCA 1963).
The record in the instant case and the amended order granting the injunction fail to establish irreparable injury.
The circuit court reached its finding of irreparable injury by concluding that cancellation of the contract would “substantially impair the [appellee’s] bonding capacity ... [, interfering] with its ability to do business.” The only evidence presented at the hearing concerning irreparable injury was a self-serving statement by the president of the appellee that cancellation of the contract would impair the company’s bonding capacity and “absolutely put us out of business, no doubt about that.” A representative of the bonding company also testified that the contract’s cancellation might have a detrimental effect upon Beemik’s ability to obtain construction bonds in the future. Speculation over possible future detrimental effects upon one’s bonding capability following a contract’s revocation is not irreparable injury and cannot justify the issuance of a temporary injunction.
Irreparable injury will not be found if money damages are available as a remedy. City of Miami Springs v. Steffen, 423 So. 2d 930 (Fla.3d DCA 1982). In a contract action, injunctive relief is seldom the appropriate remedy, as money damages are ordinarily available. Gonzalez v. Benoit, 424 So. 2d 957, 959 (Fla.3d DCA 1983); Professional Golfers Association of America v. Banker’s Life and Casualty Co., 166 So. 2d 488 (Fla.2d DCA 1964). In the instant case, the injury which appellee alleges is one that may be remedied by an action at law for damages. If, in a later case, the appellee prevails on its assertions that the contract was wrongfully breached, the appellee may recover money damages for the breach.
REVERSED.
WENTWORTH and JOANOS, JJ., concur.
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S. Fla. Limousines, Inc. v. Broward Cnty. Aviation Dep't, 512 So. 2d 1059 (Fla. 4th DCA 1987)…v. Greyhound Lines, Inc., Southern Greyhound Lines Division, 212 So. 2d 365 (Fla. 4th DCA 1968). Irreparable injury will not be found if money damages are available as a remedy. Jacksonville Electric Authority v. Beemik Builders & Constructors Inc., 487 So. 2d 372 (Fla. 1st DCA 1986); Supreme Service Station Corp. v. Telecredit Service Center, Inc., 424 So. 2d 844 (Fla. 3d DCA 1982); City of Miami Springs v. Steffen, 423 So. 2d 930 (Fla. 3d DCA 1982); Goldberger v. Regency Highland Condominium Association, In…
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Biscayne Park, LLC v. Wal-Mart Stores E., LP, 34 So. 3d 24 (Fla. 3d DCA 2010)…future contamination of the groundwater through the wells. Because the alleged injury is speculative, we conclude that it is insufficient to meet the irreparable injury standard. See Jacksonville Elec. Auth. v. Beemik Builders & Constructors, Inc., 487 So. 2d 372, 373 (Fla. 1st DCA 1986) (“Irreparable injury will never be found where the injury complained of is ‘doubtful, eventual, or contingent.’ ” (quoting First Nat’l Bank in St. Petersburg v. Ferris, 156 [*27] So. 2d 421, 424 (Fla. 2d DCA 1963))). Additio…
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Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cramp v. Bd. OF Pub. Instruction OF Orange Cnty., 118 So. 2d 541 (Fla. 1960)
- City OF Miami Springs v. Steffen, 423 So. 2d 930 (Fla. 3d DCA 1982)
- Polakow v. Bone & Schultz Corp., 156 So. 2d 421 (Fla. 3d DCA 1963)
- The First Nat'l Bank IN ST. Petersburg v. Ferris, 156 So. 2d 421 (Fla. 2d DCA 1963)
- Nestor Gonzalez v. Francoise Benoit, 424 So. 2d 957 (Fla. 3d DCA 1983)
- The Prof'l Golfers Ass'n OF Am. v. Bankers Life & Cas. Co., 166 So. 2d 488 (Fla. 2d DCA 1964)