HANNAH HAUSBACH AND FORBES FARM, INC., APPELLANTS,
v.
SOUTHEAST BANK, N.A., APPELLEE
HANNAH HAUSBACH AND FORBES FARM, INC., APPELLANTS,
SOUTHEAST BANK, N.A., APPELLEE
490 So. 2d 976
Florida District Court of Appeal, Fourth District (1986)
Caution
Cited by 28 cases
Opinion of the Court
PER CURIAM.
Reversed and remanded on the authority of Finkelstein v. Southeast Bank, 490 So. 2d 976 (Fla. 4th DCA 1986). Upon review of the record we find insufficient evidence to sustain the entry and continuation of an injunction freezing the bank accounts of appellants.
ANSTEAD, GLICKSTEIN and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (26 total)
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Hiles v. Auto Bahn Fed'n, Inc., 498 So. 2d 997 (Fla. 4th DCA 1986)…. We reverse. A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate remedy at law; 4) consideration of the public interest. Finkelstein v. Southeast Bank, N.A., 490 So. 2d 976, 980 (Fla. 4th DCA 1986). Since a temporary injunction is an extraordinary remedy, it should be granted sparingly and only after the moving party has alleged and proved facts entitling it to relief. Contemporary Interiors, Inc. v. Four Marks, Inc.,…
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Abele v. Sawyer, 750 So. 2d 70 (Fla. 4th DCA 1999)…made other allegations, which need not be detailed here. A constructive trust is imposed by operation of law as an equitable remedy in a situation where there is a wrongful taking of the property of another. See Finkelstein v. Southeast Bank, N.A., 490 So. 2d 976, 984 (Fla. 4th DCA 1986). The necessary elements for imposition of a constructive trust are: (1) a promise, express or implied; (2) a transfer of the property and reliance thereon; (3) a confidential relationship; and (4) unjust enrichment. See Prov…
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Korn v. Ambassador Homes, Inc., 546 So. 2d 756 (Fla. 3d DCA 1989)…kelihood of success on the merits with respect to the constructive trust claim, ITT Community Dev. Corp. v. Barton, 457 F.Supp. 224 (M.D.Fla.1978); Republic of Haiti v. Jeremie, 505 So. 2d 629 (Fla. 3d DCA 1987); Finkelstein v. Southeast Bank, N.A., 490 So. 2d 976 (Fla. 4th DCA 1986), and (b) a temporary injunction is proper to maintain the status quo, as here, pending the outcome of an arbitration claim. PMS Distrib. Co. v. Huber & Suhner, A.G., 863 F. 2d 639 (9th Cir.1988); Teradyne, Inc. v. Mostek Corp., 7…
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- Finkelstein v. Se. Bank, N.A., 490 So. 2d 976 (Fla. 4th DCA 1986)