HARVEY S. PALLEN, HOWARD DOLLINGER AND PALLEN, RICHARDSON & DOLLINGER, D.D.S., P.A., APPELLANTS,
v.
STANLEY M. RICHARDSON, APPELLEE
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Court reversed an injunction against two dentists who locked out a third from their joint practice, holding that monetary damages provide an adequate remedy at law and the plaintiff failed to demonstrate irreparable harm.
An injunction is improper when the plaintiff has an adequate remedy at law through money damages and fails to show that irreparable harm will result without injunctive relief.
[1] Injunctive relief is unavailable when a plaintiff has an adequate remedy at law through monetary damages and fails to establish that irreparable harm will result absent a…
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Join FLexlaw to unlock all legal intelligenceTwo dentists in a professional corporation physically locked out a third dentist and removed him as a practicing member, prompting the locked-out dent…
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PER CURIAM.
This is an appeal from a temporary restraining order and a subsequent permanent injunction entered in an action below sounding in (1) constructive fraud and breach of fiduciary duty, (2) tortious interference with an advantageous business relationship, and (3) fraud in the inducement. The action arose after the defendants [two dentists in a professional corporation] physically locked out the plaintiff [a third dentist in the same corporation] from the parties’ joint dental offices and removed the latter as a practicing dentist in the corporation.
Because we conclude that (1) the plaintiff Stanley M. Richardson has an adequate remedy at law as it is plain that the actions he has pled below are solely compensable by money damages, and (2) the said plaintiff has made no showing that irreparable harm will result if an injunction is not granted [i.e., that money damages will not alone adequately compensate the plaintiff], we reverse the injunctive orders under review and remand the cause for further proceedings. See Mosely v. DeMoya, 497 So. 2d 696, 697-98 (Fla. 3d DCA 1986); Mike Smith Pontiac GMC, Inc. v. Smith, 486 So. 2d 89, 90 (Fla. 5th DCA 1986); Oxford Int’l Bank & Trust, Ltd. v. Merrill, Lynch, Pierce, Fenner & Smith, Inc., 374 So. 2d 54, 55 (Fla. 3d DCA 1979), cert. dismissed, 383 So. 2d 1199 (Fla.1980); Montgomery Pipe & Tube Co. v. Mann, 205 So. 2d 660, 661-62 (Fla. 3d DCA 1968).
REVERSED AND REMANDED.
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Citator
Cited By
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Jack Eckerd Corp. v. 17070 Collins Ave. Shopping Ctr., Ltd., 563 So. 2d 103 (Fla. 3d DCA 1990)…able: For injunctive relief purposes, irreparable harm is not established where the potential loss can be adequately compensated for by a monetary award. B.G.H. v. Presidential Fire & Casualty Co., 549 So. 2d at 198; see also Pallen v. Richardson, 531 So. 2d 1043 (Fla. 3d DCA 1988). The majority relies on L. Luria & Son, Inc. v. Fingerman, 497 So. 2d 682 (Fla. 3d DCA 1986) for the proposition that a tenant need not prove financial harm as a basis for a temporary injunction. However, this court reversed the…
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Shearson Lehman Hutton, Inc. v. Meyer, 561 So. 2d 1331 (Fla. 5th DCA 1990)…related to age or sex discrimination. We find that it erred in the latter respect. Injunctive relief is simply not available to prevent a termination of private employment inasmuch as the employee has an adequate remedy at law. Pallen v. Richardson, 531 So. 2d 1043 (Fla. 3d DCA 1988); Mosely v, DeMoya, 497 So. 2d 696, 697-98 (Fla. 3d DCA 1986); Mike Smith Pontiac GMC, Inc. v. Smith, 486 So. 2d 89, 90 (Fla. 5th DCA 1986); Dania Jai-Alai International v. Murua, 375 So. 2d 57 (Fla. 4th DCA 1979); Oxford Internati…
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State Farm Mut. Auto. Ins. Co. v. Misti Green, 579 So. 2d 402 (Fla. 5th DCA 1991)…ver money damages does not entitle a party to equitable relief. In this case, Green clearly had an adequate remedy at law and made no showing that she would suffer irreparable damage if the temporary relief was not granted. See Pallen v. Richardson, 531 So. 2d 1043 (Fla. 3d DCA 1988). The final judgment was erroneously entered and the case is reversed and remanded for trial. REVERSED and REMANDED. COWART and HARRIS, JJ., concur.…
Authorities 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)
- Mike Smith Pontiac GMC, Inc. v. Smith, 486 So. 2d 89 (Fla. 5th DCA 1986)
- Mosely v. de Moya, 497 So. 2d 696 (Fla. 3d DCA 1986)
- Montgomery Pipe & Tube Co. OF Fla. v. Mann, 205 So. 2d 660 (Fla. 3d DCA 1968)