SAM KORN AND BEVERLY KORN, APPELLANTS,
v.
AMBASSADOR HOMES, INC. F/K/A AMBASSADOR REAL ESTATE EQUITIES CORPORATION, APPELLEE
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Court affirmed temporary injunction freezing assets pending arbitration of constructive trust claim, holding that injunction is proper to preserve the res when dissipation is probable and success on the merits is reasonably likely.
A temporary injunction may be issued to freeze the res of an alleged constructive trust when there is probable danger of dissipation and reasonable likelihood of success on the merits, and to maintain status quo pending arbitration.
[1] A temporary injunction lies to freeze the res of an alleged constructive trust upon showing that the res is in probable danger of dissipation and that there is reasonable…
[2] A temporary injunction is proper to maintain the status quo pending the outcome of an arbitration claim when the requisite elements of irreparable harm and lack of adequa…
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Join FLexlaw to unlock all legal intelligenceKorn appealed from orders granting a temporary injunction pending arbitration on a constructive trust claim and refusing to dissolve that injunction.…
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PER CURIAM.
This is an appeal from two non-final orders which (1) grant a temporary-injunction pending arbitration on a constructive trust claim, and (2) refuse to dissolve this injunction.
We affirm the orders under review based on a holding that: (a) a temporary injunction lies to freeze the res of an alleged constructive trust upon a showing, as here, that the res is in probable danger of dissipation and that there is a reasonable likelihood 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., 797 F. 2d 43 (1st Cir.1986); Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Bradley, 756 F. 2d 1048 (4th Cir.1985); Roso-Lino Beverage Distribs., Inc. v. Coca-Cola Bottling Co. of N.Y., Inc., 749 F. 2d 124 (2d Cir.1984); Sauer-Getriebe KG v. White Hydraulics, Inc., 715 F. 2d 348 (7th Cir.1983), cert. denied, 464 U.S. 1070, 104 S.Ct. 976, 79 L.Ed.2d 214 (1984).
We have not overlooked the appellant’s extensive arguments to the contrary, but are convinced that all the elements necessary for a temporary injunction, including irreparable harm and no adequate remedy at law, have been shown in this case.
Affirmed.
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Citator
Cited By (14 total)
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Weinstein v. Yoram Aisenberg, 758 So. 2d 705 (Fla. 4th DCA 2000)…, Florida Statutes (1999). Nor did Asenberg seek an injunction incident to an action to impose a constructive trust on the bank accounts. See Castillo v. Vlaminck de Castillo, 701 So. 2d 1198, 1199 (Fla. 3d DCA 1997); Korn v. Ambassador Homes, Inc., 546 So. 2d 756, 757 (Fla. 3d DCA 1989); see generally, Quinn v. Phipps, 93 Fla. 805, 113 So. 419 (1927); [*708] Staples v. Battisti, 191 So. 2d 583, 585 (Pla. 3d DCA 1966). Many district court of appeal cases have held that a court may not grant the equitable rel…
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Mendes v. Dowelanco Indus. Ltda., 651 So. 2d 776 (Fla. 3d DCA 1995)…d 557 (Fla. 3d DCA 1994), and (3) whether a claim for injunctive relief properly lies, see ITT Community Dev. Corp. v. Barton, 457 F.Supp. 224 (M.D.Fla. 1978); Barbouti v. Lysandrou, 559 So. 2d 648 (Fla. 3d DCA 1990); Korn v. Ambassador Homes, Inc., 546 So. 2d 756 (Fla. 3d DCA 1989); Banco Industrial de Venezuela v. Suarez, 541 So. 2d 1324 (Fla. 3d DCA 1989); Oxford Int’l Bank & Trust, Ltd. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 374 So. 2d 54 (Fla. 3d DCA 1979), cert. dismissed, 383 So. 2d 1199 (Fla.…
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Matthias Rath v. Network Mktg., L.C., 790 So. 2d 461 (Fla. 4th DCA 2001)…to arbitration in their contracts, their intentions should control. See RGI, 858 F. 2d at 230. Only two Florida state court decisions have discussed the propriety of issuing injunctive relief pending arbitration. In Korn v. Ambassador Homes, Inc., 546 So. 2d 756 (Fla. 3d DCA 1989), a per cu-riam decision, the Third District, citing to Teradyne, supra, affirmed two non-final orders which granted a temporary injunction pending arbitration on a constructive trust claim, and refused to dissolve the injunction.…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Schultz v. Alabama, 464 U.S. 1070 (U.S. 1984)
- Teradyne, Inc. v. Mostek Corp., 797 F.2d 43 (1st Cir. 1986)
- Finkelstein v. Se. Bank, N.A., 490 So. 2d 976 (Fla. 4th DCA 1986)
- Sauer-Getriebe KG v. White Hydraulics, Inc., 715 F.2d 348 (7th Cir. 1983)
- Roso-Lino Bev. Distribs., Inc. v. The Coca-Cola Bottling Co. OF NEW York, Inc., 749 F.2d 124 (2d Cir. 1984)
- Hausbach v. Se. Bank, N.A., 490 So. 2d 976 (Fla. 4th DCA 1986)
- Merrill Lynch v. Bradley, 756 F.2d 1048 (4th Cir. 1985)
- Kourakos v. Tully, 464 U.S. 1070 (U.S. 1984)
- Gulfstream Park Racing Ass'n, Inc. v. Cournoyer, 505 So. 2d 629 (Fla. 3d DCA 1987)
- PMS Distrib. Co., Inc. v. Huber & Suhner, 863 F.2d 639 (9th Cir. 1988)