BARCLAYS AMERICAN MORTGAGE CORPORATION, APPELLANT,
v.
JAMES G. HOLMES, APPELLEE
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PER CURIAM.
Barclays American Mortgage Corporation (Barclays) appeals from the order denying its motion to dissolve an ex parte temporary injunction obtained by James Holmes. We reverse and remand the cause of action with instructions to dissolve the temporary injunction.
One of the conditions precedent to granting a temporary injunction is that the plaintiff will otherwise suffer irreparable harm. Hall v. City of Orlando, 555 So. 2d 963 (Fla. 5th DCA 1990). However, irreparable harm does not exist where the potential loss is compensable by money damages. B.G.H. Insurance Syndicate, Inc. v. Presidential Fire & Casualty Company, 549 So. 2d 197 (Fla. 1st DCA 1989), review dismissed, 557 So. 2d 867 (Fla.1990). Under the facts of this case, we find that Holmes will not suffer irreparable harm because he has an adequate remedy at law to seek and obtain a money judgment.
REVERSED and REMANDED with instructions.
GOSHORN, C.J., and COWART and PETERSON, JJ., concur.
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Rosasco v. Rosasco, 641 So. 2d 493 (Fla. 1st DCA 1994)…ry processes of law and the injunction. Konover Realty Associates. Here, the Wife has an adequate remedy at law to enforce any order or judgment awarding fees and costs that she might obtain in the future. Barclays American Mortgage Corp. v. Holmes, 595 So. 2d 104 (Fla. 5th DCA 1992). Furthermore, the Wife did not demonstrate a clear legal right to the relief requested. A disputed and contingent claim for fees does not constitute by itself a sufficient basis for injunctive relief. Ramos v. Stabinski & Funt,…
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Med. Facilities Dev., Inc. v. Little ARCH Creek Props., Inc., 656 So. 2d 1300 (Fla. 3d DCA 1995)…dded, footnote omitted). I find this statement, admittedly dicta, not only to be persuasive but to be totally in accord with well-established law that irreparable harm cannot be established by mere monetary loss.1 Barclays Am. Mtg. Corp. v. Holmes, 595 So. 2d 104, 105 (Fla. 5th DCA 1992) (“However, irreparable harm does not exist where the potential loss is compensable by money damages.”); De Leon v. Aerocha- [*1307] go, S.A., 593 So. 2d 558, 559 (Fla. 3d DCA 1992) (“Injunctive relief may not be used to enfo…
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Fla. Power Corp. v. City OF Winter Park, 827 So. 2d 322 (Fla. 5th DCA 2002)…ished where there is an adequate remedy at law, and recovery of money damages is certainly an adequate remedy at law. Weinstein v. Aisenberg, 758 So. 2d 705 (Fla. 4th DCA), dismissed, 767 So. 2d 453 (Fla.2000); Barclays Am. Mortgage Corp. v. Holmes, 595 So. 2d 104 (Fla. 5th DCA 1992); see also 3299 N. Fed. Hwy., Inc. v. Board of County Comm’rs of Broward County, 646 So. 2d 215 (Fla. 4th DCA 1994). In the instant case, the City’s economic loss can be calculated and compensated by an award of damages. In a case…
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- B.G.H. Ins. Syndicate, Inc. v. Presidential Fire & Cas. Co., 549 So. 2d 197 (Fla. 3d DCA 1989)
- Hall v. City OF Orlando, 555 So. 2d 963 (Fla. 5th DCA 1990)