CAJUN & GRILL OF AMERICA, INC., A FLORIDA CORPORATION, AND HOI SANG YEUNG, APPELLANTS,
v.
JET INTERNATIONAL CUISINE, INC., APPELLEE

Fla. 3d DCA | 1994-12-07
No. 94-1375
646 So. 2d 801 Florida District Court of Appeal, Third District (1994) Positive Treatment
Cited by 2 cases

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Synopsis

Cajun & Grill of America, Inc. and its owner appealed an order granting emergency temporary injunctive relief and appointing a receiver to maintain control of a restaurant. The appellate court reversed, holding that the plaintiff failed to satisfy the required criteria for preliminary injunctive relief, particularly the elements of irreparable harm and lack of adequate remedy at law.


Holding

The court reversed the injunction order, holding that plaintiff failed to demonstrate the requisite elements for preliminary injunctive relief, particularly the existence of irreparable harm and absence of an adequate remedy at law. The court found the relief sought could be achieved through regular judicial remedies without resort to the extraordinary remedy of injunction.


Headnotes

[1] A party seeking a preliminary injunction must demonstrate irreparable harm and the absence of an adequate remedy at law.

[2] A party seeking a preliminary injunction must show a substantial likelihood of success on the merits.

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Key Quotes

“To establish the right to preliminary injunctive relief a plaintiff must demonstrate: (a) that irreparable harm will result absent the requested injunctive relief, and there is no adequate remedy available at law, (b) that it has a substantial likelihood of success on the merits, (c) that the threatened harm to plaintiff outweighs any possible harm to the defendants, and (d) that the granting of the preliminary injunction will serve the public interest.”

Establishes the four-part test for preliminary injunctive relief that must be satisfied.

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Facts & Procedural History

Jet International Cuisine, Inc. operated the 'Cajun & Grill' restaurant at Miami International Mall under a lease. Plaintiff alleged it entered into a…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Defendants appeal an order granting plaintiffs motion for emergency temporary injunction and appointing a receiver. We reverse.

Plaintiff Jet International Cuisine, Inc., operates the “Cajun & Grill” fast food restaurant at Miami International Mall. Cajun & Grill of International Mall, Inc. [CGI] leases the premises from the Mall. Cajun & Grill of America, Inc: [CGA], a corporation wholly owned by Hoi Sang Yeung, franchises the “Cajun & Grill” name.

Plaintiff alleges that it entered into a shareholder agreement establishing it as a CGI partner along with Yeung and CGA. The agreement purportedly assigned plaintiff 40% of CGI’s shares, and provided for distribution of profits.

After receiving no profits, and learning that it would be evicted from the Mall, plaintiff sued CGA and Yeung [collectively “defendants”] seeking damages for conversion, breach of contract, accounting, and constructive trust. CGI was not a party to the lawsuit. Plaintiff later amended its complaint to seek injunctive relief, and filed a verified motion for an emergency temporary injunction to avoid ouster from the premises. The trial court granted the injunction and appointed a receiver to maintain control over the restaurant. Defendants appeal.

To establish the right to preliminary injunctive relief a plaintiff must demonstrate: (a) that irreparable harm will result absent the requested injunctive relief, and there is no adequate remedy available at law, (b) that it has a substantial likelihood of success on the merits, (c) that the threatened harm to plaintiff outweighs any possible harm to the defendants, and (d) that the granting of the preliminary injunction will serve the public interest. Sanchez v. Solomon, 508 So. 2d 1264, 1265 (Fla. 3d DCA 1987); Graham v. Edwards, 472 So. 2d 803, 806 (Fla. 3d DCA 1985), review denied, 482 So. 2d 348 (Fla.1986).

Plaintiff has not met its burden of establishing all of the requisite criteria. There is no evidence on the record to demonstrate that plaintiff lacks an adequate remedy at law, nor is there any evidence of irreparable injury. The relief plaintiff seeks in its complaint can be granted by the court without resort to the extraordinary remedy of an injunction. Jennings v. Perrine Fish Market, Inc., 360 So. 2d 434 (Fla. 3d DCA 1978).

Despite plaintiff’s allegation that it is facing a threat of eviction, plaintiff has not demonstrated that it is a leaseholder of the premises or that it will suffer irreparable harm if removed from the premises. Compare Lingelbach’s Bavarian Restaurants, Inc. v. Del Bello, 467 So. 2d 476, 479 (Fla. 2d DCA) (lessee under threat of eviction during pendency of suit for specific performance of lease’s purchase option warrants injunction), review denied, 476 So. 2d 674 (Fla.1985).

Moreover, we are unable to discern how the injunction at issue here will serve the public interest.

Based on the foregoing reasoning, we reverse the order and remand the case with instructions to dissolve the injunction and discharge the receiver. Reversed and remanded.


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Cited By

  • Uro-Care, P.A. v. Barbara Montford, M.D., 775 So. 2d 380 (Fla. 3d DCA 2000)
    …Prooslin, 482 So. 2d 486 (Fla. 3d DCA 1986). See Bradley v. Health Coalition, Inc., 687 So. 2d 329 (Fla. 3d DCA 1997); Harrison v. Palm Harbor MRI, Inc., 703 So. 2d 1117 (Fla. 2d DCA 1997); Cajun & Grill of America, Inc. v. Jet Int’l Cuisine, Inc., 646 So. 2d 801 (Fla. 3d DCA 1994); 3299 N. Fed. Highway, Inc. v. Board of County Comm’rs of Broward County, 646 So. 2d 215 (Fla. 4th DCA 1994), review dismissed, 699 So. 2d 690 (Fla.1997); Florida High School Activities Association, Inc. v. Adderly, 574 So. 2d 158…

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