UNLIMITED ROOFING SERVICES, INC., APPELLANT,

v.

JOSEPH A. GARFIELD, ET AL., APPELLEE

Citator

Cited By (11 total)

• Ware v. Polk Cnty., 918 So. 2d 977 (Fla. 2d DCA 2005)
  …rst two prongs of the test for a temporary injunction because “[w]here the government seeks an injunction in order to enforce its police power, any alternative legal remedy is ignored and irreparable harm is presumed.” Metro. Dade County v. O’Brien, 660 So. 2d 364, 365 (Fla. 3d DCA 1995); see also P.M. Realty, 779 So. 2d at 406 (“[W]hen one violates a city ordinance, irreparable harm is presumed.”). Here, the County is seeking an injunction to enforce an ordinance enacted under its police power, Polk County L…
• P.M. Realty & Invs., Inc. v. City OF Tampa, 779 So. 2d 404 (Fla. 2d DCA 2000)
  …ter 27 of the city code is unconstitutional. Therefore, any injury to the city caused by noncompliance is, at most, remote and speculative, and other legal remedies would be more appropriate than an injunction. In Metropolitan Dade County v. OBrien, 660 So. 2d 364 (Fla. 3d DCA 1995), the O’Briens established a business without complying with various county ordinances or securing necessary permits. As a result, the Third District held that “where the government seeks an injunction in order to enforce its polic…
• Polk Cnty. v. Mitchell, 931 So. 2d 922 (Fla. 2d DCA 2006)
  …06 (Fla. 2d DCA 2000). Where a government seeks an injunction in order to enforce its police power, the first element is established; that is, “any alternative legal remedy is ignored and irreparable harm is presumed.” Metro. Dade County v. O’Brien, 660 So. 2d 364, 365 (Fla. 3d DCA 1995); see also P.M. Realty & Invs., 779 So. 2d at 406; Miami-Dade County v. Fernandez, 905 So. 2d 213, 215 (Fla. 3d DCA 2005). The County also established the three remaining factors. The County presented evidence that Mr. Mitche…

Authorities Cited

• Dickinson v. Segal, 219 So. 2d 435 (Fla. 1969)
• Wong v. Karsten Bodo von Wersebe, 365 So. 2d 429 (Fla. 3d DCA 1978)
• Boca Dev. Assocs., Ltd. v. Holiday City Civic Ass'n, Inc., 411 So. 2d 343 (Fla. 4th DCA 1982)
• Idacon, Inc. v. Hawes, 432 So. 2d 759 (Fla. 1st DCA 1983)