DAN DURYEA, APPELLANT,
v.
JAMES SLATER, APPELLEE
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Dan Duryea appeals a temporary injunction that removed a hold he placed on a law firm's checking account and prevented his access to the account. The court reverses, finding the trial court failed to adequately prove the four required criteria for granting an extraordinary temporary injunction remedy.
The temporary injunction was improperly granted because the allegations and findings addressed only one of the four required criteria for obtaining a temporary injunction, and therefore there was an inadequate factual basis for the injunction. The court reversed without reaching Duryea's other contentions regarding lack of notice and bond amount.
[1] A temporary injunction is an extraordinary remedy that should be granted sparingly and only after the moving party has alleged and proven facts which entitle them to reli…
[2] To obtain a temporary injunction, the moving party must prove irreparable harm unless the status quo is maintained, lack of an adequate remedy at law, a clear legal right…
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Join FLexlaw to unlock all legal intelligence“A temporary injunction is an extraordinary remedy that should be granted sparingly and only after the moving party has alleged and proven facts which entitle him to relief.”
Establishes the high standard for obtaining temporary injunctions and the sparse discretion trial courts have in granting them.
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Join FLexlaw to unlock all legal intelligenceDuryea and Slater formed a professional law partnership in 1989. In June 1994, Duryea advised he would leave for three months but return in October. W…
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PER CURIAM.
Dan Duryea appeals the temporary injunction removing the hold on the checking account of Duryea and Slater, P.A., and preventing his access to that account. We reverse.
In the complaint filed by James Slater seeking the injunction, Slater alleged that he and Duryea entered into a professional association for the practice of law in 1989.
In June 1994, Duryea advised Slater that he would be leaving town for three months but he would be returning in early October. In October, Slater contacted Duryea and learned that he would not be returning for another three or four months. Slater advised Duryea that he could not continue to carry the law practice alone and they should terminate and dissolve their relationship immediately. Later that month, Slater was advised by Barnett Bank that Duryea had ordered a hold on the firm’s bank account. When Barnett Bank refused to remove the hold, Slater filed a complaint against Duryea seeking an injunction prohibiting his access to the account and ordering Barnett Bank to release the hold on the account. Slater alleged in the complaint that he would be subject to both civil and criminal liability-if Barnett Bank dishonored outstanding checks. He also alleged that he feared Duryea would attempt to conceal or transfer other property of the parties.
After a very brief hearing, the trial court entered a temporary injunction removing the hold on the firm’s account with regard to cheeks issued up to and including October 31, 1994. The injunction also restrained both parties from withdrawing, transferring, or otherwise dealing with the funds in the account, except for the aforesaid outstanding checks, pending the disposition of this matter. The injunction contained the finding that Slater would be immediately and irreparably injured by the continuation of the hold on the account because he would experience civil and criminal liability when the bank dishonored checks he had written.
In this interlocutory appeal of that injunction, Duryea contends he was not given notice of the hearing on Slater’s complaint, there was not a sufficient basis for the entry of the injunction, and the bond amount was set too low and should not have been set without an evidentiary hearing. Because we agree with Duryea’s second contention, we need not reach the others. A temporary injunction is an extraordinary remedy that should be granted sparingly and only after the moving party has alleged and proven facts which entitle him to relief. Liberty Financial Mortgage Corp. v. Clampitt, 667 So. 2d 880 (Fla. 2d DCA 1996).
The moving party is required to prove the following in order to obtain a temporary injunction: (1) he will suffer irreparable harm unless the status quo is maintained; (2) he has no adequate remedy at law; (3) he has a clear legal right to the relief granted; and (4) a temporary injunction will serve the public interest. Id. at 881.
Accord Richard v. Behavioral Healthcare Options, Inc., 647 So. 2d 976, 978 (Fla. 2d DCA 1994).
Additionally, the injunction itself must contain “[c]lear, definite, and unequivocally sufficient factual findings ... [to] support each of the four conclusions necessary to justify [its] entry....” City of Jacksonville v. Naegele Outdoor Advertising Co., 634 So. 2d 750, 754 (Fla. 1st DCA 1994), approved, 659 So. 2d 1046 (Fla.1995). Accord Clampitt, 667 So. 2d 880; Richard, 647 So. 2d 976.
The allegations in Slater’s complaint and the finding in the injunction speak to only one of the criteria required to be proven for the issuance of a temporary injunction. Consequently, there was an inadequate basis for the injunction entered in this case and we must reverse.
We note that although reversal is required, there is no indication that a stay was entered and, if it was not, that part of the injunction ordering the removal of the hold with regard to checks issued up to and including October 31,1994, would be moot.
Reversed and remanded.
RYDER, A.C.J., and BLUE and LAZZARA, JJ., concur.
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In re Guardianship of Theresa Marie Schiavo v. Schiavo, 792 So. 2d 551 (Fla. 2d DCA 2001)…on and the evidence they presented to support it was also deficient. In order to be entitled to a temporary injunction, a movant must establish four elements, including a substantial likelihood of success on the merits of the case. Duryea v. Slater, 677 So. 2d 79 (Fla. 2d DCA 1996). The trial court abused its discretion in determining that the content of this record established this element, particularly when the complaint itself did not appear to state a valid cause of action. Moreover, an order granting a…
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Congressman Robert Wexler v. Lepore, 878 So. 2d 1276 (Fla. 4th DCA 2004)…suffer irreparable harm unless the status quo is maintained; (2) he has no adequate remedy at law; (3) he has a clear legal right to the relief granted; and (4) a temporary injunction will serve the public interest.” See generally Duryea v. Slater, 677 So. 2d 79, 81 (Fla. 2d DCA 1996). The movant must also establish a substantial likelihood of success on the merits. See In re Guardianship of Schiavo, 792 So. 2d 551, 562 (Fla. 2d DCA 2001). The court correctly held Congressman Wexler failed to show he had a…
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In re Est. OF Giorgio Barsanti v. Wayne A. Cypen Ad Litem of the Estate of Giorgio Barsanti, 773 So. 2d 1206 (Fla. 3d DCA 2000)…la. 3d DCA 1998). In reviewing a trial court’s decision to grant, deny, dissolve, or modify an injunction, it is well settled that such decisions will not be disturbed on appeal absent a showing of a clear abuse of discretion. See Duryea v. Slater, 677 So. 2d 79 (Fla. 2d DCA 1996); Wise v. Schmidek, 649 So. 2d 336 (Fla. 3d DCA 1995). I do not believe such a showing has been made in the present case. The probate court’s finding that the personal representative had no clear right to the stock was not “clearl…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- City OF Jacksonville v. Naegele Outdoor Advertising Co., 634 So. 2d 750 (Fla. 1st DCA 1994)
- State v. King, 647 So. 2d 976 (Fla. 4th DCA 1994)
- Naegele Outdoor Adv. Co. v. Jacksonville, 659 So. 2d 1046 (Fla. 1995)
- Liberty Fin. Mortg. Corp. v. Clampitt, 667 So. 2d 880 (Fla. 2d DCA 1996)