EL SEGUNDO ORIGINAL REY DE LA PIZZA CUBANA, INC., P/K/A ORIGINAL REY PIZZA, INC., ORIGINAL REY DE LA PIZZA CUBANA, CORP., AND MANUAL MONTES DE OCA, APPELLANTS,
v.
REY PIZZA CORP., APPELLEE.
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PER CURIAM.
El Segundo Original Rey de la Pizza Cuba-na, Inc. appeals from an order of the trial court granting temporary injunctive relief after entry of a partial summary judgment in favor of Rey Pizza Corp. We affirm the order under review. In so doing, we take no position on the underlying merits which will be resolved at a trial to be held in the near future. Cox v. Florida Mobile Leasing,Inc., 478 So. 2d 1200, 1201 (Fla. 4th DCA 1985)(preliminary injunction does not decide merits of the case). Further, the affirmance of a temporary injunction on appeal determines only that a proper showing was made at the time the injunction was applied for. Jones v. Sterile Prod. Corp., 658 So. 2d 1099 (Fla. 5th DCA 1995); Morse Taxi & Baggage Transfer, Inc. v. Bal Harbour Village, 242 So. 2d 177, (Fla. 3d DCA 1970).
Affirmed.
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Whitby v. Infinity Radio Inc., 951 So. 2d 890 (Fla. 4th DCA 2007)…. 2d 927, 929 (Fla. 3d DCA 1982). “[T]he affirmance of a temporary injunction on appeal determines only that a proper showing was made at the time the injunction was applied for.” El Segundo Original Rey de la Pizza Cu-bana, Inc. v. Rey Pizza Corp., 682 So. 2d 697, 697 (Fla. 3d DCA 1996) (citations omitted). Kozich, 837 So. 2d at 1043-44. Thus, although this court reversed the trial court’s denial of Infinity’s motion for a temporary injunction, our ruling on the non-final appeal has no preclusive effect and…
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Off. of the Attorney Gen. v. Millennium Commc'ns & Fulfillment, Inc., 800 So. 2d 255 (Fla. 3d DCA 2001)…inary remedy of injunctive relief. The affirmance of a temporary injunction on appeal determines only that a proper showing was made at the time the injunction was applied for. See El Segundo Original Rey de la Pizza Cubana, Inc. v. Rey Pizza Corp., 682 So. 2d 697 (Fla. 3d DCA 1996). The converse is also true— the reversal of an order granting a temporary injunction does not preclude the granting of a permanent injunction at the conclusion of a full hearing. See Cox v. [*258] Florida Mobile Leasing, Inc., 478…
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Kozich v. DeBRINO, 837 So. 2d 1041 (Fla. 4th DCA 2002)…o. 2d 927, 929 (Fla. 3d DCA 1982). “[T]he affirmance of a temporary injunction on appeal determines only that a proper showing was made at the time the injunction was applied for.” El Segundo Original Rey de la Pizza Cubana, Inc. v. Rey Pizza Corp., 682 So. 2d 697, 697 (Fla. 3d DCA 1996) (citations omitted). Because the court’s dismissal of the counterclaim was based upon findings made at the temporary injunction hearing, reliance on those findings to dismiss Kozich’s claims with prejudice was error. IFIC ar…
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- Levy v. Swerdlin, 242 So. 2d 177 (Fla. 3d DCA 1970)
- COX v. Fla. Mobile Leasing, Inc., 478 So. 2d 1200 (Fla. 4th DCA 1985)
- Jones v. Sterile Prods. Corp. & Nat'l Fire Ins. Co. of Hartford, 658 So. 2d 1099 (Fla. 5th DCA 1995)