TED HAAS, INDIVIDUALLY; TED HAAS, AS TRUSTEE OF THE TED HAAS FLORIDA LAND TRUST; TED HAAS, AS TRUSTEE FOR AN UNKNOWN LAND TRUST; TED HAAS, AS TRUSTEE FOR FIVE STAR DEVELOPMENT TRUST; W. BRUCE HANCOCK, INDIVIDUALLY; W. BRUCE HANCOCK, AS TRUSTEE FOR FIVE STAR DEVELOPMENT TRUST; W. BRUCE HANCOCK, AS DIRECTOR FOR PASCO LANDHOLDING CO., INC., A FLORIDA CORPORATION; AND PRIME SHARE INVESTMENTS CORP., A FLORIDA CORPORATION, APPELLANTS,
v.
ZEPHYR SPRINGS GOLF CLUB, L.P., A DELAWARE LIMITED PARTNERSHIP, BY AND THROUGH ITS GENERAL PARTNER, INTERNATIONAL GOLF GROUP, INC., APPELLEES
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BLUE, Judge.
The Appellants challenge a temporary injunction, arguing that the Appellees failed to show an irreparable injury or a threat to public safety. We agree and reverse. The trial court found insufficient evidence of an irreparable harm but entered the injunction based on a threat to public safety. After examining the record, we conclude that the evidence failed to demonstrate a public safety threat that would justify injunctive relief. Cf. Martin v. Pinellas County, 444 So. 2d 489, 441 (Fla. 2d DCA 1983) (record “replete” with evidence that justified injunction based on public danger posed by pollutants on Martin’s property that would contaminate the aquifer), review denied, 451 So. 2d 849 (Fla. 1984). Accordingly, we reverse the injunction.
SCHOONOVER, A.C.J., and FULMER, J., concur.
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Robbie Lefler v. Lefler, 776 So. 2d 319 (Fla. 4th DCA 2001)…as in Edden, if any fraud existed, it was not extrinsic and could not form the basis for overturning the judgment more than one year after rendition. See also Dep’t of Revenue v. Rough, 723 So. 2d 303 (Fla. 2d DCA 1998); Dep’t of Revenue v. Harris, 684 So. 2d 231 (Fla. 2d DCA 1996). The former husband claims, however, that the final judgment of dissolution of marriage cannot be deemed res judicata here, as that defense was not specifically pled. It is well-settled that [I]n order for res judicata to bar a…
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D.F. v. Dep't OF Revenue ex rel. L.F., 736 So. 2d 782 (Fla. 2d DCA 1999)…h & Rehabilitative Services v. Privette, 617 So. 2d 305 (Fla.1993), changes the law announced in Johnson, Wright, and Robison. This court reconfirmed the principles announced in Johnson, Wright, and Robison in State, Department of Revenue v. Harris, 684 So. 2d 231 (Fla. 2d DCA 1996) (holding trial court has no jurisdiction to consider setting aside final judgment fourteen years after paternity was determined), and State, Department of Revenue v. Pough, 723 So. 2d 303 (Fla. 2d DCA 1998) (granting certiorari an…
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Dep't OF Revenue v. Boswell, 915 So. 2d 717 (Fla. 5th DCA 2005)…30 So. 2d 210 (Fla. 3d DCA 1993) (misrepresentation is intrinsic fraud); Streater v. Stamper, 466 So. 2d 397 (Fla. 1st DCA 1985) (perjury committed in connection with paternity judgment was intrinsic fraud). See also Department of Revenue v. Harris, 684 So. 2d 231 (Fla. 2d DCA 1996); DeVaughn v. Department of Revenue, 691 So. 2d 11 (Fla. 4th DCA 1997). Possibly recognizing this jurisdictional difficulty, the findings of the trial court suggest that it vacated the final judgment on the basis of Florida Rule o…
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- W.H. Martin and C.H. Martin v. Pinellas Cnty., 444 So. 2d 439 (Fla. 2d DCA 1983)