L.B. TRUCKING & CONSTRUCTION, INC. F/K/A L.B. TRUCKING & EXCAVATING, INC., APPELLANT,
v.
HALID IBRAHIMOVIC, ET UX., ALVIRA L. GRANT, AN INDIVIDUAL, AND JACKIE K. GRAHAM, AN INDIVIDUAL, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court reversed a temporary injunction and receivership order freezing a trucking company's assets, holding that the plaintiff failed to demonstrate irreparable harm and inadequate remedy at law required for such extraordinary relief.
A temporary injunction freezing a defendant's assets in a personal injury action is improper absent a showing of irreparable harm and inadequate remedy at law.
[1] A temporary injunction freezing a defendant's assets in a personal injury action requires a showing of irreparable harm and inadequate remedy at law; concerns about colle…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the Ibrahimovics did not demonstrate irreparable harm and an inadequate remedy at law”
Standard for granting temporary injunction in this context
Halid Ibrahimovic was injured in an automobile accident involving a truck leased to L.B. Trucking, driven by an employee of the company. The trial cou…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Inadequate Remedy At Law cases and more on FLexlaw
PER CURIAM.
Appellant appeals from non-final orders granting a temporary injunction enjoining it from transferring any of its assets and appointing a receiver to operate its business, and denying its motion to dissolve the injunction.
Halid Ibrahimovic and his wife filed a personal injury action against Appellant and the other two appellees to recover money damages for injuries Ibrahimovic allegedly sustained in an automobile accident with another defendant who, in the scope of his employment with Appellant, was driving a truck leased to Appellant. The temporary injunction enjoined Appellant, a Florida corporation engaged in performing earthwork on construction projects and loading and hauling materials for these projects, from “hiding, concealing, transferring, selling, absconding, diminishing the value, or any other manner affecting the possessory interest” in its assets, so that those assets would be available to pay a money judgment in the event the Ibrahimovics recover one.
The trial court abused its discretion in granting the injunction because the Ibrahi-movics did not demonstrate irreparable harm and an inadequate remedy at law. See Hiles v. Auto Bahn Federation, Inc., 498 So. 2d 997 (Fla. 4th DCA 1986). The fact that Appellant had allowed its commercial motor vehicle insurance to lapse prior to the accident, without reinstating it until afterward, making collectibility of the hoped-for money judgment doubtful, does not change that result.
We reverse and direct the trial court on remand to dissolve the temporary injunction.
GUNTHER, FARMER and KLEIN, JJ., concur.