BANYAN LAKES HOME OWNERS ASSOCIATION, INC.; VAUGHN LAVIGNE; NORMA LAVIGNE; JAMES CLANCY; RENEE CLANCY; MARILYN COOK; MICHAEL BIANCHINI; MARIE BIANCHINI; KRISTINE KRIGBAUM AND CHARLES BRIEGS, APPELLANTS,
v.
SCHOOL DISTRICT OF PALM BEACH COUNTY, FLORIDA; VILLAGE OF WELLINGTON, FLORIDA AND PALM BEACH COUNTY, FLORIDA, APPELLEES
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The court held that the trial court did not abuse its discretion in denying a motion for a temporary injunction.
Homeowners sought to enjoin the School District from constructing a high school adjacent to their community. The trial court denied their motion for a…
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PER CURIAM.
We affirm the trial court’s order denying a motion for a temporary injunction filed by Banyan Lakes Homeowners Association (“Banyan Lakes”) and several of its members (“homeowners”). Banyan Lakes and the homeowners sought to enjoin the School District of Palm Beach County, Florida (“School District”) to halt the construction of a new high school adjacent to their residential community in Wellington.
A temporary injunction is an extraordinary and drastic remedy whose purpose is to preserve the status quo pending final hearing. A temporary injunction does not decide the merits of a case because no full hearing has been conducted. A trial court’s denial or granting of a temporary injunction is subject to an abuse of discretion standard of review. A trial court’s ruling on a temporary injunction comes to this Court with a presumption of correctness, reversible only upon a showing of a clear abuse of discretion. Golden Shore Props. v. Santopietro, 792 So. 2d 644 (Fla. 3d DCA 2001). For these reasons, a party appealing the denial of a temporary injunction carries a heavy burden to demonstrate that the trial court’s ruling was clearly improper. See Knox v. Dist. Sch. Bd. of Brevard, 821 So. 2d 311 (Fla. 5th DCA 2002) Rollins, Inc. v. Parker, 755 So. 2d 839 (Fla. 5th DCA 2000).
In this case, Banyan Lakes and the homeowners did not meet their heavy burden to demonstrate that the trial court’s ruling was clearly improper. There was no showing of a clear abuse of discretion.
AFFIRMED.
POLEN, C.J., GUNTHER and WARNER, JJ., concur.
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DiCHRISTOPHER v. Bd. OF Cnty. Comm'rs, 908 So. 2d 492 (Fla. 5th DCA 2005)…. denied, 879 So. 2d 624 (Fla.2004). Generally a trial court’s denial or granting of a temporary injunction is subject to an abuse of discretion standard of review. Banyan Lakes Home Owners Ass’n, Inc. v. School Dist. of Palm Beach County, Florida, 823 So. 2d 247 (Fla. 1st DCA 2002); Knox v. District School Bd. of Brevard, 821 So. 2d 311 (Fla. 5th DCA 2002). The party appealing the denial of a temporary injunction carries a heavy burden to demonstrate that the court’s ruling was clearly improper. Id. In thi…
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Montville v. Mobile Med. Indus., Inc., 855 So. 2d 212 (Fla. 4th DCA 2003)…discretion is the standard of review of the grant or denial of a temporary injunction. See Net First Nat'l Bank v. First Telebanc Corp., 834 So. 2d 944 (Fla. 4th DCA 2003); Banyan Lakes Home Owners Assn. v. Sch. Dist. of Palm Beach County, Florida, 823 So. 2d 247 (Fla. 1st DCA 2002). They argue, however, that the statutory language of section 542.335(l)(j), Florida Statutes (2002), which specifically relates to enforcement of covenants restricting competition, removes the court’s discretion in setting bond f…
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Namon v. Elder (Fla. 3d DCA 2021)…ting remain in the custody of Sotheby’s. The instant appeal followed. STANDARD OF REVIEW We review the denial of a temporary injunction for an abuse of discretion. Banyan Lakes Home Owners Ass’n, Inc. v. Sch. Dist. of Palm Beach Cnty., Fla., 823 So. 2d 247, 248 (Fla. 4th DCA 2002). Because such an injunction is properly entered only under extraordinary circumstances, “[t]he party appealing the denial . . . carries a heavy burden to demonstrate that the court’s ruling was clearly improper.” DiChri…
Authorities Cited
- Knox v. Dist. Sch. Bd. OF Brevard, 821 So. 2d 311 (Fla. 5th DCA 2002)
- Rollins, Inc. v. Parker, 755 So. 2d 839 (Fla. 5th DCA 2000)
- Golden Shores Props., LLC. v. Santopietro, 792 So. 2d 644 (Fla. 3d DCA 2001)