EDGAR ALFONSO TOVAR, APPELLANT,
v.
PELAYO ROGELIO SILVERIO, APPELLEE

Fla. 3d DCA | 2008-01-23
No. 3D06-2323
Before GERSTEN, C.J., and CORTINAS, J., and SCHWARTZ, Senior Judge.
973 So. 2d 614 Florida District Court of Appeal, Third District (2008) Positive Treatment
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Chamizo v. Forman, 933 So. 2d 1240 (Fla. 3d DCA 2006); Byrne-Henry v. Hertz Corp., 927 So. 2d 66 (Fla. 3d DCA 2006).


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    …anting or denying a temporary injunction, and appellate courts will not interfere with the exercise of such discretion unless the party challenging the grant or denial clearly shows an abuse of discre [*28] tion. See Briceño v. Bryden Invest., Ltd., 973 So. 2d 614, 616 (Fla. 3d DCA 2008). Applying the abuse of discretion standard, there are four well-established requirements for issuing a temporary injunction: (1) the likelihood of irreparable harm and the unavailability of an adequate remedy at law; (2) a s…
  • …d be uncollectible. See id. at 706 (citing Hiles, 498 So. 2d at 999). Finally, it is improper to enter an injunction preventing a party from using or disposing of its assets prior to the conclusion of a legal action. Briceño v. Bryden Invs., Ltd., 973 So. 2d 614, 616-17 (Fla. 3d DCA 2008) (affirming denial of motion to enjoin interest accrued on res of constructive trust). Accordingly, we reverse the trial court’s denial of M.I.’s motion and remand with directions to dissolve the injunction. KLEIN, J., an…
  • …on to grant or deny a temporary injunction and an appellate court will not interfere with the exercise of such discretion unless the party challenging the grant or denial clearly shows an abuse of that discretion.” Briceño v. Bryden Invs., Ltd., 973 So. 2d 614, 616 (Fla. 3d DCA 2008) (quoting Perry & Co. v. First Sec. Ins. Underwriters, Inc., 654 So. 2d 671, 671 (Fla. 3d DCA 1995)). Here, on the record before us, we cannot hold that the trial court reversibly erred in finding that RPSS has an adequa…

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