AMNESIA INTERNATIONAL, LLC, ETC.
v.
CITY OF MIAMI BEACH, ETC.
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A trial court properly denies a temporary injunction when the movant fails to establish all four required elements: substantial likelihood of success on the merits, unavailability of an adequate remedy at law, irreparable harm absent the injunction, and that the injunction serves the public interest.
[1] Appellate review of trial court orders on requests for temporary injunctions employs a hybrid standard, with factual findings reviewed for abuse of discretion and legal c…
[2] A party seeking a temporary injunction must establish four elements: a substantial likelihood of success on the merits, the unavailability of an adequate remedy at law, i…
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Join FLexlaw to unlock all legal intelligence“A temporary injunction is extraordinary relief that should be granted only when the party seeking the injunction has established four elements: (1) a substantial likelihood of success on the merits, (2) the unavailability of an adequate remedy at law, (3) irreparable harm absent entry of an injunction, and (4) that the injunction would serve the public interest. . . . [A] movant's failure to establish any single element means that the injunction must be denied”
Statement of the legal standard for granting temporary injunctions, citing Fla. Dep't of Health v. Florigrown, LLC
Amnesia International, LLC, operating Story Nightclub, sought a temporary injunction to block enforcement of Miami Beach ordinance 2023-4542, which pr…
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Third District Court of Appeal
State of Florida
Opinion filed October 25, 2023. Not final until disposition of timely filed motion for rehearing.
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No. 3D23-0459 Lower Tribunal No. 23-3316
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Amnesia International, LLC, etc.,
Appellant,
vs.
City of Miami Beach, etc., Appellee.
An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Reemberto Diaz, Judge. Burstyn Law PLLC, and Sean A. Burstyn; Crabtree & Auslander, Charles M. Auslander, John G. Crabtree, Linda Ann Wells, and Brian C. Tackenberg, for appellant. Rafael A. Paz, City Attorney, Robert F. Rosenwald, Jr., Chief Deputy City Attorney, and Freddi R. Mack, Senior Assistant City Attorney; Weiss Serota Helfman Cole & Bierman, P.L., and Edward G. Guedes, Joseph H. Serota, Eric P. Hockman, and Lindsay M. Behnke, for appellee. Before EMAS, MILLER and LOBREE, JJ. EMAS, J. Amnesia International, LLC, d/b/a Story Nightclub, appeals an order denying its motion seeking a temporary injunction to prevent enforcement of City of Miami Beach ordinance 2023-4542, which prohibits, with some exceptions, the sale of alcohol after 2 a.m. at establishments south of Fifth Street.1 Following an evidentiary hearing, the trial court denied Amnesia’s motion for temporary injunction. “‘The standard of review of trial court orders on requests for temporary injunction is a hybrid. To the extent the trial court’s order is based on factual findings, we will not reverse unless the trial court abused its discretion; however, any legal conclusions are subject to de novo review.’” Law Offices of Kravitz & Guerra, P.A. v. Brannon, 338 So. 3d 1022, 1023 (Fla. 3d DCA 2022) (quoting Quirch Foods LLC v. Broce, 314 So. 3d 327, 337 (Fla. 3d DCA 2020) (additional citations omitted)).
Upon our review of the record, and applying the above-described hybrid standard of review, there is competent substantial evidence to support the trial court’s order. We find neither an abuse of discretion in the trial court’s decision to deny the motion for temporary injunction, nor any error in its attendant legal conclusions. See Fla. Dep’t of Health v. Florigrown, LLC,
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Citator
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Amnesia Int'l, LLC v. City of Miami Beach, 338 So. 3d 1022 (Fla. 3d DCA 2023)…t reverse unless the trial court abused its discretion; however, any legal conclusions are subject to de novo review.’” Law Offices of Kravitz & Guerra, P.A. v. Brannon, 338 So. 3d 1022, 1023 (Fla. 3d DCA 2022) (quoting Quirch Foods LLC v. Broce, 314 So. 3d 327, 337 (Fla. 3d DCA 2020) (additional citations omitted)). Upon our review of the record, and applying the above-described hybrid standard of review, there is competent substantial evidence to support the trial court’s order. We find neither an a…1 / 2
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GFA Int'l, Inc. v. Trillas, 327 So. 3d 872 (Fla. 3d DCA 2021)…(Fla. 3d DCA 2018). “To the extent the trial court’s order is based on factual findings, we will not reverse unless the trial court abused its discretion; however, any legal conclusions are subject to de novo review.” Quirch Foods LLC v. Broce, 314 So. 3d 327, 337 (Fla. 3d DCA 2020) (quoting Fla. High Sch. Athletic Ass’n v. Rosenberg, 117 So. 3d 825, 826 (Fla. 4th DCA 2013)). ---PAGE 6--- I. Enforceable Restrictive Covenants “Covenants not to compete are governed by section 542.335, Florida Statute…
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Lusby v. Canevari, 363 So. 3d 233 (Fla. 6th DCA 2023)…). "To the extent the trial court's order is based on factual findings, we will not reverse unless the trial court abused its discretion; however, any legal conclusions are subject to de novo review." L. Offs. of Kravitz & Guerra, P.A. v. Brannon, 338 So. 3d 1022, 1023 (Fla. 3d DCA 2022) (quoting Quirch Foods LLC v. Broce, 314 So. 3d 327, 337 (Fla. 3d DCA 2020)). Pursuant to Florida Rule of Civil Procedure 1.610(c), every injunction must "specify the reasons for entry." Florida courts have held that the is…1 / 2
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The Reform Party OF Fla. v. Black, 885 So. 2d 303 (Fla. 2004)
- Provident Mgmt. Corp. v. City OF Treasure Island, 796 So. 2d 481 (Fla. 2001)
- Amnesia Int'l, LLC v. City of Miami Beach, 338 So. 3d 1022 (Fla. 3d DCA 2023)