AMNESIA INTERNATIONAL, LLC, ETC.
v.
CITY OF MIAMI BEACH, ETC.

Fla. 3d DCA | 2023-10-25
No. 2023-0459
338 So. 3d 1022 Florida District Court of Appeal, Third District (2023) Positive Treatment
Also reported at: 314 So. 3d 327
Cited by 18 cases

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.


Holding

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.


Headnotes

[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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Key Quotes

“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

Facts & Procedural History

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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Opinion of the Court

Third District Court of Appeal

State of Florida

Opinion filed October 25, 2023. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-0459 Lower Tribunal No. 23-3316

________________

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,

Footnotes
1 We have jurisdiction. See Fla. R. App. P. 9.130(a)(3)(B) (authorizing appellate review of nonfinal orders that “grant, continue, modify, deny, or dissolve injunctions, or refuse to modify or dissolve injunctions.”) 317 So. 3d 1101, 1110-11 (Fla. 2021) (“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”) (citing Provident Mgmt. Corp. v. City of Treasure Island, 796 So. 2d 481, 485 (Fla. 2001) (extraordinary relief) and Reform Party of Fla. v. Black, 885 So. 2d 303, 305 (Fla. 2004) (elements of a claim for a temporary injunction). Affirmed.

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Citator

Cited By (16 total)

  • 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
  • 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…
  • 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

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