AAA AUTO LEASING, INC., A FLORIDA CORPORATION, AND BAL HARBOUR VILLAGE, A MUNICIPAL CORPORATION, APPELLANTS,
v.
MORSE TAXI AND BAGGAGE TRANSFER, INC., A FLORIDA CORPORATION, NORTH BEACH YELLOW CAB COMPANY, A FLORIDA CORPORATION, AND SURF CAB, INC., A FLORIDA CORPORATION, APPELLEES
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This case involves an interlocutory appeal challenging a temporary injunction and an order permitting intervention. The appellate court affirmed the lower court's decision, finding no clear abuse of discretion.
No, the chancellor did not abuse their discretion in granting the temporary injunction or permitting the intervention.
“It was incumbent upon the appellants to show a clear abuse of discretion to upset the chancellor's ruling granting the temporary injunction.”
Establishes the standard of review for the appellate court.
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Join FLexlaw to unlock all legal intelligenceThe chancellor entered an order granting a temporary injunction and permitting intervention by AAA Auto Leasing, Inc. The appellants appealed this ord…
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This interlocutory appeal questions the propriety of an order granting a temporary injunction entered by the chancellor after hearing and receipt of evidence. The order also permitted an intervention by the appellant AAA Auto Leasing, Inc.
It was incumbent upon the appellants to show a clear abuse of discretion to upset the chancellor’s ruling granting the temporary injunction. Stirling Music Co., Inc. v. Feilbach, Fla.App.1958, 100 So.2d 75; North Dade Water Co. v. Adken Land Co., Fla.App.1959, 114 So.2d 347; Cunningham v. Dozer, Fla.App.1963, 159 So.2d 105; Durable Uniform and Linen Supply Co. v. Sanitary Linen Service Co., Fla.App.1966, 183 So.2d 226. Examining the limited record in light of this principle, we find no error in the discretion exercised by the chancellor in ordering the injunction, nor has error been made to appear in permitting the intervention. Hawkins v. Perry, 146 Fla. 766, 1 So.2d 620; Arsenault v. Thomas, Fla.App.1958, 104 So.2d 120; City of Miami v. Bus Benches Co., Fla.App.1965, 174 So.2d 49; Schiffman v. Schiffman, Fla.App.1967, 200 So.2d 646.
Therefore, the order here under review is hereby affirmed.
Affirmed.
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Brake v. Elton J. Gissendanner, 206 So. 2d 10 (Fla. 3d DCA 1968)…. 197, 183 So. 721 (1938). No clear abuse of discretion sufficient to upset the chancellor’s ruling denying the temporary injunction has been shown by the plaintiff. See AAA Auto Leasing, Inc. v. Morse Taxi and Baggage Transfer, Inc., Fla.App.1967, 204 So. 2d 902, (opinion filed December 5, 1967); Stirling Music Co., Inc. v. Feilbach, Fla.App.1958, 100 So. 2d 75; North Dade Water Co. v. Adken Land Co., Fla.App.1959, 114 So. 2d 347; Cunningham v. Dozer, Fla.App.1964, 159 So. 2d 105; Durable Uniform and Linen…
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Jones v. Sterile Prods. Corp. & Nat'l Fire Ins. Co. of Hartford, 658 So. 2d 1099 (Fla. 5th DCA 1995)…, Jones and SAS appealed the discharge of the bond as well. Accordingly, the bond remains in effect. REVERSED and REMANDED for further proceedings. W. SHARP and HARRIS, JJ., concur. . AAA Auto Leasing, Inc. v. Morse Taxi & Baggage Transfer, Inc., 204 So. 2d 902 (Fla. 3d DCA 1967), cert. denied, 212 So. 2d 866 (Fla.1968).…
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City OF Fort Lauderdale v. Taxi, Inc., 247 So. 2d 467 (Fla. 4th DCA 1971)…granting a temporary injunction, it is incumbent upon the appellants to show a clear abuse of discretion to upset the chancellor’s ruling granting the temporary injunction. AAA Auto Leasing, Inc. v. Morse Taxi & Baggage Transfer, Inc., Fla.App.1967, 204 So. 2d 902. In examining the record in the light of this principle we find we are of the opinion that the appellant has not met this burden, and we find no error in the discretion exercised by the chancellor. We have reviewed the provisions of Chapter 65-1003…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (11 total)
- N. Dade Water Co. v. Adken Land Co., 114 So. 2d 347 (Fla. 3d DCA 1959)
- E. L. Hawkins de bonis non of the Estate of Wise Perry v. Perry, 146 Fla. 766 (Fla. 1941)
- Victor Hotel Owners, Inc. v. Sperling, 104 So. 2d 120 (Fla. 3d DCA 1958)
- Arsenault v. Thomas, 104 So. 2d 120 (Fla. 3d DCA 1958)
- Cunningham v. Hester Dozer, 159 So. 2d 105 (Fla. 3d DCA 1963)
- City OF Miami v. BUS Benches Co., 174 So. 2d 49 (Fla. 3d DCA 1965)
- Durable Unif. & Linen Supply Co. v. Sanitary Linen Serv. Co., 183 So. 2d 226 (Fla. 3d DCA 1966)
- Davis v. Goodwin, 100 So. 2d 75 (Fla. 3d DCA 1958)
- Stirling Music Co., Inc. v. Feilbach, 100 So. 2d 75 (Fla. 3d DCA 1958)
- Est. of Florence N. Robbins v. Schilling, 200 So. 2d 646 (Fla. 3d DCA 1967)