Temporary Injunction -
[1]
Elements and Case Citations
(1) Plaintiff will suffer irreparable harm;
(2) Plaintiff has no adequate remedy at law;
(3) Plaintiff has a substantial likelihood of success on the merits; and
(4) A temporary injunction will serve the public interest.
Courts sometimes expressly include ``a clear legal right to the relief sought’’ as an element of a claim for temporary injunction. Compare Wilson v. Sandstrom, 317 So. 2d 732, 736 (Fla. 1975) (including clear legal right element) with Naegele Outdoor Advertising Co., Inc. v. City of Jacksonville, 659 So. 2d 1046, 1047 (Fla. 1995) (including elements listed above); see also Heslop v. Moore, 716 So. 2d 276, 278 (Fla. 3rd DCA 1998) (including clear legal right element).
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Florida State Courts
Supreme Court: Provident Management Corp. v. City of Treasure Island, 796 So. 2d 481, 485, n. 9 (Fla. 2001)
First District: Hadi v. Liberty Behavioral Health Corp., 927 So. 2d 34, 38 (Fla. 1st DCA 2006)
Second District: Hasley v. Harrell, 971 So. 2d 149, 152 (Fla. 2d DCA 2007)
Third District: NRD Invs., Inc. v. Velazquez, 976 So. 2d 1, 3 (Fla. 3rd DCA 2007)
Fourth District: D'Agostino v. Lethal Performance, Inc., 958 So. 2d 605, 606 (Fla. 4th DCA 2007)
Fifth District: Dispoto v. Marion County, 969 So. 2d 423, 425 (Fla. 5th DCA 2007)
Florida Federal Courts
Eleventh Circuit: Levi Strauss & Co. v. Sunrise Intern. Trading Inc., 51 F.3d 982, 985 (11th Cir. 1995)
Southern District: Gay-Straight Alliance of Okeechobee High Sch. v. Sch. Bd. of Okeechobee County, 483 F. Supp. 2d 1224, 1227 (S.D. Fla. 2007)
Middle District: In re Akincibasi, 372 B.R. 80, 85 (Bankr. M.D. Fla. 2007)
Northern District: Michel-Trapaga v. City of Gainesville, 907 F. Supp. 1508, 1510 (N.D. Fla. 1995)
Florida Rules
Fla. R. Civ. P. 1.610
[2] Defenses to Claim
for Temporary Injunction
(1) Fla. R. Civ. P. 1.110(d) (pleading affirmative defenses), and other standard defenses. See § 60.
(2) Statute of Limitations: § 95.11(3)(p), Fla. Stat. (four years); see Hollywood Lakes Section Civic Ass’n, Inc. v. City of Hollywood, 676 So. 2d 500, 501 (Fla. 4th DCA 1996).
(3) Plaintiff cannot enforce a money judgment or prevent defendant from dispersing assets pending litigation through a temporary injunction. See Proctor v. Eason, 651 So. 2d 1301, 1301 (Fla. 2d DCA 1995).
(4) In addition to satisfaction of prima facie elements, Florida courts must also consider the following in determining whether to grant injunctive relief: ``(a) the nature of the interest to be protected, (b) the relative adequacy to the plaintiff of injunction and of other remedies, (c) any unreasonable delay by the plaintiff in bringing suit, (d) any related misconduct on the part of the plaintiff, (e) the relative hardship likely to result to defendant if an injunction is granted and to plaintiff if it is denied, (f) the interests of third persons and of the public, and (g) the practicability of framing and enforcing the order or judgment’’. Davis v. Joyner, 409 So. 2d 1193, 1195 (Fla. 4th DCA 1982), citing Restatement (Second) of Torts § 936 (1979).
(5) A party may move to dissolve or modify a temporary injunction at any time and such a motion must be heard within five days of application. Fla. R. Civ. P. 1.610(d).
