DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES OF THE STATE OF FLORIDA, APPELLANT,
v.
MYRON WEINSTEIN, APPELLEE
Explore caselaw by topic → Browse Proper Venue cases and more on FLexlaw
PER CURIAM.
The Department of Health and Rehabilitative Services appeals the issuance of a mandatory injunction ordering it to reinstate the plaintiff, Myron Weinstein, in a specific job with its agency at a specific location.
A mandatory injunction is proper where a clear legal right has been violated, irreparable harm has been threatened, and there is a lack of an adequate remedy at law. Gulf Power Company v. Glass, 355 So. 2d 147 (Fla. 1st DCA 1978), and Dania Jai Alai International, Inc. v. Murua, 375 So. 2d 57 (Fla. 4th DCA 1979). We have reviewed the record on appeal and find that the requirements necessary for the issuance of an injunction were not met. There has been no violation of a clear legal right demonstrated, and the personal and family problems of the plaintiff do not constitute a basis for the injunction issued. The injunction is therefore reversed and the matter remanded for further proceed ings which shall include a rehearing and ruling on proper venue.
REVERSED AND REMANDED.
BERANEK, DELL, and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Shaw v. Tampa Elec. Co., 949 So. 2d 1066 (Fla. 2d DCA 2007)…to a mandatory injunction. “A mandatory injunction is proper where a clear legal right has been violated, irreparable harm has been threatened, and there is a lack of an adequate remedy at law.” Dep’t of Health & Rehabilitative Servs. v. Weinstein, 447 So. 2d 345, 345 (Fla. 4th DCA 1984) (citing Gulf Power Co. v. Glass, 355 So. 2d 147, 148 (Fla. 1st DCA 1978)); see also Kellerman v. Chase & Co., 101 Fla. 785, 135 So. 127 (1931). Additionally, the granting of a mandatory injunction is proper where it will not…
-
Legakis v. Loumpos, 40 So. 3d 901 (Fla. 2d DCA 2010)…legal right has been violated, irreparable harm has been threatened, and there is a lack of an adequate remedy at law. Shaw v. Tampa Electric Co., 949 So. 2d 1066, 1069 (Fla. 2d DCA 2007) (quoting Dep’t of Health & Rehabilitative Sens. v. Weinstein, 447 So. 2d 345, 345 (Fla. 4th DCA 1984)). A clear legal right was shown by the evidence supporting the court’s conclusion that the settlement agreement required the landlord to replace or repair the restaurant’s air conditioning. In analogous circumstances, irrepa…
-
Alorda v. Sutton Place Homeowners Ass'n, Inc., 82 So. 3d 1077 (Fla. 2d DCA 2012)…069 (Fla. 2d DCA 2007) (“ A mandatory injunction is proper where a clear legal right has been violated, irreparable harm has been threatened, and there is a lack of an adequate remedy of law.’ ” (quoting Dep’t of Health & Rehab. Servs. v. Weinstein, 447 So. 2d 345, 345 (Fla. 4th DCA 1984))); see also Digaeteno v. Perotti, 374 So. 2d 1015, 1016 (Fla. 3d DCA 1979) (concluding that “the trial judge erred in resorting to equity and entering the mandatory injunctions” where the plaintiff had “an adequate remedy at…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dania JAI Alai Int'l, Inc. v. Murua, 375 So. 2d 57 (Fla. 4th DCA 1979)
- Gulf Power Co. v. Glass, 355 So. 2d 147 (Fla. 1st DCA 1978)