THE GLADES OWNERS ASSOCIATION, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, APPELLANT,
v.
HARRY R. PRENTISS AND WIFE, BARBARA PRENTISS, APPELLEES
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The court affirmed the denial of a temporary injunction sought by a homeowners association to prevent homeowners from using lap siding, finding the association failed to demonstrate irreparable harm or lack of adequate legal remedy.
A temporary injunction to prohibit lap siding construction should not be granted when the moving party fails to demonstrate irreparable harm and unavailability of adequate legal remedies.
[1] A temporary injunction requires showing of irreparable harm, unavailability of adequate legal remedy, substantial likelihood of success on the merits, and consideration o…
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Join FLexlaw to unlock all legal intelligenceThe Glades Owners Association sought to prohibit Harry and Barbara Prentiss from using lap siding in constructing their house in The Glades subdivisio…
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PER CURIAM.
The Glades Owners Association, Inc., appellant, appeals a non-final order denying its motion for injunctive relief. Appellant sought to prohibit appellees from using lap siding in the construction of their house located in The Glades subdivision. We affirm the order denying the motion for a restraining order. A temporary injunction should be granted sparingly, and only upon the following criteria: (1) the likelihood of irreparable harm upon denial of the injunction; (2) the unavailability of an adequate remedy at law; (3) substantial likelihood of success on the merits; and (4) considerations of public interest, See Spradley v. Old Harmony Baptist Church, 721 So. 2d 735, 737 (Fla. 1st DCA 1998); Jacksonville Electric Authority v. Beemik Builders & Constructors, Inc., 487 So. 2d 372, 373 (Fla. 1st DCA 1986).
Based upon our review of the limited record presented with this appeal of a non-final order, we conclude appellant has failed to show that denial of the requested restraining order will cause the Glades Homeowner’s Association irreparable harm with no adequate legal remedy.
Accordingly, we affirm the appealed non-final order, and remand this cause for further proceedings on the merits.
JOANOS, LAWRENCE and VAN NORTWICK, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Earnest Stanberry, Jr. v. Escambia Cnty., 813 So. 2d 278 (Fla. 1st DCA 2002)…s at law which Mr. Stanberry has thus far successfully pursued weighs, moreover, against resort to injunctive remedies. See, e.g., Orlando Sports Stadium, Inc. v. State ex rel. Powell, 262 So. 2d 881, 885 (Fla.1972); Glades Oumers Ass’n v. Prentiss, 768 So. 2d 1245, 1245 (Fla. 1st DCA 2000); Weinstein v. Aisenberg, 758 So. 2d 705, 706 (Fla. 4th DCA 2000); In re Estate of Yerex, 651 So. 2d 220, 222 (Fla. 4th DCA 1995); B.G.H. Ins. Syndicate v. Presidential Fire & Cas. Co., 549 So. 2d 197, 198 (Fla. 3d DCA 1989)…
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Special Purpose Accounts Receivable Coop. Corp. v. Prime One Cap. Co., 125 F. Supp. 2d 1093 (S.D. Fla. 2000)…relief. In order to obtain an injunction, a plaintiff must demonstrate: (1) a clear legal right; (2) inadequacy of a remedy at law; and (3) irreparable injury will occur if such relief is not granted. See Glades Owners Ass’n, Inc. v. Prentiss, 768 So.2d 1245 (Fla. 1st DCA 2000) (listing elements); B.G.H. Ins. Synd., Inc. v. Presidential Fire & Casualty Co., 549 So.2d 197 (Fla. 3d DCA 1989) (stating that plaintiff must establish both irreparable harm and lack of adequate remedy at law). The defenda…
Authorities Cited
- W.J. Spradley, Jr. v. OLD Harmony Baptist Church, 721 So. 2d 735 (Fla. 1st DCA 1998)
- Jacksonville Elec. Auth. v. Beemik Builders & Constructors, Inc., 487 So. 2d 372 (Fla. 1st DCA 1986)