UN MONDE NOUVEAU, INC., ETC.
v.
YOUNG MEN'S CHRISTIAN ASSOCIATION OF SOUTH FLORIDA, INC., ETC.
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A party seeking a temporary injunction must establish all five elements—substantial likelihood of success on the merits, likelihood of irreparable harm, unavailability of an adequate remedy at law, that the threatened injury outweighs possible harm, and that issuance will not disserve the public interest—and failure to establish any element requires denial of the motion.
[1] A party seeking a temporary injunction must establish all five required elements: substantial likelihood of success on the merits, likelihood of irreparable harm, unavail…
[2] The party seeking an injunction bears the burden of providing competent, substantial evidence satisfying each element of the injunction test.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“To obtain a temporary injunction, [the party] had to satisfy the following five-part test: (1) the substantial likelihood of success on the merits, (2) the likelihood of irreparable harm, (3) the unavailability of an adequate remedy at law, (4) the threatened injury outweighs the possible harm, and (5) the issuance of the temporary injunction will not disserve the public interest. If the party seeking the temporary injunction fails to establish any of these requirements, the party's motion for temporary injunction must be denied.”
Statement of the legal standard for obtaining a temporary injunction in Florida.
Un Monde Nouveau, Inc. (d/b/a A New World Academy) sought a temporary injunction against the Young Men's Christian Association of South Florida, Inc. …
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PER CURIAM.
Affirmed. See VME Group Int’l, LLC v. Grand Condo. Ass’n, Inc., 305 So. 3d 30, 31 (Fla. 3d DCA 2019) (“To obtain a temporary injunction, [New World] had to satisfy the following five-part test: (1) the substantial likelihood of success on the merits, (2) the likelihood of irreparable harm, (3) the unavailability of an adequate remedy at law, (4) the threatened injury outweighs the possible harm, and (5) the issuance of the temporary injunction will not disserve the public interest. If the party seeking the temporary injunction fails to establish any of these requirements, the party’s motion for temporary injunction must be denied.”) (internal citation omitted); Sammie Invs., LLC v. Strategica Capital Assocs., 247 So. 3d 596, 600 (Fla. 3d DCA 2018) (“The party seeking an injunction has the burden of providing competent, substantial evidence satisfying each element.”); Cohen Fin., LP v. KMC/EC II, LLC, 967 So. 2d 224, 226 (Fla. 3d DCA 2007) (“In reviewing a trial court’s ruling on a request for a temporary injunction, we must affirm unless the appellant establishes that the trial court committed a clear abuse of discretion.”).
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- Cohen Fin., LP v. Kmc/Ec II, LLC, 967 So. 2d 224 (Fla. 3d DCA 2007)
- Sammie Invs. v. Strategica Cap. Assocs., 247 So. 3d 596 (Fla. 3d DCA 2018)