STEPHEN MUSS AND CHARLES H. ROSENBERG, ETC., ET AL., APPELLANTS,
v.
CITY OF MIAMI BEACH, A FLORIDA MUNICIPAL CORPORATION, APPELLEE
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PER CURIAM.
This is an interlocutory appeal from an order of the trial court denying an application for temporary injunction sought by the plaintiffs to enjoin the City of Miami Beach from enforcing its rent control ordinance.
Appellants seek to temporarily enjoin en-forcernent of the City’s rent control ordinance on the grounds that such ordinance is invalid as the City did not comply with the proper procedures in the passage thereof as set forth and prescribed by the charter of the City of Miami Beach.
Granting or refusing an application for temporary injunction rests within the court’s sound judicial discretion, guided by established rules of the principles of equity jurisprudence, in view of the particular facts presented in each case. Sackett v. City of Coral Gables, Fla.App.1971, 246 So. 2d 162. From the facts in this case we find that the trial judge did not abuse his discretion in denying the application for a temporary injunction.
This decision is not to be construed as passing on the procedural validity or the constitutionality vel non of the rent control ordinance or as expressing an opinion thereon.
Affirmed.
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Cordis Corp. v. Prooslin, 482 So. 2d 486 (Fla. 3d DCA 1986)…5, 76 (Fla. 3d DCA 1958). In exercising its discretion, the court is guided by established rules and principles of equity jurisprudence, in view of the particular facts presented in the case. Jennings, 360 So. 2d at 435; Muss v. City of Miami Beach, 312 So. 2d 553, 554 (Fla. 3d DCA), cert. denied, 321 So. 2d 553 (Fla.1975). The trial court must use a balancing-type approach, balancing the possible beneficial results on the one hand with the possible detrimental results on the other, Murphy v. Daytona Beach Hu…
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Jennings v. Perrine Fish Mkt., Inc., 360 So. 2d 434 (Fla. 3d DCA 1978)…ed in each case, the determination to grant or deny an application for temporary injunction relief rests within the sound discretion of the chancellor guided by established rules of the principles of equity jurisdiction. Muss v. City of Miami Beach, 312 So. 2d 553 (Fla. 3d DCA 1975). Further, the issuance of a temporary injunction is an extraordinary and drastic remedy which should be granted sparingly and with caution only after the moving party has proven sufficient facts entitling it to relief. Bemas Corpo…
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Uni-Chem Corp. OF Fla., Inc. v. Maret, 338 So. 2d 885 (Fla. 3d DCA 1976)…of judgment. Reviewing this record in its entirety and recognizing the discretionary right of a chancellor to decline to enter a temporary injunction [Sackett v. City of Coral Gables, 246 So. 2d 162 (Fla.3rd DCA 1971); Muss v. City of Miami Beach, 312 So. 2d 553 (Fla.3rd DCA 1975)], we affirm the order under review. If this opinion is not distinguishable on the facts of this case from Royal Services, Inc. v. Williams, supra, then we recede from any interpretation of the cited case which would mandate the is…
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- Sackett v. City OF Coral Gables, 246 So. 2d 162 (Fla. 3d DCA 1971)