NEW SMYRNA YELLOW CAB COMPANY, INC., ET AL., APPELLANTS,
v.
VOLUSIA YELLOW CAB CO., ETC., APPELLEE
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New Smyrna Yellow Cab appealed from a trial court order modifying a temporary injunction to prohibit use of yellow-colored taxi cabs in a portion of Volusia County. The appellate court reversed, finding the modification was an abuse of discretion as a temporary injunction, without ruling on whether such an injunction would be proper after final judgment.
The modification of the temporary injunction requiring appellants to either cease operations or repaint their yellow taxi cabs was an abuse of discretion as a temporary injunction. The court expressed no opinion on whether such an injunction would be proper after final judgment.
[1] A trial court abuses its discretion by modifying a temporary injunction to require a party to cease operations or repaint all of its vehicles a different color within a r…
[2] An order requiring a party to cease operations or repaint all of its vehicles a different color within a restricted area during the pendency of a temporary injunction is…
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Join FLexlaw to unlock all legal intelligence“the modification of the temporary injunction to require appellants to either cease operations in the restricted area or repaint all of their taxi cabs a color other than yellow was an abuse of discretion as a temporary injunction”
The core holding reversing the trial court's modification of the temporary injunction
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Join FLexlaw to unlock all legal intelligenceThe trial court initially issued a temporary injunction preventing appellants from using the name and mark 'Yellow Cab' in a designated portion of Vol…
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PER CURIAM.
This is an interlocutory appeal from an order modifying a temporary injunction. We previously entered rule nisi on petition for constitutional stay writ.
Prior to the order of modification, the trial court had issued a temporary injunction enjoining appellants from using the name and mark-“Yellow Cab” in a designated portion of Volusia County. Thereafter, on February 11, 1975 the trial court entered an order modifying the temporary injunction to enjoin appellants from using “cabs yellow in color” in the restricted area, and on March 4, 1975, the trial court entered an order denying appellants’ motion for supersedeas on interlocutory appeal and giving appellants ten days to remove their “yellow colored taxi cabs” from the restricted area providing that if the order was not complied with in ten days, appellants would be assessed a fine of $200 per day. This latter order would require appellants to either cease operations in the restricted area or repaint all of their taxi cabs a color other than yellow during the ten day period. After considering the evidence presented before the trial court and the briefs and arguments of counsel, we find that the modification of the temporary injunction to require appellants to either cease operations in the restricted area or repaint all of their taxi cabs a color other than yellow was an abuse of discretion as a temporary injunction. By this, however, we do not infer that such an injunction would or would not be proper after final hearing and upon final judgment.
The order of February 11, 1975, modifying the temporary injunction is reversed and the rule nisi heretofore issued by this court is discharged.
BOYER, Acting C. J., MILLS and McCORD, JJ., concur.