Action Elec. & Repair, Inc. v. Batelli
| Decision Date | 14 July 1982 |
| Docket Number | No. 81-2100,81-2100 |
| Citation | 416 So.2d 888 |
| Court | Florida District Court of Appeals |
| Parties | ACTION ELECTRIC & REPAIR, INC., a Florida corporation, Appellant, v. Joseph BATELLI, Appellee. |
Joel D. Kenwood of Baskin & Sears, P. A., Boca Raton, for appellant.
J. Patrick Floyd, Fort Lauderdale, for appellee.
Action Electric and Repair, Inc. seeks review of a non-final order which granted a preliminary injunction in favor of the appellee, Joseph Batelli, and required appellant to deposit certain funds in escrow pending resolution of appellee's suit to collect damages on a promissory note. This Court has jurisdiction pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(B).
Appellee filed a complaint seeking damages, interest, costs and attorneys fees allegedly caused by appellant's breach of a $40,580.00 promissory note. The complaint failed to allege any basis for equitable relief. However, the trial court granted appellee's motion for equitable relief and ordered appellant not to dissipate its assets and more particularly its draws from a certain construction project. The trial court later granted a requested ten day extension of the temporary restraining order. Upon expiration of the temporary restraining order, appellee moved for and was granted a preliminary injunction. The preliminary injunction enjoined and restrained appellant from disposing of its next two construction draws and ordered appellant to deposit those funds into an interest bearing escrow account pending the outcome of the action on the promissory note. Appellant brings a timely appeal of this preliminary injunction order.
Appellant raises three points on appeal: first, that appellee failed to plead and prove any of the essential elements necessary for injunctive relief; second, that injunctive relief may not be used to enforce payment of a promissory note; and last, that the preliminary injunction failed to require posting of a bond. Although each of appellant's points on appeal have merit, we will only discuss appellant's second point.
The order granting appellee's motion for a temporary injunction amounted to the use of injunctive relief as a substitute for attachment. The complaint alleged a simple cause of action to recover damages for breach of a promissory note. No facts were alleged which would have permitted the court to grant injunctive relief and appellee's motion for injunctive relief was insufficient to convert this cause from an...
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Weinstein v. Aisenberg
...cannot be maintained unless it falls "`within some acknowledged head of equity jurisprudence.'" Action Elec. & Repair, Inc. v. Batelli, 416 So.2d 888, 889 (Fla. 4th DCA 1982) (quoting Acquafredda v. Messina, 408 So.2d 828, 829 (Fla. 5th DCA 1982) (quoting B.L.E. Realty Corp. v. Mary William......
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Rosen v. Cascade Intern., Inc.
...a substitute for the remedy of prejudgment attachment, with its attendant safeguards, is improper. See Action Electric & Repair, Inc. v. Batelli, 416 So.2d 888 (Fla. 4th Dist.Ct.App.1982); Acquafredda v. Messina, 408 So.2d 828 (Fla. 5th Dist.Ct.App.1982). Indeed, "[i]t is entirely settled b......
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Konover Realty Associates, Ltd. v. Mladen
...of the case. We review this order under Fla.R.App.P. 9.130(a)(3)(B) as one granting an injunction, 2 Action Electric & Repair, Inc. v. Batelli, 416 So.2d 888 (Fla. 4th DCA 1982); see Ramos v. Stabinski & Funt, P.A., 494 So.2d 298 (Fla. 3d DCA 1986), and summarily reverse. It is entirely set......
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APR Energy, LLC v. First Inv. Grp. Corp.
...at two nonparty banks where the plaintiff had an adequate remedy at law in the form of money damages); Action Elec. & Repair, Inc. v. Batelli, 416 So.2d 888, 889 (Fla. 4th DCA 1982) (vacating trial court's grant of a temporary injunction because it amounted to use of injunctive relief as a ......