City of Miami Springs v. Steffen, 82-1148

Citation423 So.2d 930
Decision Date16 November 1982
Docket NumberNo. 82-1148,82-1148
PartiesCITY OF MIAMI SPRINGS, joined by E. Michael Myers, Appellants, v. Earl C. STEFFEN and Mardell Steffen, his wife, Appellees.
CourtCourt of Appeal of Florida (US)

Albert L. Weintraub, Joseph H. Weil, Miami, for appellants.

J. Arthur Hawkesworth, Jr., Miami, for appellees.

Before NESBITT, BASKIN and FERGUSON, JJ.

FERGUSON, Judge.

We reverse the temporary mandatory injunction which directs defendants to pay plaintiffs $53,491.21 in back wages. The purpose of a temporary injunction is to preserve the status quo until full relief may be granted. Tamiami Trail Tours, Inc. v. Greyhound Lines, Inc., 212 So.2d 365 (Fla. 4th DCA 1968). There is no irreparable harm for the purpose of a temporary injunction where the harm can be adequately compensated for by a monetary award. Goldberger v. Regency Highland Condominium Association, Inc., 383 So.2d 1173 (Fla. 4th DCA 1980); Oxford International Bank and Trust, Ltd. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 374 So.2d 54 (Fla. 3d DCA 1979). A temporary injunction does not decide the merits of a case unless (1) the hearing is specially set for that purpose, and (2) the parties have had a full opportunity to present their cases. University of Texas v. Camenisch, 451 U.S. 390, 101 S.Ct. 1830, 68 L.Ed.2d 175 (1981); Ladner v. Plaza Del Prado Condominium Association, Inc., 423 So.2d 927 (Fla. 3d DCA 1982).

Reversed and remanded.

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    • United States
    • Florida District Court of Appeals
    • September 9, 1987
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  • Yachting Promotions, Inc. v. Broward
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    ...Petersburg v. Ferris, 156 So.2d 421, 424 (Fla. 2d DCA 1963), or if money damages are available as a remedy. See City of Miami Springs v. Steffen, 423 So.2d 930 (Fla. 3d DCA 1982). On appeal, Yachting Promotions maintains that the trial court erred in entering the injunction. It claims that ......
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