Florida High School Activities Ass'n, Inc. v. Adderly

• Decision Date: 16 November 1990
• Docket Number: No. 90-3043,90-3043
• Citation: 574 So.2d 158
• Parties: 65 Ed. Law Rep. 989, 15 Fla. L. Weekly D2842 The FLORIDA HIGH SCHOOL ACTIVITIES ASSOCIATION, INC., a non-profit corporation, and James Jones, as principal of Ely High School, Appellants, v. Nicholian ADDERLY, Appellee.
• Court: Florida District Court of Appeals

Page 158

574 So.2d 158

65 Ed. Law Rep. 989, 15 Fla. L. Weekly D2842

The FLORIDA HIGH SCHOOL ACTIVITIES ASSOCIATION, INC., a non-profit corporation, and James Jones, as principal of Ely High School, Appellants, v. Nicholian ADDERLY, Appellee.

No. 90-3043.

District Court of Appeal of Florida Fourth District.

Nov. 16, 1990.

Leonard E. Ireland, Jr. of Clayton, Johnson, Quincey, Ireland, Felder, Gadd, Smith & Roundtree, Gainesville, for appellant-The Florida High School Activities Ass'n, Inc.

Robert Paul Vignola of Marko & Stephany, Fort Lauderdale, for appellant-James Jones.

Johnny M. McCray, Jr., Pompano Beach, for appellee.

PER CURIAM.

This is an appeal of an order granting the temporary injunction thereby permitting appellee to participate as a football player in games played by Ely High School for the remainder of this season, although having been ruled ineligible by appellant. The order states:

ORDERED AND ADJUDGED that this Court, acting as a court of equity, hereby holds that the Plaintiff's prayer for a temporary injunction is granted. The Defendants, THE FLORIDA HIGH SCHOOL ACTIVITIES ASSOCIATION, INC. and JAMES JONES, as principal of Ely High School, and any individual or entity in active participation with the Defendants, are temporarily and immediately enjoined from enforcing any rule or regulation that would prohibit the participation of NICHOLIAN ADDERLY in the remaining 1990-91 high school football season, including any potential championship games pending further Order of this Court.

While this Court finds that under the specific circumstances of this case irreparable harm to this Petitioner is likely to occur if this temporary injunction is not granted, the Court further finds that the FLORIDA HIGH SCHOOL ACTIVITIES ASSOCIATION did not procedurally deny the Petitioner his Due Process rights, nor is there a substantial likelihood that NICHOLIAN ADDERLY will prevail at a permanent injunction hearing on his Equal Protection argument. However, this Order pertains only to the instant temporary injunction and does not affect NICHOLIAN ADDERLY'S right to petition for a hearing on the permanent injunction prayed for in his complaint.

A party seeking a temporary injunction must show that (1) he will suffer irreparable harm, (2) he has a clear legal right, (3) he has an inadequate remedy at law and (4) a temporary injunction serves the public interest. Playpen South, Inc. v. City of Oakland Park, 396 So.2d 830 (Fla. 4th DCA 1981); Dania Jai Alai International, Inc. v. Murua, 375 So.2d 57 (Fla. 4th DCA 1979). In City of Fort Lauderdale v. Canary, 546 So.2d 1114 (Fla. 4th DCA 1989), this court stated:

[A]ppellees have failed to demonstrate a "substantial likelihood of success on the merits" as this Court demanded in Playpen South, Inc. v. City of Oakland Park, 396 So.2d 830, 831 (Fla. 4th DCA 1981). As a result, appellees have failed to demonstrate a clear legal right which "is met by proof of a reasonable certainty" of success on the merits. Zimmerman v. D.C.A. at Welleby, Inc., 505 So.2d 1371, 1373 (Fla. 4th DCA 1987). Therefore, because appellees did not meet the clear legal right requirement, the trial court erred in issuing the temporary...