Hiles v. Auto Bahn Federation, Inc.
| Decision Date | 10 December 1986 |
| Docket Number | No. 4-86-1702,4-86-1702 |
| Parties | 11 Fla. L. Weekly 2591 Peter HILES, individually and derivatively on Behalf of the stockholders of Auto Bahn Sales and Leasing, Inc., and on behalf of Auto Bahn Sales and Leasing, Inc., Appellant, v. AUTO BAHN FEDERATION, INC., a Florida corporation, and the Estate of Joseph A. Uzzo, Deceased, Appellees. |
| Court | Florida District Court of Appeals |
Edward E. Kuhnel, Palm Beach, for appellant.
Gregory Scott of Nason, Gildan, Yeager & Gerson, P.A., West Palm Beach, for appellees.
Appellants Peter Hiles and Auto Bahn Sales and Leasing, Inc., filed this interlocutory appeal from non-final orders granting a temporary mandatory injunction and denying a motion to dissolve the injunction. We reverse.
A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate remedy at law; 4) consideration of the public interest. Finkelstein v. Southeast Bank, N.A., 490 So.2d 976, 980 (Fla. 4th DCA 1986). Since a temporary injunction is an extraordinary remedy, it should be granted sparingly and only after the moving party has alleged and proved facts entitling it to relief. Contemporary Interiors, Inc. v. Four Marks, Inc., 384 So.2d 734, 735 (Fla. 4th DCA 1980). Appellees failed to plead or prove all the requirements for issuance of an injunction.
First, appellees failed to specifically allege irreparable harm--appellees merely suggest the possible dissipation of assets from a corporate bank account. Furthermore, appellees failed to prove that such dissipation is irreparable harm. Injunctive relief may not be used to enforce money damages, or to prevent any party from disposing of assets until an action at law for an alleged debt can be concluded. Action Electric & Repair, Inc. v. Batelli, 416 So.2d 888 (Fla. 4th DCA 1982). Consequently, this alleged loss of money from a corporate bank account does not constitute irreparable harm because the loss can be compensated for by money damages, Action Electric, 416 So.2d at 889; Goldberger v. Regency Highland Condominium Association, 383 So.2d 1173 (Fla. 4th DCA 1980); and an action at law for the alleged debt in the instant case has not yet been concluded. Action Electric, 416 So.2d at 889. Without a showing of irreparable injury, the granting of an injunction is inherently an abuse of discretion meriting reversal. Florida East Coast...
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...be granted sparingly and only after the movant has alleged and proven facts entitling the movant to relief. Hiles v. Auto Bahn Fed'n, Inc., 498 So.2d 997 (Fla. 4th DCA 1986). In order for a temporary injunction to be granted, a plaintiff must prove (1) he will suffer irreparable harm unless......
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...law, i.e., money damages. A claim for money damages does not provide a sufficient basis for injunctive relief. Hiles v. Auto Bahn Fed'n Inc., 498 So.2d 997 (Fla. 4th DCA 1986). Even where the party seeking injunctive relief alleges that the opposing party may dissipate bank assets, a judgme......
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