North Dade Water Co. v. Adken Land Co.
| Decision Date | 27 August 1959 |
| Docket Number | No. 59-337,59-337 |
| Citation | 114 So.2d 347 |
| Parties | NORTH DADE WATER CO., a Florida corporation, and The City of North Miami Beach, a municipal corporation, Appellants, v. ADKEN LAND CO., a Florida, corporation, Appellee. |
| Court | Florida District Court of Appeals |
Myers, Heiman & Kaplan, Miami, for appellants.
Anderson & Nadeau, Miami, for appellee.
The appellee-plaintiff instituted an action for temporary and permanent injunction to restrain the appellants-defendants from draining effluent into two lakes situated on appellee's property. The chancellor entered a temporary injunction so restraining the appellants, and from this order an interlocutory appeal was taken.
Appellant, City of North Miami Beach, is the owner and operator of a water supply and sewage collection plant, purchased from appellant, North Dade Water Company. Appellee is the owner of property upon which two land-locked lakes are located. This property was acquired from North Dade Land Company, an affiliate of the appellant, North Dade Water Company. The sewage treatment plant adjoins Myrtle Lake, and effluent from this plant is discharged into Myrtle Lake, which in turn, discharges through a culvert into the two lakes situated on appellee's property. The appellee alleged that the discharge into the lakes situated on its property is resulting in the pollution of said lakes. Appellee offered the testimony of a chemist, who had analyzed samples of water taken from each lake, that these samples showed sewage bacteria and further, that there was a strong odor in the area of Myrtle Lake. Other testimony was offered that the culvert connecting Myrtle Lake with the two lakes on appellee's property was not present approximately three or four weeks prior to the testimony.
The appellants' brief raises three principal points, i. e., (1) that the chancellor erred in granting an injunction which changes the status quo without proof of irreparable injury; (2) that the chancellor erred in refusing to take into consideration the inconvenience of denying sanitary services to a great number of people, while protecting the relatively less inconvenience of odor to the surrounding neighborhood; and (3) that the chancellor erred in granting temporary injunction which, in effect, disposes of all of the issues of the case.
The granting or denying of a temporary injunction is generally within the sound judicial discretion of the...
To continue reading
Request your trial
-
Adoption Hot Line, Inc. v. State, Dept. of Health and Rehabilitative Services, Dist. XI ex rel. Rothman
...injunction is clearly not conclusive; its provisions may be merged in, or dissolved by, the final decree, North Dade Water Co. v. Adken Land Co., 114 So.2d 347 (Fla. 3d DCA 1959), or it may be attacked while the suit is pending. Fla.R.Civ.P. 3 § 63.092, Fla.Stat. (1979), addresses the "suit......
-
Brake v. Gissendanner
...So.2d 902, (opinion filed December 5, 1967); Stirling Music Co., Inc. v. Feilbach, Fla.App.1958, 100 So.2d 75; North Dade Water Co. v. Adken Land Co., Fla.App.1959, 114 So.2d 347; Cunningham v. Dozer, Fla.App.1964, 159 So.2d 105; Durable Uniform and Linen Supply Co. v. Sanitary Linen Servic......
-
Al-Fassi v. Al-Fassi, AL-FASS
...v. Provende, Inc., 399 So.2d 1038 (Fla. 3d DCA 1981), and may enter orders preserving the status quo, North Dade Water Co. v. Adken Land Co., 114 So.2d 347 (Fla. 3d DCA 1959), and preventing a mooting of the underlying controversy. See City of Jacksonville v. Giller, 102 Fla. 92, 135 So. 54......
-
Blackhawk Heating & Plumbing Co., Inc. v. Data Lease Financial Corp.
...exercise of the option may be valid. The purpose of a temporary injunction being to maintain the status quo, North Dade Water Co. v. Adken Land Co., (Fla.App.) 114 So.2d 347, it would seem appropriate here because there is a myriad of beneficial aspects to the ownership of this stock which ......