El Segundo Original Rey de la Pizza Cubana, Inc. v. Rey Pizza Corp.
| Decision Date | 13 November 1996 |
| Docket Number | No. 96-1641,96-1641 |
| Citation | 682 So.2d 697 |
| Parties | 21 Fla. L. Weekly D2420 EL SEGUNDO ORIGINAL REY DE LA PIZZA CUBANA, INC., p/k/a Original Rey Pizza, Inc., Original Rey De La Pizza Cubana, Corp., and Manual Montes De Oca, Appellants, v. REY PIZZA CORP., Appellee. |
| Court | Florida District Court of Appeals |
Kuvin, Lewis, Restani & Stettin and R. Fred Lewis; Robert Wayne; Francis X. Santana, Miami, for appellants.
Jesus Sanchelima, Miami, for appellee.
Before BARKDULL, NESBITT and JORGENSON, JJ.
El Segundo Original Rey de la Pizza Cubana, Inc. appeals from an order of the trial court granting temporary injunctive relief after entry of a partial summary judgment in favor of Rey Pizza Corp. We affirm the order under review. In so doing, we take no position on the underlying merits which will be resolved at a trial to be held in the near future. Cox v. Florida Mobile Leasing,Inc., 478 So.2d 1200, 1201 (Fla. 4th DCA 1985)(preliminary injunction does not decide merits of the case). Further, the affirmance of a temporary injunction on appeal determines only that a proper showing was made at the time the injunction was applied for. Jones v. Sterile Prod. Corp., 658 So.2d 1099 (Fla. 5th DCA 1995); Morse Taxi & Baggage Transfer, Inc. v. Bal Harbour Village, 242 So.2d 177, (Fla. 3d DCA 1970).
Affirmed.
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Whitby v. Infinity Radio Inc.
...determines only that a proper showing was made at the time the injunction was applied for." El Segundo Original Rey de la Pizza Cubana, Inc. v. Rey Pizza Corp., 682 So.2d 697, 697 (Fla. 3d DCA 1996) (citations Kozich, 837 So.2d at 1043-44. Thus, although this court reversed the trial court'......
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...that the City had made a sufficient showing for the issuance of a temporary injunction. See Original Rey de la Pizza Cubana, Inc. v. Rey Pizza Corp., 682 So.2d 697, 697 (Fla. 3d DCA 1996). Thus, the trial court entered summary judgment for an incorrect reason. Between the time of this court......
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Vill. of North Palm Beach v. S&H Foster's, Inc.
...for.” See Whitby v. Infinity Radio, Inc., 951 So.2d 890, 896 (Fla. 4th DCA 2007) ( quoting El Segundo Original Rey de la Pizza Cubana, Inc. v. Rey Pizza Corp., 682 So.2d 697, 697 (Fla. 3d DCA 1996)). Factual findings and legal conclusions made by the court at a temporary injunction hearing ......
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...only that a proper showing was made at the time the injunction was applied for. See El Segundo Original Rey de la Pizza Cubana, Inc. v. Rey Pizza Corp., 682 So.2d 697 (Fla. 3d DCA 1996). The converse is also true— the reversal of an order granting a temporary injunction does not preclude th......