Walton Cnty. v. Sandestin Invs., LLC
| Decision Date | 14 October 2014 |
| Docket Number | No. 1D14–2533.,1D14–2533. |
| Citation | 148 So.3d 172 |
| Court | Florida District Court of Appeals |
| Parties | WALTON COUNTY, Walton County Board of County Commissioners, Wayne Dyess, and Billy Bearden, Appellants, v. SANDESTIN INVESTMENTS, LLC, A Florida Limited Liability Company, Appellee. |
Mark D. Davis and Sidney N. Noyes, Office of the County Attorney, DeFuniak Springs, for Appellants.
Dana C. Matthews, Scott M. Work, and Dana C. Matthews II of Matthews & Jones, LLP, Destin, for Appellee.
Appellant seeks review of a non-final order granting Appellee's request for a temporary injunction. We remand for further proceedings consistent with this opinion.
As this Court has previously held, the issuance of a temporary injunction is an extraordinary remedy which must be based on a showing of the following criteria: “(1) the likelihood of irreparable harm; (2) the unavailability of an adequate remedy at law; (3) substantial likelihood of success on the merits; and (4) considerations of public interest.” Tom v. Russ, 752 So.2d 1250, 1251 (Fla. 1st DCA 2000) (citing Spradley v. Old Harmony Baptist Church,
721 So.2d 735, 737 (Fla. 1st DCA 1998) ). Pursuant to Florida Rule of Civil Procedure 1.610, a trial court's order granting injunctive relief must “specify the reasons for the entry” of the injunction. This Court has emphasized that “[c]lear, definite, and unequivocally sufficient factual findings must support each of the four conclusions necessary to justify entry of a preliminary injunction.” Spradley, 721 So.2d at 737 (quoting City of Jacksonville v. Naegele Outdoor Adver. Co., 634 So.2d 750, 754 (Fla. 1st DCA 1994) ).
The order on appeal failed to address any of the four criteria necessary for the issuance of an injunction and failed to set forth any factual findings in support of the required criteria. Accordingly, we remand with instructions to the trial court to either enter an order that satisfies all the requirements for entry of a temporary injunction or, if appropriate, an order denying the injunction.
REVERSED and REMANDED.
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Fla. High Sch. Athletic Ass'n, Inc. v. Johnson
...we must reverse the injunction and remand to the trial court for further proceedings. See Walton Cty. v. Sandestin Invs., LLC, 148 So. 3d 172, 173 (Fla. 1st DCA 2014) ; City of Miami v. Coll, 546 So. 2d 775, 776 (Fla. 3d DCA 1989) ("Florida courts have held that the failure to specify adequ......
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Walton Cnty. v. Sandestin Invs., LLC, 1D15–294.
...of an injunction and failed to set forth any factual findings in support of the required criteria.” Walton Cnty. v. Sandestin Invs., LLC, 148 So.3d 172, 173 (Fla. 1st DCA 2014). We remanded to the trial court “to either enter an order that satisfies all the requirements for entry of a tempo......
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