Haas v. Zephyr Springs Golf Club, L.P. ex rel. International Golf Group, Inc.

District Court of Appeal of Florida

Haas v. Zephyr Springs Golf Club, L.P. ex rel. International Golf Group, Inc.

684 So. 2d 231, 1996 Fla. App. LEXIS 12429, 1996 WL 673339

District Court of Appeal of Florida·Decided November 22, 1996·No. No. 96-02216·Published·Cited by 1 cases

Opinion

BLUE, Judge.

The Appellants challenge a temporary injunction, arguing that the Appellees failed to show an irreparable injury or a threat to public safety. We agree and reverse. The trial court found insufficient evidence of an irreparable harm but entered the injunction based on a threat to public safety. After examining the record, we conclude that the evidence failed to demonstrate a public safety threat that would justify injunctive relief. Cf. Martin v. Pinellas County, 444 So.2d 489, 441 (Fla. 2d DCA 1983) (record “replete” with evidence that justified injunction based on public danger posed by pollutants on Martin’s property that would contaminate the aquifer), review denied, 451 So.2d 849 (Fla. 1984). Accordingly, we reverse the injunction.

SCHOONOVER, A.C.J., and FULMER, J., concur.

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BLUE, Judge.

The Appellants challenge a temporary injunction, arguing that the Appellees failed to show an irreparable injury or a threat to public safety. We agree and reverse. The trial court found insufficient evidence of an irreparable harm but entered the injunction based on a threat to public safety. After examining the record, we conclude that the evidence failed to demonstrate a public safety threat that would justify injunctive relief. Cf. Martin v. Pinellas County, 444 So.2d 489, 441 (Fla. 2d DCA 1983) (record “replete” with evidence that justified injunction based on public danger posed by pollutants on Martin’s property that would contaminate the aquifer), review denied, 451 So.2d 849 (Fla. 1984). Accordingly, we reverse the injunction.

SCHOONOVER, A.C.J., and FULMER, J., concur.

Haas v. Zephyr Springs Golf Club, L.P. ex rel. International Golf Group, Inc., 684 So. 2d 231, 1996 Fla. App. LEXIS 12429, 1996 WL 673339 (Fla. Ct. App. 1996).

Pincite

684 So. 2d 231 (Haas v. Zephyr Springs Golf Club, L.P. ex rel. International Golf Group, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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