Rosario v. Wilson

District Court of Appeal of Florida

Rosario v. Wilson

228 So. 3d 726, 42 Fla. L. Weekly Fed. D 2295

CourtDistrict Court of Appeal of Florida

DecidedOctober 27, 2017

DocketCase No. 5D17-287

StatusPublished

This text of 228 So. 3d 726 (Rosario v. Wilson) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rosario v. Wilson, 228 So. 3d 726, 42 Fla. L. Weekly Fed. D 2295 (Fla. Ct. App. 2017).

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Opinion

PER CURIAM.

We address the propriety of a preliminary injunction..prohibiting the City of Groveland from- “recognizing the authority of George Rosario as the City of Groveland Mayor” due to his alleged status as a convicted felon. Although numerous issues challenging the order have been raised, including the failure to join Mr. Rosario as a party and the failure to' provide hitó notice of the hearing on the motion, we conclude as dispositive that injunctive relief is unavailable because of an adequate remedy at. law—application for a writ of quo warranto. See Swoope v. City of New Smyrna, 98 Fla. 1082, 125 So. 371 (Fla. 1929). Accordingly, we reverse the order under review and remand this cause for further proceedings.¹

REVERSED AND REMANDED.'

TORPY, WALLIS and LAMBERT, JJ., concur.

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PER CURIAM.

We address the propriety of a preliminary injunction..prohibiting the City of Groveland from- “recognizing the authority of George Rosario as the City of Groveland Mayor” due to his alleged status as a convicted felon. Although numerous issues challenging the order have been raised, including the failure to join Mr. Rosario as a party and the failure to' provide hitó notice of the hearing on the motion, we conclude as dispositive that injunctive relief is unavailable because of an adequate remedy at. law—application for a writ of quo warranto. See Swoope v. City of New Smyrna, 98 Fla. 1082, 125 So. 371 (Fla. 1929). Accordingly, we reverse the order under review and remand this cause for further proceedings.¹

REVERSED AND REMANDED.'

TORPY, WALLIS and LAMBERT, JJ., concur.

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Bluebook (online)

228 So. 3d 726, 42 Fla. L. Weekly Fed. D 2295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosario-v-wilson-fladistctapp-2017.

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