State, Department of Transportation v. Kountry Kitchen of Key Largo, Inc.

District Court of Appeal of Florida

State, Department of Transportation v. Kountry Kitchen of Key Largo, Inc.

645 So. 2d 1086, 1994 Fla. App. LEXIS 11477, 1994 WL 665680

District Court of Appeal of Florida·Decided November 30, 1994·No. No. 94-2245·Published·Cited by 3 cases

Opinion

PER CURIAM.

Appellant, the State of Florida, Department of Transportation, appeals an order granting a temporary injunction tó stop the removal of an outdoor sign advertising the restaurant of appellee, Kountry Kitchen of Key Largo, Inc., on a Department right of way. We reverse.

In order to be entitled to preliminary injunctive relief, a petitioner must establish: 1) irreparable harm will be suffered if the injunction is not issued; 2) no adequate remedy at law is available; 3) considerations of public policy dictate issuance of the injunction; and 4) the petitioner is likely to prevail on the merits. Graham v. Edwards, 472 So.2d 803 (Fla. 3d DCA 1985), review denied, 482 So.2d 348 (Fla.1986).

On the issue of irreparable injury, appellee Kountry Kitchen merely alleged that it will suffer harm if the sign is removed because the sign generates most of its business. However, an alleged loss of business will not support a finding of irreparable injury. See B.G.H. Ins. Syndicate, Inc. v. Presidential Fire & Casualty Co., 549 So.2d 197 (Fla. 3d DCA 1989), review dismissed, 557 So.2d 867 (Fla.1990). Because there is no showing of irreparable injury, we reverse the order granting the injunction. See Gonzalez v. Benoit, 424 So.2d 957 (Fla. 3d DCA 1983).

Reversed.

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PER CURIAM.

Appellant, the State of Florida, Department of Transportation, appeals an order granting a temporary injunction tó stop the removal of an outdoor sign advertising the restaurant of appellee, Kountry Kitchen of Key Largo, Inc., on a Department right of way. We reverse.

In order to be entitled to preliminary injunctive relief, a petitioner must establish: 1) irreparable harm will be suffered if the injunction is not issued; 2) no adequate remedy at law is available; 3) considerations of public policy dictate issuance of the injunction; and 4) the petitioner is likely to prevail on the merits. Graham v. Edwards, 472 So.2d 803 (Fla. 3d DCA 1985), review denied, 482 So.2d 348 (Fla.1986).

On the issue of irreparable injury, appellee Kountry Kitchen merely alleged that it will suffer harm if the sign is removed because the sign generates most of its business. However, an alleged loss of business will not support a finding of irreparable injury. See B.G.H. Ins. Syndicate, Inc. v. Presidential Fire & Casualty Co., 549 So.2d 197 (Fla. 3d DCA 1989), review dismissed, 557 So.2d 867 (Fla.1990). Because there is no showing of irreparable injury, we reverse the order granting the injunction. See Gonzalez v. Benoit, 424 So.2d 957 (Fla. 3d DCA 1983).

Reversed.

State, Department of Transportation v. Kountry Kitchen of Key Largo, Inc., 645 So. 2d 1086, 1994 Fla. App. LEXIS 11477, 1994 WL 665680 (Fla. Ct. App. 1994).

Pincite

645 So. 2d 1086 (State, Department of Transportation v. Kountry Kitchen of Key Largo, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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