University of Miami v. ANSCHER

District Court of Appeal of Florida

University of Miami v. ANSCHER

34 So. 3d 50, 2010 Fla. App. LEXIS 2912, 2010 WL 785865

CourtDistrict Court of Appeal of Florida

DecidedMarch 10, 2010

Docket3D09-2654

StatusPublished

This text of 34 So. 3d 50 (University of Miami v. ANSCHER) 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

University of Miami v. ANSCHER, 34 So. 3d 50, 2010 Fla. App. LEXIS 2912, 2010 WL 785865 (Fla. Ct. App. 2010).

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Opinion

GERSTEN, J.

The University of Miami (“UM”) appeals an order granting a temporary injunction in favor of Daniel Anscher (“the student”). We reverse.

There are four well-established requirements for issuing a temporary injunction: (1) the likelihood of irreparable harm and the unavailability of an adequate remedy at law; (2) a substantial likelihood of success on the merits; (3) that the threatened injury to the petitioner outweighs any possible harm to the respondent; and (4) the entry of the injunction will not disserve the public interest. See LaRose v. A.K., 32 So.3d 77 (Fla. 2d DCA 2009).

Here, because the student did not adequately establish the elements for a temporary injunction, the trial judge improperly granted the temporary injunction. Accordingly, we reverse the temporary injunction.

Reversed and remanded.

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