Cajun & Grill of America, Inc. v. Jet International Cuisine, Inc.
Cajun & Grill of America, Inc. v. Jet International Cuisine, Inc.
Opinion of the Court
Defendants appeal an order granting plaintiffs motion for emergency temporary injunction and appointing a receiver. We reverse.
Plaintiff Jet International Cuisine, Inc., operates the “Cajun & Grill” fast food restaurant at Miami International Mall. Cajun & Grill of International Mall, Inc. [CGI] leases the premises from the Mall. Cajun & Grill of America, Inc: [CGA], a corporation wholly owned by Hoi Sang Yeung, franchises the “Cajun & Grill” name.
Plaintiff alleges that it entered into a shareholder agreement establishing it as a CGI partner along with Yeung and CGA. The agreement purportedly assigned plaintiff 40% of CGI’s shares, and provided for distribution of profits.
After receiving no profits, and learning that it would be evicted from the Mall, plaintiff sued CGA and Yeung [collectively “defendants”] seeking damages for conversion, breach of contract, accounting, and constructive trust. CGI was not a party to the lawsuit. Plaintiff later amended its complaint to seek injunctive relief, and filed a verified motion for an emergency temporary injunction to avoid ouster from the premises. The trial court granted the injunction and appointed a receiver to maintain control over the restaurant. Defendants appeal.
To establish the right to preliminary injunctive relief a plaintiff must demonstrate: (a) that irreparable harm will result
Based on the foregoing reasoning, we reverse the order and remand the case with instructions to dissolve the injunction and discharge the receiver.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.