Wade v. Brown
Wade v. Brown
Opinion of the Court
In 1992, the City Council for Riviera Beach declared itself a Community Redevelopment Agency (“CRA”) under the Community Redevelopment Act of 1969.
This court has held that “[a] temporary injunction may be granted if the complainant shows ‘(1) that it will suffer irreparable harm unless the status quo is maintained; (2) that it has no adequate remedy at law; (3) that it has a substantial likelihood of success on the merits; and (4) that a temporary injunction will serve the public interest.’ ” Colucci v. Kar Kare Auto. Group, Inc., 918 So.2d 431, 438 (Fla.4th DCA 2006) (quoting Net First Nat’l Bank v. First Telebanc Corp., 834 So.2d 944, 949 (Fla. 4th DCA 2003)). “ ‘Clear, definite, and unequivocally sufficient factual findings’ must support each of these four criteria before the court may enter the injunction.” Aerospace Welding, Inc. v. Southstream Exhaust & Welding, Inc., 824 So.2d 226, 227 (Fla. 4th DCA 2002) (referencing City of Jacksonville v. Naegele Outdoor Adver. Co., 634 So.2d 750, 754 (Fla. 1st DCA 1994), approved, 659 So.2d 1046 (Fla. 1995)). “ ‘To the extent it rests on purely legal matters, an order imposing an injunction is subject to full, or de novo, review on appeal.’ ” Smith v. Coalition to Reduce Class Size, 827 So.2d 959, 961 (Fla. 2002) (quoting Operation Rescue v. Women’s Health Ctr., Inc., 626 So.2d 664, 670 (Fla. 1993)).
In granting the temporary injunction, the trial court opined that the Mayor and the citizens would be irreparably harmed if the Mayor could not participate in discussions. There was, however, no evidence to support a finding that the Mayor could not participate in discussions. In fact, the Mayor acknowledged he had the option of participating in discussions,
Accordingly, we reverse the order granting the temporary injunction and need not reach the other issues on appeal.
Reversed.
. See § 163.330, Fla. Stal. As an alternative to appointing independent members to make up the CRA, the “governing body” may declare itself to be the CRA. See § 163.357, Fla. Stat.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.