LEGAL GUIDE
Written by attorney Dana Elaine Quigley | Sep 7, 2011

Florida - The Essential Pleading and Proof Elements of Injunctive Relief

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THE ESSENTIAL PLEADING AND PROOF ELEMENTS THAT MUST BE PRESENT IN THE COMMERCIAL / BUSINESS LITIGATION INJUNCTIVE RELIEF SETTING

(NOT DOMESTIC VIOLENCE)

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The Florida Supreme Court in Provident Management Corp. v. City of Treasure Island, 796 So.2d 481, 485 (Fla. 2001) set forth the essential elements for a temporary injunction which shows the essential elements as follows:

(1) irreparable injury will result if the injunction is not granted;

(2) there is no adequate remedy at law;

(3) the party has a clear legal right to the requested relief; and

(4) the public interest will be served by the temporary injunction. See, also, Net First Nat. Bank v. First Telebanc Corp., 834 So.2d 944, 949 (Fla. 4th DCA 2003).

It should be noted that the aforementioned “temporary injunctions" are not for domestic violence and/or dating violence and are typically used in the commercial and/or business litigation setting.

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