Yachting Promotions, Inc. v. Broward Yachts, Inc.

In this non-final appeal, we reverse the trial court’s order granting a mandatory temporary injunction in favor of Broward Yachts.1 The parties to this Seventeenth Circuit (Broward) action are also the parties in a ease pending in the Eleventh Circuit (Dade), in which Appellant, a yacht show promoter, has a previously filed counterclaim seeking relief as to the same issue and claims asserted in this action.

It is well established that where a claim is pending between the same parties in different circuits, “jurisdiction lies in the circuit where service of process is first perfected.” Mabie v.…