Legal Opinion

State, Department of Transportation v. Kountry Kitchen of Key Largo, Inc.

District Court of Appeal of Florida

Decided November 30, 1994No. 94-2245PublishedCited by 3 opinions

1Per curiam

Appellant, the State of Florida, Department of Transportation, appeals an order granting a temporary injunction tó stop the removal of an outdoor sign advertising the restaurant of appellee, Kountry Kitchen of Key Largo, Inc., on a Department right of way. We reverse.

In order to be entitled to preliminary injunctive relief, a petitioner must establish: 1) irreparable harm will be suffered if the injunction is not issued; 2) no adequate remedy at law is available; 3) considerations of public policy dictate issuance of the injunction; and 4) the petitioner is likely to prevail on the merits.…

2Cases cited3 opinions

  1. Graham v. EdwardsDistrict Court of Appeal of Florida · 1985
  2. BGH Ins. Syndicate, Inc. v. PRESIDENTIAL FIRE & CAS.District Court of Appeal of Florida · 1989
  3. Gonzalez v. BenoitDistrict Court of Appeal of Florida · 1983

3Cited by3 opinions

  1. Palma Plaza Owners' Ass'n v. CummingsDistrict Court of Appeal of Florida · 1998
  2. U.S. 1 Office Corp. v. Falls Home Furnishings, Inc.District Court of Appeal of Florida · 1995
  3. Town of Golden Beach v. Breakstone Beach Properties, Ltd.District Court of Appeal of Florida · 1996

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