Medical Facilities Development, Inc. v. Little Arch Creek Properties, Inc.

BARKDULL, Judge,

specially concurring.

I concur with Judge Levy’s opinion and write only to point out the following:

Section 48.23(3), Fla.Stat. (1993), authorizes a trial court to treat a lis pendens, such as the one in this case, the same as a temporary injunction. A temporary injunction is only issued when a plaintiff has no adequate remedy at law, i.e. ascertainable damages, or in other words, irreparable damage or injury.

The dissent, and the authority cited therein, seems to miss the point as to who must suffer irreparable damages. A showing of irreparable damage is essential for a…