Darron Sanders v. Bobby J. Sanders, Jr., Individually and on Behalf of Mid-Florida Golf Carts

Summary

The Fifth District Court of Appeal of Florida reversed a temporary injunction that restricted Darron Sanders’s involvement in Mid-Florida Golf Carts and granted Bobby J. Sanders, Jr. exclusive control during a contemplated stock sale. The court held that the movant failed to present competent substantial evidence establishing a substantial likelihood of success on the merits and failed to present evidence that the injunction served the public interest.

Holdings

1. A party seeking a temporary injunction must establish by competent substantial evidence all four elements: likelihood of irreparable harm, lack of an adequate remedy at law, substantial likelihood of success on the merits, and consideration of the public interest. Failure to establish any one element requires denial of the injunction.
2. The temporary injunction was improper because Bobby failed to present competent substantial evidence establishing a substantial likelihood of success on the merits and presented no evidence that the injunction would serve the public interest.
3. The appeal was not moot notwithstanding the later clarification order entered by the trial court.

Questions Presented

1. Whether the trial court erred in granting a temporary injunction when Bobby failed to present competent substantial evidence of a substantial likelihood of success on the merits.
2. Whether the temporary injunction could stand when Bobby presented no evidence that granting it would serve the public interest.
3. Whether a later clarification order rendered the appeal moot.

Disposition

reversed