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Planned Parenthood of Greater Orlando v. MMB Properties
Citations: 148 So. 3d 810; 2014 Fla. App. LEXIS 15031; 2014 WL 4773990Docket: No. 5D14-2920
Court: District Court of Appeal of Florida; September 24, 2014; Florida; State Appellate Court
Planned Parenthood of Greater Orlando, Inc. filed an emergency motion to stay a temporary injunction issued by the trial court, which arose from a dispute over a restrictive covenant affecting property they purchased in Kissimmee, Florida. The injunction, requested by appellee MMB Properties, prohibited Planned Parenthood from using the property as an "Outpatient Surgical Center" or "Diagnostic Imaging Center," specifically barring surgical abortions and diagnostic imaging services. The court reviewed the motion for a stay under an abuse of discretion standard, requiring Planned Parenthood to demonstrate both a likelihood of success on the merits and a likelihood of harm without the stay. The court found that Planned Parenthood likely succeeded on the merits because the trial court erred in including diagnostic imaging services in the injunction, as MMB did not request this relief. The injunction's scope was deemed overly broad and vague, violating procedural fairness by failing to clearly define prohibited actions. Furthermore, the court concluded that Planned Parenthood likely qualifies as a "physician's practice" under the Declaration of Restrictions, despite being a nonprofit organization. The evidence suggested that any surgical procedures performed would be ancillary to medical practice. Planned Parenthood also established that it would suffer harm if the stay was not granted. Consequently, the motion to stay the injunction was granted, with all judges concurring.