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EDWARD F. HEIL, JR. v. FISHER ISLAND COMMUNITY ASSOCIATION, INC.

Citation: Not availableDocket: 22-0581

Court: District Court of Appeal of Florida; January 24, 2023; Florida; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Third District Court of Appeal of Florida reviewed an appeal, case No. 3D22-581, concerning a non-final order from the Circuit Court for Miami-Dade County, presided over by Judge Carlos Guzman. The appellant, represented by Mark Rutecki and Associates, P.A., challenged the decision involving appellees, represented by multiple law firms including the Law Offices of Geoffrey B. Marks and PeytonBolin, PL. The appeal focused on the trial court's decision to grant or deny a temporary injunction. The appellate court upheld the lower court’s decision, emphasizing the broad discretion afforded to trial courts in such matters. It reiterated the principle that appellate courts defer to the trial court's discretion unless a clear abuse is demonstrated, referencing precedents like Fla. Dep't of Health v. Florigrown, LLC and Briceño v. Bryden Invs. Ltd. The court concluded there was no such abuse in this case, affirming the trial court's ruling and effectively maintaining the status quo regarding the temporary injunction.

Legal Issues Addressed

Appellate Review of Trial Court's Discretion

Application: The appellate court will not interfere with the trial court's exercise of discretion unless there is a clear showing of abuse, consistent with established case law.

Reasoning: The appellate court will defer to the trial court's discretion unless there is a clear showing of abuse of that discretion, as established in case law, including Fla. Dep't of Health v. Florigrown, LLC and Briceño v. Bryden Invs. Ltd.

Discretion of Trial Court in Granting Temporary Injunctions

Application: The appellate court will defer to the trial court's broad discretion in granting or denying temporary injunctions unless there is a clear abuse of that discretion.

Reasoning: The court affirmed the lower tribunal's decision, referencing the standard that a trial court's discretion in granting or denying temporary injunctions is broad.