Russell v. Florida Ranch Lands, Inc. , 1982 Fla. App. LEXIS 20265 ( 1982 )


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  • 414 So.2d 1178 (1982)

    Robert B. RUSSELL and Russell Florida Lands, Inc., Appellants,
    v.
    FLORIDA RANCH LANDS, INC., Appellee.

    No. 82-12.

    District Court of Appeal of Florida, Fifth District.

    June 9, 1982.

    *1179 Gordon H. Harris and Herbert M. Hill, of Gray, Harris & Robinson, P.A., Orlando, for appellants.

    Edmund T. Woolfolk and Cameron H. Linton, of Woolfolk, Estes & Palmour, P.A., Orlando, for appellee.

    SHARP, Judge.

    Robert Russell and Russell Florida Lands, Inc., appeal the lower court's non-final order granting appellee's motion for a temporary injunction. The essential elements which must be proved before a preliminary injunction can be issued are a legal right in the subject matter of the suit, likelihood of irreparable harm because of the unavailability of an adequate remedy at law and a substantial likelihood of success on the merits. Oxford International Bank and Trust, Ltd. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 374 So.2d 54 (Fla. 3d DCA 1979). Since none of these elements were established by the testimony or record in this case, there was no foundation upon which to ground a preliminary injunction. Accordingly, it is

    REVERSED.

    COBB and COWART, JJ., concur.