ST. DEPT, TRANSP. v. KOUNTRY KITCHEN

No. 94-2245.

645 So.2d 1086 (1994)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. KOUNTRY KITCHEN OF KEY LARGO, INC. and Herbert Shaw Trust, Appellees.

District Court of Appeal of Florida, Third District.

November 30, 1994.


Attorney(s) appearing for the Case

Thornton J. Williams, Gen. Counsel, Dept. of Transp., and Marianne A. Trussell, Asst. Gen. Counsel, Tallahassee, for appellant.

Hershoff & DeFoor, and J. Allison DeFoor, II, Tavernier, for appellees.

Before HUBBART, GERSTEN and GREEN, JJ.


PER CURIAM.

Appellant, the State of Florida, Department of Transportation, appeals an order granting a temporary injunction to stop the removal of an outdoor sign advertising the restaurant of appellee, Kountry Kitchen of Key Largo, Inc., on a Department right of way. We reverse.

In order to be entitled to preliminary injunctive relief, a petitioner must establish: 1) irreparable harm will be suffered if the injunction is not issued; 2) no adequate remedy...

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