SUAREZ, J.
The City of Miami Beach ("City") appeals a non-final order granting a temporary injunction in favor of the appellees, Kuoni Destination Management, Inc., Ernesto Bertarelli, and Thomas Kramer ("Kuoni"), enjoining the City from closing a private party alleged to have been in violation of section 142-109 of the Miami Beach Code, which prohibits commercial use of residential property. We have jurisdiction. Fla. R.App. P. 9.130(a)(3)(B). We determine the issue moot, decline to address the merits of the order granting the temporary injunction and remand to the circuit court to determine in the action pending below whether a residence rented for the purpose of a private party is in violation of the ordinance.
Kuoni entered into an agreement with Thomas Kramer whereby it paid $40,000.00 for the use of Kramer's residence on Star Island from Saturday, March 5, 2011, until Sunday, March 6, 2011, to serve as the location for a birthday party being produced for a client of Kuoni's with an expected 200 guests in attendance. The City sent a March 4, 2011 letter to Kuoni advising that it would be in violation of the Miami Beach Code, section 142-109,
The standard of review on an order granting a temporary injunction is abuse of discretion. Wise v. Schmidek, 649 So.2d 336 (Fla. 3d DCA 1995) (holding that an appellate court will not disturb trial court's discretion in granting, denying, dissolving, or modifying an injunction unless clear abuse of discretion is demonstrated). If a legal principle is involved, the standard of review is de novo. Lawnwood Med. Ctr., Inc. v. Desai, 54 So.3d 1027 (Fla. 4th DCA 2011).
The requirements for establishing the right to a temporary injunction are: the likelihood of irreparable harm; the unavailability of an adequate remedy at law; the substantial likelihood of success on the merits; the threatened injury to the petitioner outweighs the possible harm to the respondent; and the granting of the temporary injunction will not disserve the public interest. Graham v. Edwards, 472 So.2d 803, 806 (Fla. 3d DCA 1985). A party seeking to restrain enforcement of a municipal ordinance on grounds of irreparable injury must show sufficient facts so clearly that a trial court may determine the extent of injury and grant relief by injunction if justified. Egan v. City of Miami, 130 Fla. 465, 178 So. 132, 133 (1938). We find the present issue of irreparable injury to be moot as the birthday party in question took place as planned. Although we recognize that an appellate court has jurisdiction to address moot questions that are likely to recur,
Because the purpose of a temporary injunction is not to resolve disputed issues, but rather to preserve the status quo pending final hearing on the merits, Garcia v. Dumenigo, 46 So.3d 1085 (Fla. 3d DCA 2010); Escudero v. Hasbun, 689 So.2d 1144 (Fla. 3d DCA 1997); Ladner v. Plaza Del Prado Condo. Ass'n, 423 So.2d 927 (Fla. 3d DCA 1982), and since the operative event in this case, the private
Remanded with directions.
SHEPHERD, J., concurs.
RAMIREZ, J., (dissenting).
I respectfully dissent. In my view, there is no need to remand the merits of this case to the circuit court to interpret the language of the ordinance. As quoted by the majority, the language of the ordinance, Sect. 142-109(c)(1)a, clearly prohibited the rental of the residence for commercial use, the party. The owner indisputably received $40,000 for the use of his residence, clearly in excess of $100. At the injunction hearing appellees argued that the house-party rental did not violate (1)b—dealing with the sale of goods at a single-family home—and thus they were allowed to violate (1)a. The City, in turn, argued that commercial use was prohibited if appellees violated (1)a
The trial court said it was confused by the word "or" after each prohibition. The City explained that "or" meant there was a violation if plaintiffs did any of the things in (1)a
There is no reason to remand this case to interpret the ordinance again. The trial court deleted the language "or" from the ordinance and substituted the word "and." Statutory construction involves a legal principle, which the majority acknowledges we can review de novo. The trial court clearly rewrote the statute, which is legal error. See Rodriguez v. State, 694 So.2d 96, 97 (Fla. 3d DCA 1997) ("`If a statute makes it punishable to do a particular thing specified, `or' another thing, `or' another, one commits the offense who does any one of the things, or any two, or more, or all of them.'") (quoting Edwards v. State, 62 Fla. 40, 56 So. 401, 403 (1911)).
There is nothing moot about this case. The trial court stated in its order that this private party for which the owner received $40,000, is permitted under section 142-109. The owner is certain to use this order to lease his residence again with impunity.
As the supreme court stated in Godwin v. State, 593 So.2d 211, 212 (Fla.1992):
(alteration in original). I believe this case presents the quintessential scenario for resolution. A circuit court order has basically rewritten a city ordinance. This owner, and other owners similarly situated, are free to convert their residences into commercial enterprises in the middle of exclusive residential communities. I do not believe we should let that order stand. Furthermore, I do not believe we need to remand the case for us to interpret the ordinance at issue.
Lastly, the trial court erred by failing to require an injunction bond, as mandated by Florida Rule of Civil Procedure 1.610. For this reason too, the injunction order must be reversed. See SoBeach Rentals, Inc. v. Shelborne Ocean Beach Hotel, 37 So.3d 982, 983 (Fla. 3d DCA 2010) (injunction bond is required by Florida Rule of Civil Procedure 1.610); Wigdor v. Wigdor, 917 So.2d 898, 898 (Fla. 3d DCA 2005) (same).
For these reasons, I would reverse the trial court's entry of an injunction in this case.