City of Miami Beach v. Kuoni Destination Management, Inc.
2012 Fla. App. LEXIS 1577
| Fla. Dist. Ct. App. | 2012Background
- City of Miami Beach appeals a non-final order granting a temporary injunction in favor Kuoni for a private party on Star Island.
- Kuoni paid $40,000 for use of Kramer’s residence March 5–6, 2011 for a 200-guest birthday party.
- City warned Kuoni that renting residential property for a third-party commercial event violated Sec. 142-109 of the Miami Beach Code.
- Trial court granted Kuoni’s temporary injunction on March 5, 2011; the party occurred as planned.
- City pending a counterclaim for a permanent injunction against Kramer; the appellate issue is whether to preserve the status quo.
- The appellate court remands to the circuit court to decide the City’s counterclaim and whether the ordinance is reasonably interpreted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether irreparable injury remains moot | Kuoni contends irreparable injury warranted injunctive relief pending merits. | City argues irreparable harm remains; status quo should be preserved. | Moot as the party occurred; no final merits ruling on injunctive need. |
| Whether remand for ordinance interpretation is appropriate | Kuoni seeks resolution of interpretation via appellate review. | City argues proper interpretation should be determined by circuit court. | Remanded for circuit court to determine reasonableness of City’s interpretation and City counterclaim. |
| Whether injunction merits/administration may be addressed on remand | Kuoni asserts injunction should stand to preserve status quo. | City asserts the ordinance clearly prohibits such rentals and merits should be resolved | Court declines to resolve merits; orders remand with directions. |
Key Cases Cited
- Wise v. Schmidek, 649 So.2d 336 (Fla. 3d DCA 1995) (abuse of discretion standard for injunctions)
- Lawnwood Med. Ctr., Inc. v. Desai, 54 So.3d 1027 (Fla. 4th DCA 2011) (de novo review for legal principles in injunctions)
- Garcia v. Dumenigo, 46 So.3d 1085 (Fla. 3d DCA 2010) (preservation of status quo in temporary injunctions)
- Escudero v. Hasbun, 689 So.2d 1144 (Fla. 3d DCA 1997) (temporary injunction aims to preserve status quo pending merits)
- Ladner v. Plaza Del Prado Condo. Ass'n, 423 So.2d 927 (Fla. 3d DCA 1982) (status quo rationale in injunctions)
- City of Ft. Lauderdale v. Canary Enters., 546 So.2d 1114 (Fla. 4th DCA 1989) (presumption of ordinance reasonableness in interpretation)
- City of Miami v. Kayfetz, 92 So.2d 798 (Fla.1957) (presumption of reasonableness in statutory interpretation)
- Godwin v. State, 593 So.2d 211 (Fla.1992) (public-interest and collateral consequences in moot issues)