JACKSONVILLE ELECTRIC AUTHORITY, Appellant,
v.
BEEMIK BUILDERS & CONSTRUCTORS, INC., a Florida Corporation, Appellee.
District Court of Appeal of Florida, First District.
*373 Gerald A. Schneider, General Counsel, William Lee Allen and Cindy A. Laquidara-Kenney, Asst. Counsel, Jacksonville for appellant.
Earl S. Poitevent, III, Jacksonville for appellee.
ERVIN, Judge.
Jacksonville Electric Company (JEA) appeals from a non-final order issuing a temporary injunction on January 16, 1986 and a non-final order issued January 27, 1986, denying a motion to dissolve the temporary injunction. We find the temporary injunction was incorrectly issued and reverse both orders.
JEA and Beemik Builders and Constructors, Inc. (Beemik), entered into a contract calling for construction of a preengineered metal building. The contract conferred on JEA the right to terminate the contract if the contractor files bankruptcy, if it fails to supply sufficient skilled workmen or suitable equipment or materials, or if it repeatedly fails to perform to schedule or repeatedly fails to make payments to sub-contractors. Although the contract did not include a construction schedule, it included a provision requiring the contractor to submit such schedule for approval by JEA. The schedule was submitted and approved; however, due to numerous problems, the building was not completed in September 1985 pursuant to the schedule. In January 1986 JEA determined that it needed to control the work site and advised Beemik of its intention to cancel pursuant to the contract's non-performance clause. Beemik brought suit to enjoin JEA from cancellation. Following a hearing thereon, the circuit court issued a temporary injunction on January 16, 1986, and an amended temporary injunction on January 27, 1986, enjoining JEA "from interfering with the completion of the construction to be performed by the plaintiff in accordance with the construction contract between the plaintiff and the defendant." We reverse.
It is standard hornbook law that a temporary injunction will only be issued in situations wherein the plaintiff can clearly demonstrate that irreparable injury would follow the denial of the injunction. Cramp v. Board of Public Instruction of Orange County,
Irreparable injury will not be found if money damages are available as a remedy. City of Miami Springs v. Steffen,
REVERSED.
WENTWORTH and JOANOS, JJ., concur.
