Rosario v. Wilson

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED GEORGE ROSARIO, Appellant, v. Case No. 5D17-287 GLEN C. WILSON AND CITY OF GROVELAND, FLORIDA, Appellees. ________________________________/ Opinion filed October 27, 2017 Non-Final Appeal from the Circuit Court for Lake County, Don F. Briggs, Judge. Joan C. Wizel, Onier Llopiz and Troy Beecher, of Lydecker Diaz, Miami, for Appellant. Derek A. Schroth and Zachary T. Broome, of Bowen, Schroth, Mazenko & Broome, P.A., Eustis, for Appellee, Glen C. Wilson. Michael J. Roper, Dale A. Scott and John M. Janousek, of Bell & Roper, P.A., Orlando, for Appellee, City of Groveland, Florida. PER CURIAM. We address the propriety of a preliminary injunction prohibiting the City of Groveland from “recognizing the authority of George Rosario as the City of Groveland Mayor” due to his alleged status as a convicted felon. Although numerous issues challenging the order have been raised, including the failure to join Mr. Rosario as a party and the failure to provide him notice of the hearing on the motion, we conclude as dispositive that injunctive relief is unavailable because of an adequate remedy at law— application for a writ of quo warranto. See Swoope v. City of New Smyrna, 125 So. 371 (Fla. 1929). Accordingly, we reverse the order under review and remand this cause for further proceedings. 1 REVERSED AND REMANDED. TORPY, WALLIS and LAMBERT, JJ., concur. 1 After the injunction was entered, the complaint was amended to join Mr. Rosario and to seek a writ of quo warranto. 2

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