ST. BRENDAN HIGH SCHOOL, INC., et al., Appellants,
Magali NEFF, et al., Appellees.
Rehearing Denied July 17, 2019
Appeal from a non-final order from the Circuit Court for
Miami-Dade County, Maria De Jesus Santovenia, Judge. Lower
Tribunal No. 18-31703
Patrick Fitzgerald & Associates, P.A., Roberto J. Diaz and
Maura Fitzgerald Jennings; Gaebe Mullen Antonelli & DiMatteo,
Elaine D. Walter, Joseph M. Winsby and Michael A. Mullen, for
J. Traitz; Jay M. Levy, for appellees.
SALTER, FERNANDEZ and LINDSEY, JJ.
Brendan High School, Inc., and Archdiocese of Miami, Inc.,
(collectively, "St. Brendan") appeal the trial
courts order granting a temporary injunction compelling St.
Brendan to reverse its expulsion of Michelle Neff, a minor,
and to readmit her to complete her junior year of high
school. Due to the Neffs failure to show entitlement to
relief and the trial courts failure to include all of the
necessary findings required for granting an injunction, we
reverse and vacate the order and remand for further
proceedings consistent with this opinion.
Brendan, a private Catholic high school in Miami-Dade County,
Florida, expelled high school student, Michelle Neff, when
her parents, Magali and Herbert Neff, filed a personal injury
action against the school after Michelle was injured while
performing community service at Good Hope Equestrian Training
Center, Inc., an organization listed on St. Brendans
approved community service list. St. Brendan maintains that
filing the suit against the school violated school policy,
specifically certain school handbook
provisions. Approximately one month after the
expulsion, the Neffs filed an emergency motion for temporary
injunction, in order to compel the school to readmit Michelle
to complete her junior year.
a hearing on the emergency motion for temporary injunction,
the trial court issued an order simply granting the motion,
noting that the courts reasoning was contained in the
record. St. Brendan timely appealed the non-final order
granting the temporary injunction.
Court applies "a hybrid standard of review to the appeal
of an order granting or denying a temporary injunction: To
the extent the trial courts order is based on factual
findings, we will not reverse unless the trial court abused
its discretion; however, any legal conclusions are subject to
de novo review. " City of Miami v. City of Miami
Firefighters & Police Officers Ret. Trust & Plan, 249
So.3d 709, 713 (Fla. 3d DCA 2018) (quoting Gainesville
Woman Care, LLC v. State, 210 So.3d 1243, 1258 (Fla.
obtain a temporary injunction, a party seeking relief must
satisfy the following four-part test: " a substantial
likelihood of success on the merits;  lack of an adequate
remedy at law;  irreparable harm absent the entry of an
injunction;  and that injunctive relief will serve the
public interest." Gainesville Woman Care, 210
So.3d at 1258; see alsoMercado Oriental, Inc.
v. Marin,725 So.2d 468, 469 (Fla. 3d DCA 1999); Fla. R.
Civ. P. 1.610(c). If the party fails to meet any of these
requirements, the motion must be denied. Genchi v. Lower
Fla. Keys Hosp. Dist.,45 So.3d 915, 919 (Fla. 3d DCA
2010). "Before granting a temporary injunction, the
trial court must make clear, definite, and unequivocally
sufficient factual findings .... Failure to make specific
findings as to each of these four elements is reversible
error." Tesoro Prop. Owners Assn, Inc. v. Tesoro
Commons, LLC,237 So.3d 403, 404 (Fla. 4th DCA 2018).
The trial courts findings must be supported by competent
substantial evidence. Gainesville Woman Care, 210
So.3d at 1265. Upon ...