Gulf Coast Commercial, LLC v. KOS Corp.
Property owners obtained a temporary injunction compelling their former property manager to deliver a final accounting and records required by the post-termination clause of their management agreements. The Second District reversed, holding the injunction altered rather than preserved the status quo and granted the very mandatory relief sought as ultimate relief in the injunctive-relief counts of the complaint, thereby resolving the merits without a final evidentiary hearing.
Key facts
- Property owners sought a temporary injunction against their former property manager to compel delivery of a final accounting and records allegedly required by their management agreements' post-termination clause.
- The trial court granted the temporary injunction; the Second District Court of Appeal reversed, finding the injunction improperly granted mandatory relief that resolved the merits without a final hearing.
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Why it matters
Useful authority for defending against mandatory temporary injunctions that compel contract performance, particularly demands for accountings, records, or turnover of documents after a contract terminates. The opinion… — full analysis with a trial
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