Planned Parenthood of Greater Orlando, Inc. v. MMB Properties

MMB Properties filed a complaint alleging that Planned Parenthood of Greater Orlando’s use of property located at a medical complex violated the Declaration of Restrictions. The complaint sought a permanent injunction preventing Planned Parenthood from performing certain activities. MMB Properties then filed a motion for a temporary injunction. The trial court granted the motion. Planned Parenthood filed a motion to modify or dissolve the temporary injunction, without success. Planned Parenthood appealed the temporary injunction and the denial of its motion to modify or dissolve the temporary injunction. The Fifth District Court of Appeal held that Planned Parenthood needed to establish changed circumstances in order to modify or dissolve the temporary injunction, which it did not do. The Fifth District also affirmed the portion of the temporary injunction enjoining Planned Parenthood from performing abortions. The Supreme Court quashed the Fifth District’s decision to the extent it affirmed the trial court’s temporary injunction, holding (1) a trial court abuses its discretion in not modifying or dissolving a temporary injunction when a party shows clear misapprehension of the facts or clear legal error, regardless of whether the movant shows changed circumstances; and (2) the order enjoining Planned Parenthood from performing abortions was not based on competent, substantial evidence. View "Planned Parenthood of Greater Orlando, Inc. v. MMB Properties" on Justia Law