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MICHAEL A. DICHRISTOPHER, Appellant, v. BOARD OF COUNTY COMMISSIONERS, ETC., Appellee.

ON MOTION FOR REHEARING OR CLARIFICATION

SHARP, W., J.

DiChristopher has filed a motion for rehearing or clarification, which we grant in part. The appealed order involved count I, which dealt with DiChristopher's request for both a temporary and a permanent injunction. Our opinion addressed only the dismissal of DiChristopher's request for a temporary injunction. We did not address his request for a permanent injunction because at the hearing below, counsel for Brevard County told the trial judge that the matter of a permanent injunction was "not at issue" and the order under review dismissed with prejudice "Count I of Plaintiff's Amended Petition for Temporary Injunctive Relief." (emphasis added)

Thus the record presented to us showed only that the trial court had dismissed that part of count I which had requested a temporary injunction. Nevertheless, a party seeking a permanent injunction, as well as a temporary injunction, must show there is no adequate remedy at law. Operation Rescue v. Women's Health Center, Inc., 626 So. 2d 664, 670 (Fla. 1993), affirmed in part, reversed in part by Madsen v. Women's Health Center, Inc., 512 U.S. 753, 114 S.Ct. 2516, 129 L.Ed.2d 593 (1994). Since DiChristopher has the remedy of inverse condemnation available, he is not entitled to any kind of injunctive relief, either temporary or permanent. See, e.g. Stanberry v. Escambia County, 813 So. 2d 728 (Fla. 1st DCA 2002).

Accordingly, to save judicial time and effort, we grant DiChristopher's motion to clarify that dismissal of his request for permanent injunction, if it in fact occurred, was appropriate.

Motion for Rehearing DENIED; Motion for Clarification GRANTED.

THOMPSON and MONACO, JJ., concur.

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DiCHRISTOPHER v. BD. OF CTY. COMMRS., 5D05-393 (Fla.App. 5 Dist. 8-12-2005)
(Aug 12, 2005)