UNITED COIN METER CO. OF FLORIDA, INC., APPELLANT,
v.
COMMERCIAL LAUNDRIES, INC., APPELLEE
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The court affirmed a temporary injunction restraining interference with appellee's laundry operations but reversed the portion requiring a compulsory cross-claim as overly broad and contrary to Florida Rule of Civil Procedure 1.170(g).
A temporary injunction restraining interference with a party's use of leased laundry space is proper, but a provision requiring a compulsory cross-claim exceeds judicial authority under Florida Rule of Civil Procedure 1.170(g).
[1] A temporary injunction restraining interference with a party's contractual use of leased commercial space does not constitute an abuse of discretion when the trial court…
[2] A provision in an injunction order requiring a compulsory cross-claim violates Florida Rule of Civil Procedure 1.170(g) and is subject to reversal as overly broad.
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PER CURIAM.
Appellant has failed to demonstrate that the trial court abused its discretion, therefore, we affirm that portion of the order granting a temporary injunction restraining appellant and La Morada Condominium Association from interfering with appellee’s use of the laundry space; placing competitive laundry equipment on the premises; and interfering with appellee’s connection to the utilities during litigation of this contract dispute. Northwestern National Insurance Co. v. Greenspun, 330 So. 2d 561 (Fla. 3d DCA 1976); Durable Uniform and Linen Supply Co. v. Sanitary Linen Service Co., 183 So. 2d 226 (Fla. 3d DCA), cert. dism., 192 So. 2d 484 (Fla.1966).
See Adoption Hot Line, Inc. v. State, Department of Health and Rehabilitative Services, 385 So. 2d 682 (Fla. 3d DCA 1980); Paul’s Drugs, Inc. v. Southern Bell Tel. & Tel. Co., 175 So. 2d 203 (Fla. 3d DCA 1965); Miami Laundry Co. v. Sanitary Linen Service Co., 131 So. 2d 519 (Fla. 3d DCA), cert. denied, 133 So. 2d 325 (Fla.1961).
We reverse, however, as to paragraph 1(f) which is overly broad and constitutes a judicially ordered compulsory cross-claim contrary to the language of Florida Rule of Civil Procedure 1.170(g).
With the deletion of paragraph 1(f) in its entirety, the order, as modified, is affirmed.
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Authorities Cited
- Nw. Nat'l Ins. Co. v. Greenspun, 330 So. 2d 561 (Fla. 3d DCA 1976)
- Adoption HOT Line, Inc. v. State, 385 So. 2d 682 (Fla. 3d DCA 1980)
- Paul's Drugs, Inc. v. S. Bell Tel. & Tel. Co., 175 So. 2d 203 (Fla. 3d DCA 1965)
- Durable Unif. & Linen Supply Co. v. Sanitary Linen Serv. Co., 183 So. 2d 226 (Fla. 3d DCA 1966)
- Miami Laundry Co. v. Sanitary Linen Serv. Co., 131 So. 2d 519 (Fla. 3d DCA 1961)
- Martin v. Cochran, 133 So. 2d 325 (Fla. 1961)
- Walker v. Cochran, 133 So. 2d 325 (Fla. 1961)
- Teodosia Bahadue v. State, 192 So. 2d 484 (Fla. 1966)
- Durable Unif. & Linen Supply Co. v. Sanitary Linen Supply Co., 192 So. 2d 484 (Fla. 1966)