MARILYN GRUDER AND ANNA GRUDER, APPELLANTS,
v.
HERBERT GRUDER, APPELLEE

Fla. 4th DCA | 1983-06-15
No. 82-2613
HURLEY, J., concurs., DOWNEY, J., dissents with opinion.
433 So. 2d 23 Florida District Court of Appeal, Fourth District (1983) Positive Treatment
Cited by 8 cases
Topics
Inadequate Remedy At Law Clear Legal Right Temporary Injunction Requirements Irreparable Injury

Explore caselaw by topic → Browse Inadequate Remedy At Law cases and more on FLexlaw

Opinion of the Court
GLICKSTEIN, Judge.

GLICKSTEIN, Judge.

This is an appeal from an order granting plaintiff’s motion for temporary injunction. We affirm. The testimony, briefly stated, is to the effect that appellee is one of three trustees and beneficiaries; that he has been unable to get what he considers to be a reliable accounting of the whereabouts or disposition of a substantial portion of the trust’s liquid assets; that he is' concerned with further removal, concealment and misspending; and that he wants everything kept in Florida — where both appellants reside. The trial court’s action prevents removal of the assets from Broward County or disposing of same. Hopefully, the case will now be disposed of finally without delay as the trial judge urged.

HURLEY, J., concurs.

DOWNEY, J., dissents with opinion.

Dissent
DOWNEY, Judge,

DOWNEY, Judge,

dissenting:

Appellee sought and obtained a temporary injunction restraining appellants from removing from Broward County the corpus of a trust, which they were administering as trustees. My review of the record fails to reveal any sufficient allegation in the complaint of irreparable injury or' proof thereof.

While the granting of a temporary injunction rests in the sound judicial discretion of the trial court, that discretion never comes into play unless the plaintiff alleges and proves irreparable harm, a clear legal right, and an inadequate remedy at law. Walsh v. French, 409 So. 2d 1131 (Fla. 4th DCA 1982). Because neither the allegations of the complaint nor the proof adduced are sufficient to demonstrate irreparable injury absent the temporary injunction, the entry thereof is in my judgment reversible error. It may be the trial judge felt that, as a practical matter, there would be no real harm to the appellants in granting the temporary injunction until the case was decided. However sensible and inviting that approach appears, it may not be utilized in the absence of the foregoing grounds.

Accordingly, in my view, the order appealed from should be reversed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • M.I. Indus. USA Inc. v. Attorneys' Title Ins. Fund, Inc., 6 So. 3d 627 (Fla. 4th DCA 2009)
    …does not constitute irreparable harm because that loss can be compensat [*629] ed by money damages). However, injunc-tive relief is appropriate to protect what is asserted to be the res of a trust during the pendency of litigation. Gruder v. Gruder, 433 So. 2d 23, 24 (Fla. 4th DCA 1983) (affirming injunction where trustee feared removal of trust’s liquid assets). If the enjoined money remained specifically identifiable in the member-agent’s attorney’s trust account, then the injunction may have been proper.…
  • Ga. Banking Co. v. GMC Lending & Mortg. Servs. Corp, 923 So. 2d 1224 (Fla. 3d DCA 2006)
    …funds which GMC has refused to turn over. Injunctive relief is appropriate to prevent dissipation of the funds in such circumstances. See, e.g., Blecher v. Dreyfus Brokerage Servs., Inc., 770 So. 2d 1276 [*1226] (Fla. 3d DCA 2000); Gruder v. Gruder, 433 So. 2d 23 (Fla. 4th DCA 1983). The order dissolving the ex parte temporary injunction is reversed and the injunction is reinstated.…
  • Garrett Blake Beaubien v. Cambridge Consol., Ltd., 652 So. 2d 936 (Fla. 5th DCA 1995)
    …56 FlaJur.2d Trusts § 121 (1985). . 76 AmJur.2d Trusts § 200. . 76 AmJur.2d Trusts § 405. . Weiss v. Courshon, 618 So. 2d 255 (Fla. 3d DCA 1993) (such trust beneficiary has an enforceable right to an accounting from a trustee); Gruder v. Gruder, 433 So. 2d 23 (Fla. 4th DCA 1983), rev. denied, 438 So. 2d 832 (Fla.1983) (trustee and beneficiary was entitled to temporary injunction to prevent removal of assets when he was unable to obtain reliable accounting of trust’s liquid assets); In re Wickman's Will,…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw