PATRICIA M. BERGMAN, APPELLANT,
v.
RICHARD H. BERGMAN, APPELLEE
PATRICIA M. BERGMAN, APPELLANT,
RICHARD H. BERGMAN, APPELLEE
434 So. 2d 1037
Florida District Court of Appeal, Third District (1983)
Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.
The so-called “temporary restraining order” entered below, which prohibited the appellant-mother from removing the parties’ child from Florida, was not supported by any competent evidence entitling the father to that relief and is therefore reversed.
1. Notwithstanding its title, since the order was entered after notice and hearing, we regard it as a preliminary injunction, see United Sanitation Services of Hillsborough, Inc. v. City of Tampa, 302 So. 2d 435 (Fla. 2d DCA 1974) and review it pursuant to Fla.R.App. 9.130(a)(3)(B).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cook v. Voth, 522 So. 2d 899 (Fla. 2d DCA 1988)…ror in the trial court’s denial of the motion and reverse. There is no showing that Voth’s visitation rights will be impaired by Cook’s prospective move to Collier County. Foss v. Foss, 392 So. 2d 606 (Fla. 3d DCA 1981). See also Bergman v. Bergman, 434 So. 2d 1037 (Fla. 3d DCA 1983). On the contrary, the record discloses that Cook has made every attempt to ensure and facilitate Voth’s visitation privileges, and has expressed her intention to continue to do so after the move. There is also no express limitati…
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Hinsley v. Whited, 623 So. 2d 611 (Fla. 5th DCA 1993)…tered on 6 April 1992 and of the court order continuing the injunction on 26 September 1992. An injunction prohibiting the removal of a child will be reversed if the trial court does not support the order with competent evidence. Bergman v. Bergman, 434 So. 2d 1037, 1038 (Fla. 3d DCA 1983). Additionally, an injunction will be reversed if the posting of a bond is not provided for or if reasons are not given for waiving this requirement. E.g., Layne & Brill, P.A. v. Brill, 453 So. 2d 890 (Fla. 3d DCA 1984); Crow…
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Atsuko Naoe Cory v. Cory, 476 So. 2d 1298 (Fla. 3d DCA 1985)…as to the best interests of the child with whose welfare it was charged”). In the event of an abuse of discretion with regard to any conditions imposed, this court would be available to remedy the abuse upon a proper record. See Bergman v. Bergman, 434 So. 2d 1037 (Fla. 3d DCA 1983). Accordingly, I would affirm the order under review in all respects. . To clarify the situation, it should be noted that Mrs. Cory’s motion only asks for rescission of a previous order which required the parties to petition the…
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- United Sanitation Servs. OF Hillsborough, Inc. v. City OF Tampa, 302 So. 2d 435 (Fla. 2d DCA 1974)