ANTHONY T. DERITIS, AND BARBARA A. DERITIS, HIS WIFE, APPELLANTS,
v.
AHZ CORPORATION, ETC., ET AL., APPELLEES

Fla. 4th DCA | 1984-02-01
No. 83-1365
DOWNEY and WALDEN, JJ., concur.
444 So. 2d 93 Florida District Court of Appeal, Fourth District (1984) Positive Treatment
Cited by 18 cases

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Holding

The court held that while a temporary injunction was proper, its language must be made more specific and relate to the actual activities involved to avoid vagueness and ensure compliance.


Headnotes

[1] An injunctive order must be adequately particularized, confined within reasonable limitations, and phrased in such language that it can with definiteness be complied with…

[2] A temporary injunction may be a proper remedy when the alleged tortious harm to a business interest is so urgent that damages are estimable only by conjecture.

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Facts & Procedural History

A condominium developer sought to enjoin purchasers from displaying 'lemon' signs and informing prospective customers about alleged construction defec…

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Opinion of the Court
GLICKSTEIN, Judge.

GLICKSTEIN, Judge.

This is an appeal from a non-final order, resulting from a dispute between a condominium developer and its dissatisfied investors/purchasers; the parties made legitimate attempts to settle their differences by negotiation but could not resolve the problem. Briefly, the developer/appellee was willing to repurchase the apartment, or reimburse appellants $3,000.00 for extras or submit the dispute to arbitration. Appellants rejected all of the foregoing and demanded a profit of $12,000.00 on their new apartment, which the developer similarly rejected.

The dispute in litigation between the parties is not the one a heavily cluttered judicial system would expect to resolve; namely, the quality of construction by the developer or lack thereof and resulting damages to the purchasers. Instead, the system has been called upon, not by the purchasers for relief from inadequate construction, but by the developer to enjoin the purchasers from (a) displaying what is generally associated with car dealers; namely, pictures of lemons, and (b) informing the developers’s prospective customers of the alleged shabby construction of the purchasers’ condomini um. The trial court’s order being appealed recites:

“That the application for temporary injunction be and the same hereby is granted and the defendants, ANTHONY T. DeRITIS and BARBARA A. DeRITIS, his wife, be and they hereby are narrowly enjoined from libelling and slandering the Plaintiff, AHZ CORPORATION, et al., (See Wolf vs. Gold [9 A.D.2d 257] 193 NYS2d 36 Sup Ct.App.Div.1959) and are narrowly enjoined from placing signs of any character in their windows of their home or vehicles and are hereby ordered to remove any signs of any character from their home or vehicles forthwith.”

There was authority in the condominium documents for the regulation of signs on the property; so the elimination of the lemons is not being appealed. What appellants claim to be error are (a) the order’s vague and indefinite restriction upon their freedom of speech and (b) the improper use of injunction when there is an existing remedy; namely, damages.

We believe — notwithstanding our frustration over seeing the judicial system involved in unnecessary disputatiousness and contentiousness rather than resolution of the underlying dispute — that the language of the injunction has to be made more specific and must relate to the activities involved. The following language in Florida Peach Orchards, Inc. v. State, 190 So. 2d 796, 798 (Fla. 1st DCA 1966) is instructive:

An injunctive order should never be broader than is necessary to secure to the injured party, without injustice to the adversary, relief warranted by the circumstances of the particular case. Moore v. City Dry Cleaners & Laundry, Fla.1949, 41 So. 2d 865; and Seaboard Rendering Co. v. Conlon, 1942, 152 Fla. 723, 12 So. 2d 882. An injunctive order should be adequately particularized, especially where some activities may be permissible and proper. Moore v. City Dry Cleaners & Laundry, supra. Such an order should be confined within reasonable limitations and phrased in such language that it can with definiteness be complied with, and one against whom the order is directed should not be left in doubt as to what he is required to do. Pizio v. Babcock, Fla.1954, 76 So. 2d 654.

An example of approved specificity is found in Azar v. Lehigh Corp., 364 So. 2d 860 (Fla. 2d DCA 1978). The trial judge rather than we should frame the language of the injunction, taking into consideration what the record reflects of the purchasers’ conduct in addition to the lemonizing. We remand in order for him to do so.

As for appellants’ second point, we conclude that injunction is a proper remedy. First, the trial court had broad discretion to issue a temporary injunction. In Azar, supra, our companion court approved a temporary injunction against a former Lehigh Corporation employee, who was temporarily restrained from directly or indirectly contacting actual or potential Le-high property customers at the Lehigh motel, where the customers were guests, or at the Lehigh sales offices. The former employee had been following such customers to their rooms at the motel and persuading them to abandon deals with Lehigh and purchase from him at a lower price. While Azar differs from the present case because the ex-employee was now in competition with Lehigh whereas the Deritises are buyers, the essence of both cases is interference, via speech, with a present or prospective business relationship. Azar can properly be considered as authority for an injunction in the present case.

Moreover, the trial judge — given the urgency of the situation precipitated by the signs and the approaching of customers— may have concluded that the catastrophic effect about which the developer testified made damages estimable by conjecture rather than by any accurate standard. This additional aspect would be a second, recognized basis for affirmance. See Liza Danielle, Inc. v. Jamko, Inc., 408 So. 2d 735, 738-739 (Fla. 3d DCA 1982). As for eases from other jurisdictions, discussing the principle that prior restraint of speech is permissible when the right of free speech is used as a shield for tortious harm, as to a business interest, see Mazzocone v. Willing, 246 Pa.Super. 98, 369 A. 2d 829 (1976); West Willow Realty Corp v. Taylor, 23 Misc.2d 867, 198 N.Y.S.2d 196 (Sup.Ct.1960); Wolf v. Gold, 9 A.D.2d 257, 193 N.Y.S.2d 36 (1959); aff’d, 18 A.D.2d 987, 238 N.Y.S.2d 473 (1963).

In sum, we do not disturb the issuance of the injunction as to the signs, there being no appeal therefrom; and we remand only for clarification of that portion thereof which restrains other conduct of appellants which appears in the record.

DOWNEY and WALDEN, JJ., concur.


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Cited By

  • Zimmerman v. D.C.A. AT Welleby, Inc., 505 So. 2d 1371 (Fla. 4th DCA 1987)
    …nction that is made concerns any communication which is defamatory but which is uttered or published incident to another tort. Defamatory words uttered in aid of another tort are said to constitute “verbal acts.” This court, in DeRitis v. AHZ Corp., 444 So. 2d 93 (Fla. 4th DCA 1984), relied upon this distinction in affirming the issuance of a temporary injunction, although remanding with instructions to narrow the prohibitions of the order imposing the injunction. That case involved signs and other forms of…
    1 / 2
  • Chevaldina v. R.K./FL Mgmt., Inc., 133 So. 3d 1086 (Fla. 3d DCA 2014)
    …the appellees.4 Additionally, the injunction is overly broad. An injunction should never be broader than is necessary to secure to the injured party relief warranted by the circumstances involved in the particular case. E.g., DeRitis v. AHZ Corp., 444 So. 2d 93, 94 (Fla. 4th DCA 1984) (quoting Fla. Peach Orchards, Inc. v. State, 190 So. 2d 796, 798 (Fla. 1st DCA 1966)). Entry of an overly broad injunction can constitute a violation of the First Amendment. See, e.g., Animal Rights Found. of Fla., Inc. v. Si…
  • William O. Murtagh, M.D. v. Hurley, 40 So. 3d 62 (Fla. 2d DCA 2010)
    …provides such an exception to the general prohibition against injunctive relief. Murphy, 176 So. 2d at 925-26. This exception was applied by the Fourth District in Zimmerman, which is factually analogous to this case. See also DeRitis v. AHZ Corp., 444 So. 2d 93, 94 (Fla. 4th DCA 1984) (holding that an injunction was the proper remedy in cases alleging interference “with a present or prospective business relationship”); Wolf v. Gold, 9 A.D.2d 257, 193 N.Y.S.2d 36, 38 (N.Y.App.Div.1959) (“If it appears, as a…

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