LEE A. RAY AND NANCY J. RAY, HIS WIFE, APPELLANTS,
v.
CHARLES F. KEHOE AND PHYLISS KEHOE, HIS WIFE, APPELLEES

Fla. 4th DCA | 1984-04-04
No. 83-2131
LETTS, DELL and WALDEN, JJ., concur.
447 So. 2d 1038 Florida District Court of Appeal, Fourth District (1984) Positive Treatment
Cited by 7 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This interlocutory appeal challenges the issuance of a preliminary injunction without bond.

Since appellants have failed to establish that the trial court erred with regard to the issuance of the preliminary injunction, we will uphold its issuance. However, the trial court should have required a bond pursuant to Florida Rule of Civil Procedure 1.610(c) which provides that

[n]o restraining order or preliminary injunction shall be entered unless a bond is given by the movant in an amount the court deems proper, conditioned for the payment of costs and damages sustained by the adverse party if the adverse party is wrongfully enjoined or restrained.

Accordingly, we reverse and remand with directions to the trial court to require a bond in an amount it deems proper. AFFIRMED IN PART: REVERSED IN PART and REMANDED.

LETTS, DELL and WALDEN, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Gibraltar Serv. Corp. v. Lone & Assocs., Inc., 488 So. 2d 582 (Fla. 4th DCA 1986)
    …in the mail on the same day that the clerk entered the default, the default should be set aside. ANSTEAD, J., concurs. DELL, J., concurs specially with opinion. . To support their reasoning above, appellants cite Crowder v. Oroweat Foods Company, 447 So. 2d 1038 (Fla. 2d DCA 1984), Florida Rule of Civil Procedure 1.090(e) and Trawick’s Florida Practice and Procedure § 8-23. The Oroweat citation must be for the principle that if a responsive pleading has been served before the default has been entered, the d…
  • Freeman v. Al Mintz, 523 So. 2d 606 (Fla. 3d DCA 1988)
    …counterclaim for foreclosure. We reverse. The record shows that the answer to the counterclaim had been filed before the court heard Mintz’s motion for a default judgment. A judgment for default was therefore improper. Crowder v. Oroweat Foods Co., 447 So. 2d 1038 (Fla. 2d DCA 1984) (where answer was served before default was entered default judgment was improper); Fla.R.Civ.P. 1.500(c) (“A party may plead or otherwise defend at any time before default is entered.”). The order granting Coldwell Banker’s moti…
  • EGF Tampa Assocs. v. Bohlen, 532 So. 2d 1318 (Fla. 2d DCA 1988)
    …entered. Fla.RXiv.P. 1.500(c); Chester, Blackburn & Roder, Inc. v. Marchese, 383 So. 2d 734 (Fla. 3d DCA 1980); Freedman v. Freedman, 235 So. 2d 544 (Fla. 3d DCA 1970), cert. denied, 241 So. 2d 859 (Fla.1970). See also Crowder v. Oroweat Foods Co., 447 So. 2d 1038 (Fla. 2d DCA 1984).…

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