DENISE RICHARDSON, A/K/A DENISE S. RICHARDSON, APPELLANT,
v.
DONALD GRAHAM UPCHURCH, APPELLEE

Fla. 2d DCA | 1984-07-13
No. 84-435
GRIMES and CAMPBELL, JJ., concur.
452 So. 2d 1117 Florida District Court of Appeal, Second District (1984) Caution
Cited by 8 cases


Opinion of the Court
HOBSON, Acting Chief Judge.

HOBSON, Acting Chief Judge.

This is an interlocutory” appeal from an order granting a preliminary injunction brought pursuant to Rule of Appellate Procedure 9.130(a)(3)(B). We affirm in part and reverse in part.

We agree with appellant’s contention that the trial court erred in granting the preliminary injunction because the injunction was not conditioned on appellee’s posting of a bond pursuant to Florida Rule of Civil Procedure 1.610(c). Accordingly, we reverse and remand to the trial court for determination and imposition of an appropriate bond amount. See Meinstein v. Travel Etc., Inc., 442 So. 2d 1085 (Fla. 3d DCA 1983). See also Conway Meats, Inc. v. Orange Avenue Partnership, 440 So. 2d 674 (Fla. 1st DCA 1983). In all other respects, the order granting the preliminary injunction is affirmed.

AFFIRMED in PART, REVERSED in PART, and REMANDED.

GRIMES and CAMPBELL, JJ., concur.


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  • …njunction bond because it is irrelevant to the projection of their potential costs and damages. A trial court must require the movant to post an injunction bond before it enters a temporary injunction. Fla.R.Civ.P. 1.610(b); Richardson v. Upchurch, 452 So. 2d 1117 (Fla. 2d DCA 1984). The purpose of this bond is to provide a sufficient fund in order to cover the adverse party’s costs and damages if the injunction is wrongfully issued. Gaeta Cromwell, Inc., v. Banyan Lakes Village, 523 So. 2d 624 (Fla. 4th DCA)…
  • Dejong v. Dejong, 572 So. 2d 11 (Fla. 2d DCA 1990)
    …e posting of a bond by the wife. This failure to comply with the requirements of rule 1.610 requires reversal. See Wasserman v. Gulf Health, Inc., 512 So. 2d 234 (Fla. 2d DCA 1987), review denied, 518 So. 2d 1279 (Fla.1987); Richardson v. Up-church, 452 So. 2d 1117 (Fla. 2d DCA 1984); and Hathcock v. Hathcock, 533 So. 2d 802 (Fla. 1st DCA 1988), review denied, 542 So. 2d 1333 (Fla. 1989). Accordingly, we reverse and remand for correction of the order to comply with rule 1.610. RYDER, A.C.J., and DANAHY, J.…
  • Simpson v. Simpson, 524 So. 2d 1124 (Fla. 5th DCA 1988)
    …enied, 374 So. 2d 99 (Fla.1979). . Minimatic Components, Inc. v. Westinghouse Electric Corporation, 494 So. 2d 303 (Fla. 4th DCA 1986). . Conway Meats, Inc. v. Orange Ave. Partnership, 440 So. 2d 674 (Fla. 1st DCA 1983). . Richardson v. Upchurch, 452 So. 2d 1117 (Fla. 2d DCA 1984). See also Meinstein v. Travel Etc., Inc., 442 So. 2d 1085 (Fla. 3d DCA 1983). . Injunctive Relief in Florida, 4 U.Fla.L.Rev. 571, 611 (1951). . Levy v. Gourmet Masters, Inc., 214 So. 2d 82 (Fla. 3d DCA 1968). .This quashal cons…

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