COUNTY OF ORANGE, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLANT,
v.
ROBERT N. WEBSTER, IN HIS INDIVIDUAL CAPACITY, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Orange County appeals a temporary injunction granted to an elector challenging a newly passed Charter. The court vacated the injunction, finding that the movant failed to comply with procedural requirements for obtaining an ex parte temporary injunction under Florida Rule of Civil Procedure 1.610.
The temporary injunction was legally insufficient and must be vacated. Webster failed to allege specific facts showing immediate and irreparable injury before the County could be heard, failed to allege efforts to notify the County or reasons why notice should be waived, and thus did not comply with the mandatory requirements of Rule 1.610(a).
[1] A temporary injunction may be granted without notice only if the movant demonstrates immediate and irreparable injury before the adverse party can be heard, certifies eff…
[2] A party seeking a temporary injunction without notice must allege specific facts showing immediate and irreparable injury, loss, or damage, not merely conclusory statemen…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A temporary injunction may be granted without written or oral notice to the adverse party only if: (A) it appears from the specific facts shown by affidavit or verified pleading that immediate and irreparable injury, loss or damage will result to the movant before the adverse party can be heard in opposition; and (B) the movant's attorney certifies in writing any efforts that have been made to give notice; and (C) the reasons why notice should not be required.”
Establishes the three mandatory requirements for obtaining an ex parte temporary injunction under Florida procedure.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWebster, an elector of Orange County, filed a complaint for injunction and declaratory relief on January 5, 1987, seeking to invalidate the County's n…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Temporary Injunction Without Notice cases and more on FLexlaw
COBB, Judge.
Orange County appeals from a nonfinal order granting Webster’s (an elector of Orange County, Florida) motion for temporary injunction against “taking any actions to create a Charter Form of government for Orange County, Florida,” and “spending any money to do so until Webster’s suit to have the newly passed Charter for Orange County declared invalid was heard and disposed of.” We agreed to hear this appeal on an expedited basis. Based on the appendices and briefs filed in this case, we vacate the temporary injunction. See Torok v. Blue Skies Mobile Home Owners Association, Inc., 467 So. 2d 474 (Fla. 5th DCA 1985).
Webster filed a complaint for injunction and declaratory relief and a motion for a temporary injunction on January 5, 1987. An amended verified motion was filed on January 8, 1987, adding language concerning irreparable injury. The temporary injunction was granted on January 8, 1987, without notice to Orange County. Service of the initial complaint was not made until two-and-one-half hours after the injunction was entered.
Since the appellant chose direct appellate review rather than the filing of a motion to dissolve the injunction below,1 our review is limited to the legal sufficiency of the complaint and supporting affidavits which form the basis for its entry. Hotel-Motel Restaurant Employees & Bartenders Union, Local 339 of Broward County v. Black Angus of Lauderhill, Inc., 290 So. 2d 479 (Fla.1974); Acquafredda v. Messina, 408 So. 2d 828 (Fla. 5th DCA 1982).
Florida Rule of Civil Procedure 1.610(a) provides:
(a) Temporary Injunction.
(a) A temporary injunction may be granted without written or oral notice to the adverse party only if:
(A) it appears from the specific facts shown by affidavit or verified pleading that immediate and irreparable injury, loss or damage will result to the movant before the adverse party can be heard in opposition; and (B) the movant’s attorney certifies in writing any efforts that have been made to give notice; and (C) the reasons why notice should not be required.
(2) No evidence other than the affidavit or verified pleading shall be used to support the application for a temporary injunction unless the adverse party appears at the hearing or has received reasonable notice of the hearing. Every temporary injunction granted without notice shall be endorsed with the date and hour of entry and shall be filed forthwith in the clerk’s office and shall define the injury, state findings by the court why the injury may be irreparable and give the reasons why the order was granted without notice if notice was not given. The temporary injunction shall remain in effect until the further order of the court.
Webster failed to allege any specific facts below to establish that immediate and irreparable injury, loss or damage would result before the County could be heard in opposition to his motion. Indeed, Webster only alleges irreparable injury in a conclu-sory fashion, without any mention of the injury occurring before notice can be given. Additionally, Webster’s pleadings fail to show any allegations of attempts to notify the County or any reasons why notice should not be required.
Based on the appellee’s total failure to comply with Florida Rule of Civil Procedure 1.610, we find the complaint and motion below legally insufficient to allow for the granting of an injunction without notice, and, accordingly, reverse the order granting the temporary injunction and remand for a noticed hearing.2
REVERSED and REMANDED.
UPCHURCH, C.J., and DAUKSCH, J., concur. . Florida Rule of Civil Procedure 1.610(d) provides:
(d) Motion to Dissolve. A party against whom a temporary injunction has been granted may move to dissolve or modify it at any time. If a party moves to dissolve or modify, the motion shall be heard within 5 days after the movant applies for a hearing on the motion.
. While not necessary for determination of the limited issue before us on this appeal, we note that the trial court’s order does not comply with Rule 1.610(a)(2) by failing to define the injury, state findings why the injury may be irreparable, and give reasons why the order was granted without notice. The court also failed to comply with the mandatory bond provision of Rule 1.610(b). See Torok v. Blue Skies Mobile Home Owners Association, Inc., 467 So. 2d 474 (Fla. 5th DCA 1985).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Yardley v. Ina Marie Albu, 826 So. 2d 467 (Fla. 5th DCA 2002)…he complaint, and any supporting documents. High Sch. Activities Ass’n, Inc. v. Marsonek, 805 So. 2d 868 (Fla. 2d DCA 2001); United Farm Workers of Am., AFL-CIO v. Quincy Corp., 681 So. 2d 773 (Fla. 1st DCA 1996); County of Orange v. Webster, [*470] 503 So. 2d 988 (Fla. 5th DCA 1987). Having discussed the applicable standard of review, we may now address the issue before us. The issuance of a preliminary injunction is an extraordinary remedy which should be granted sparingly. City of Or-mond Beach v. City of…
-
Christine Thomas, M.D. v. Osler Med., Inc., 963 So. 2d 896 (Fla. 5th DCA 2007)…s v. Sunbelt Rentals, Inc., 949 So. 2d 1114, 1115 (Fla. 2d DCA 2007) (citing Fla. High Sch. Activities Ass’n v. Marsonek, 805 So. 2d 868, 869 (Fla. 2d DCA 2001)); Kailin Hu v. Haitian Hu, 942 So. 2d 992 (Fla. 5th DCA 2006); Orange County v. Webster, 503 So. 2d 988 (Fla. 5th DCA 1987). Hence, the appellate court may not address the factual basis for issuance of the injunction. Black Angus; Lewis. In such instances, a motion to dissolve and an evidentiary hearing are necessary to make a factual record that an a…
-
United Farm Workers OF Am., AFL-CIO v. Quincy Corp., 681 So. 2d 773 (Fla. 1st DCA 1996)…as granted without notice, if notice was not given; and why the bond requirement of Rule 1.610, Florida Rules of Civil Procedure, was waived. Scope of Review As a threshold issue, appellee suggests, on the authority of County of Orange v. Webster, 503 So. 2d 988 (Fla. 5th DCA 1987), that our review in this ease is limited to a review of the legal sufficiency of the [*776] complaint and the supporting affidavits which form the basis of the injunction. We agree with appellee that the standard of review in a d…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Acquafredda v. Messina, 408 So. 2d 828 (Fla. 5th DCA 1982)
- THE Florida BAR v. Stamathis, 290 So. 2d 479 (Fla. 1974)
- Hotel-Motel v. Black Angus OF Lauderhill, Inc., 290 So. 2d 479 (Fla. 1974)
- Torok v. Blue Skies Mobile Home Owners Ass'n, Inc., 467 So. 2d 474 (Fla. 5th DCA 1985)