MILTON LEE HALE AND AMELEE G. HALE, HIS WIFE, APPELLANTS,
v.
MIRACLE ENTERPRISES CORPORATION AND STANLEY S. DAVIDSON, AS ITS SUCCESSOR IN INTEREST, APPELLEES
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The Hales appealed a trial court's 1980 injunction enforcing a 15-foot easement held by Miracle Enterprises, claiming the court lacked jurisdiction and was barred by res judicata from expanding the injunction's terms. The court held that because permanent injunctions remain in effect indefinitely, courts retain inherent jurisdiction to modify injunctions when circumstances change, and the original terms cannot bind subsequent modifications under res judicata.
A court retains inherent jurisdiction to modify, limit, restrict, or expand the terms of a permanent injunction when changed circumstances warrant such action. The terms of an initial injunction cannot bind a subsequent determination under res judicata because injunctive relief must be confined to what is required by existing circumstances.
[1] A court retains jurisdiction to modify a permanent injunction when changed circumstances make it equitable to do so.
[2] The terms of an injunction are subject to alteration when the conditions upon which they were based change.
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Join FLexlaw to unlock all legal intelligence“because permanent injunctions are open ended and remain indefinitely in effect, a court necessarily retains jurisdiction to modify an injunctive order whenever changed circumstances make it equitable to do so”
Establishes the core holding that courts have inherent jurisdiction to modify permanent injunctions
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Join FLexlaw to unlock all legal intelligenceThe trial court entered an injunction in 1980 enforcing a 15-foot easement that Miracle Enterprises held over the Hales' property. Subsequently, the t…
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SCHWARTZ, Chief Judge.
The appellants, the Hales, claim that the trial court lacked jurisdiction and was barred by the doctrine of res judicata from expanding the terms of a 1980 injunction it had entered enforcing the appellees’ 15 foot easement over the Hales’ property.1 We do not agree.
It is well settled that (a) because permanent injunctions are open ended and remain indefinitely in effect, a court necessarily retains jurisdiction to modify an in-junctive order whenever changed circumstances make it equitable to do so, United States v. Swift & Co., 286 U.S. 106, 52 S.Ct. 460, 76 L.Ed. 999 (1932); Seaboard Rendering Co. v. Conlon, 152 Fla. 723, 12 So. 2d 882 (1943); Jackson Grain Co. v. Lee, 150 Fla. 232, 7 So. 2d 143 (1942), and (b) since the terms of an injunction must be confined to that required by their existing circumstances to enforce the particular right asserted, see 29 FlaJur.2d Injunctions §§ 11-12 (1981), those terms are obviously subject to alteration when those conditions change. The terms of any initial injunction, based upon the circumstances which then prevail, cannot therefore bind a subsequent determination of the appropriate extent of the injunction under the doctrine of res judicata. System Fed. No. 91 Ry. Employes' Dep’t v. Wright, 364 U.S. 642, 81 S.Ct. 368, 5 L.Ed.2d 349 (1961); Jackson, 150 Fla. at 237, 7 So. 2d at 146 (court has inherent power to open or modify an injunction when change in circumstances occurs after decree is rendered); Town of Durham v. Cutter, 121 N.H. 243, 428 A. 2d 904 (1981); Note, Developments in the Law — Injunctions, 78 Harv.L.Rev. 994 (1965).
In accordance with these principles, there is no doubt that, when changed conditions warrant,2 the trial court has juridical authority to exercise its discretion either to limit or restrict an existing injunction, see Seaboard Rendering Co., 152 Fla. at 725, 12 So. 2d at 883 — or, as in this instance, to grant additional relief by enlarging or supplementing its terms. Scott v. Young, 307 F.Supp. 1005 (E.D.Va.1969), aff'd, 421 F. 2d 143 (4th Cir.1970), cert. denied, 398 U.S. 929, 90 S.Ct. 1820, 26 L.Ed.2d 91 (1970); Koch Eng’g Co. v. Faulconer, 227 Kan. 813, 610 P. 2d 1094 (1980); see Milk Wagon Drivers Union Local 753 v. Meadowmoor Dairies, Inc., 312 U.S. 287, 61 S.Ct. 552, 85 L.Ed. 836 (1941); Movie Sys., Inc. v. Mad Minneapolis Audio Distribs., 717 F. 2d 427 (8th Cir.1983); Note, supra, at 1083. The latter rule has particular pertinence to this case in light of the rule that the implementation of easements should be confined to its most restrictive application, but may be expanded “[a]s the passage of time creates new needs and the uses of property change.” Cameron v. Barton, 272 S.W. 2d 40, 41 (Ky.1954); Bard Ranch Co. v. Weber, 557 P. 2d 722 (Wyo.1976); Dep’t of Transp. v. Smith, 100 Ill.App.3d 814, 56 Ill.Dec. 303, 427 N.E. 2d 383 (1981).
Affirmed.
. Since the hearing which resulted in the order now under review has not been transcribed or otherwise presented for our consideration, the appellants do not and cannot, Applegate v. Barnett Bank, 377 So. 2d 1150 (Fla.1979), challenge the substantive propriety of the order or the sufficiency of the evidence to support it.
. It must be assumed that such a change occurred in this case. See supra note 1.
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MJR Minton, LLC v. Long Doggers Eateries, 251 So. 3d 348 (Fla. 5th DCA 2018)
Authorities Cited (11 total)
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- United States v. Swift & Co., 286 U.S. 106 (U.S. 1932)
- Sys. Fed'n NO. 91, Ry. Employes' Dep't, AFL-CIO v. Wright, 364 U.S. 642 (U.S. 1961)
- Milk Wagon Drivers Union OF Chicago v. Meadowmoor Dairies, Inc., 312 U.S. 287 (U.S. 1941)
- Young v. Scott, 398 U.S. 929 (U.S. 1970)
- Seaboard Rendering Co. v. Conlon, 152 Fla. 723 (Fla. 1943)
- Jackson Grain Co. v. LEE, 150 Fla. 232 (Fla. 1942)
- MJR Minton, LLC v. Long Doggers Eateries, 251 So. 3d 348 (Fla. 5th DCA 2018)
- Ada M. Scott v. Young, 421 F.2d 143 (4th Cir. 1970)