CITY NATIONAL BANK OF MIAMI, AS TRUSTEE UNDER LAND TRUST NO. 5008303; I.R.E. ADVISORS SERIES 25 CORP., AS MANAGING GENERAL PARTNER OF I.R.E. REAL ESTATE FUND LTD. SERIES 25 I.R.E. ADVISORS SERIES 26 CORP., AS MANAGING GENERAL PARTNER OF I.R.E. REAL ESTATE FUND LTD. SERIES 26; AND ALAN B. LEVAN, AS GENERAL PARTNER OF I.R.E. REAL ESTATE FUND LTD. SERIES 25 AND I.R.E. REAL ESTATE FUND SERIES 26, APPELLANTS/APPELLEES,
v.
CENTRUST SAVINGS BANK, APPELLEE/APPELLANT
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PER CURIAM.
Affirmed.
PER CURIAM.
The petition for rehearing filed by Cen-trust in this appeal is hereby granted. The amount of the bond fixes the amount of damages that can be recovered for wrongful injunction. See Broome v. Hattiesburg Building and Trades Council, 206 So. 2d 184 (Miss.1967); R.A. Vorhof Construction Co. v. Black Jack Fire Protection District, 454 S.W. 2d 588 (Ct.App.Mo.1970); Wyoming Bancorporation v. Bonham, 563 P. 2d 1382 (Wyo.1977); compare Travelers Indemnity Company v. Askew, 280 So. 2d 469 (Fla. 1st DCA 1973); Florida Transportation Co. v. Dixie Sightseeing Tours, Inc., 139 So. 2d 175 (Fla. 3d DCA 1962). Therefore, this matter is returned to the trial court with directions to strike from the order of July 28, 1987, the following:
“The amount of this bond is not intended to and shall not limit the right of Defendants to recover damages in excess of $100,000.00 against Plaintiff in the event it is subsequently determined that the injunction was wrongfully issued or in the event Defendants suffer damages in excess of that amount for which damages are caused by the placement of the Centrust signs on the New World Tower and the injunction which prohibits its removal.”
This is without prejudice to the trial court entertaining a motion at any time to increase the amount of the bond in light of this order.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Parker Tampa TWO, Inc. v. Somerset Dev. Corp., 544 So. 2d 1018 (Fla. 1989)…y trial on damages. Though the rule and statute are silent as to whether liability is limited to the bond amount, two state district courts have addressed the issue and both have followed the majority view. City Nat’l Bank v. Centrust Savings Bank, 530 So. 2d 317 (Fla. 3d DCA 1988); Parker Tampa Two. We too adopt the majority view and limit liability to the bond amount where the injunction is obtained in good faith. When a court initially sets an injunction bond, this constitutes the court’s determination o…
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FU Sheng Indus. Co., Ltd. v. T/F Sys., Inc., 690 So. 2d 617 (Fla. 4th DCA 1997)…preme court stated: Though the rule and statute are silent as to whether liability is limited to the bond amount, two state district courts have addressed the issue and both have followed the majority view. City Nat’l Bank v. Centrust Savings Bank, 530 So. 2d 317 (Fla. 3rd DCA 1988); Parker Tampa Two. We too adopt the majority view and limit liability to the bond amount where the injunction is obtained in good faith. When a court initially sets an injunction bond, this constitutes the court’s determination…
Authorities Cited
- Fla. Transp. Co. v. Dixie Sightseeing Tours, Inc., 139 So. 2d 175 (Fla. 3d DCA 1962)
- The Travelers Indem. Co. v. Reubin O'D. Askew, 280 So. 2d 469 (Fla. 1st DCA 1973)