DALE K. EHRHART, LOIS LEE BINDER, NANCY L. BUELL, ARTHUR R. CREECH, ANGELA DABBERT, JOHN S. DOMENICO, EMILY FIMMANO, MICHAEL T. HARTLEY, GAIL R. KAHN, KORRI MATICKA, THOMAS B. TRAMMELL, AND REBECCA R. WRIGHT, APPELLANTS,
v.
RAYMOND JAMES AND ASSOCIATES, INC., A FLORIDA CORPORATION, APPELLEE
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The court held that a claim for wrongful issuance of a temporary injunction is not resolved by arbitration of the underlying cause of action if the injunction damages were not submitted to arbitration.
Defendants appeal the dismissal of their claim for damages from a wrongfully issued temporary injunction. The trial court dissolved the injunction bec…
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LEHAN, Judge.
Defendants, against whom a temporary injunction was issued and then dissolved, appeal from the trial court’s dismissal of their claim for damages for the wrongful issuance of the injunction. We reverse.
The temporary injunction was dissolved by the trial court because the cause of action forming the basis for the lawsuit in which the temporary injunction was issued was subject to arbitration. Thereafter that cause of action was arbitrated, an arbitration award was entered against appellee, and the award was satisfied. We cannot agree with the trial court that defendants’ claim for wrongful issuance of the temporary injunction had thereby been resolved.
City of Gainesville v. Island Creek Coal Sales Co., 618 F.Supp. 513 (N.D.Fla.1984), upon which appellee relies as holding to the effect that a completed arbitration proceeding precludes subsequent litigation involving the matter arbitrated, is distinguishable. In that case it was determined that all matters “necessary to the judgment of the arbitration panel” were deemed resolved by the arbitration. Id. at 518. On the other hand, in this case the matter of defendants’ claim for wrongful issuance of the injunction was not necessary to the judgment of the arbitration panel. Indeed, we understand from the responses to our inquiry at oral argument that the arbitrators refused to receive particular evidence offered regarding damages from the issuance of the injunction and stated that it was defendant’s prerogative to go back to the trial court with the claim for those damages.
Matters not arbitrated and not permitted to be submitted to arbitration are not resolved by the arbitration. See Deeb v. Board of Public Instruction, 208 So. 2d 460 (Fla. 1st DCA 1968).
REVERSED AND REMANDED FOR PROCEEDINGS NOT INCONSISTENT HEREWITH.
SCHEB, A.C.J., and HALL, J., concur.
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CAP Constr., Inc. v. TGSV Constr., Inc., 698 So. 2d 1299 (Fla. 3d DCA 1997)…priate exercise of the trial court’s discretion, see NEC Electronics, Inc. v. VG Sales Co., 655 So. 2d 1146 (Fla. 4th DCA 1995); Air Conditioning Equip. Inc. v. Rogers, 551 So. 2d 554 (Fla. 4th DCA 1989); see also Ehrhart v. Raymond James & Assocs., 536 So. 2d 1178 (Fla. 2d DCA 1989), and — although we need not directly so hold— may even have been required as a matter of law. See Martinez v. Marin, — So. 2d -, 1997. WL 620202 (Fla. 3d DCA Case no. 96-3219, opinion filed, July 30, 1997)[22 FLW D1847](holding th…
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Goslin v. Glenfed Brokerage Servs., 683 So. 2d 620 (Fla. 2d DCA 1996)…of Treasure Island v. Provident Management Corp., 678 So. 2d 1322 (Fla. 2d DCA 1996). This case does not present a record from which we can further articulate the standard for damages under the Aetna bond. In Ehrhart v. Raymond James & Associates, 536 So. 2d 1178 (Fla. 2d DCA 1989), this court reversed a similar order and remanded for further proceedings. In light of the absence of any meaningful hearing on this issue in the trial court, we conclude that this remedy is appropriate in this case as well. Reve…
Authorities Cited
- Deeb, Inc. v. The Bd. OF Pub. Instruction OF Columbia Cnty., 208 So. 2d 460 (Fla. 1st DCA 1968)
- City of Gainesville v. Island Creek Coal Sales Co., 618 F. Supp. 513 (N.D. Fla. 1984)