HILLSBOROUGH AREA REGIONAL TRANSIT AUTHORITY
v.
METROPOLITAN SYSTEMS, INC., ET AL
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This case involves an appeal of a trial court's injunction. The appellate court found one paragraph of the injunction to be overbroad and reversed that specific part, while affirming the rest of the injunction.
The appellate court held that paragraph 2.a. of the injunction was overbroad because it did not describe the restrained acts in reasonable detail. Therefore, this specific part of the injunction was reversed.
[1] An injunction provision must strictly comply with Florida Rule of Civil Procedure 1.610(c) by describing in reasonable detail the specific acts restrained without referen…
Previewing 1 of 1 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“The parties concede, and we agree, that paragraph "2.a." of the injunction, which prohibits Signal and HART from "interfering with Metro's priority right to install advertising benches in the unincorporated area of Hillsborough County," is overbroad; it fails to furnish "in reasonable detail the act or acts restrained."”
Establishes the court's agreement that a specific part of the injunction was overbroad.
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Join FLexlaw to unlock all legal intelligenceSignal Outdoor Advertising, LLC, and the Hillsborough Area Regional Transit Authority (HART) appealed a trial court's injunction granted in favor of M…
The full statement of facts, procedural history, and disposition for this case are member content.
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Metropolitan Systems, Inc. LaROSE, Judge. Signal Outdoor Advertising, LLC, and the Hillsborough Area Regional Transit Authority (HART) appeal the trial court's injunction entered in favor of Metropolitan Systems, Inc. We have jurisdiction. See Fla. R. App. P. 9.030(b)(1)(B) ("District courts of appeal shall review, by appeal . . . nonfinal orders as prescribed by rule 9.130 . . . ."); 9.130(a)(3)(B) (authorizing appeals of nonfinal orders granting injunctions). The parties concede, and we agree, that paragraph "2.a." of the injunction, which prohibits Signal and HART from "interfering with Metro's priority right to install advertising benches in the unincorporated area of Hillsborough County," is overbroad; it fails to furnish "in reasonable detail the act or acts restrained." Fla. R. Civ. P. 1.610(c) ("Every injunction . . . shall describe in reasonable
detail the act or acts restrained without reference to a pleading or another document . . . ."); see also, e.g., Hasley v. Harrell, 971 So. 2d 149, 153 (Fla. 2d DCA 2007) ("[T]he injunction did not comport with the procedural rule because it referred to another document to describe the acts restrained.
Moreover, neither the judgment nor the referenced document specifically set forth the restraints imposed on Hasley, as required by the rule and the statute."). Paragraph 2.a. fails to "strictly comply" with the procedural rule and, in so doing, ensnares otherwise legal activity. Polk County v. Mitchell, 931 So. 2d 922, 925 (Fla. 2d DCA 2006) ("[A]n order granting a temporary injunction must strictly comply with [rule] 1.610(c) . . . ."); see also, e.g., Smith v. Wiker, 192 So. 3d 603, 604 (Fla. 2d DCA 2016) ("[T]he prohibition that Smith not linger on his driveway is overbroad because it encompasses conduct that could constitute stalking by harassing the neighbor but could also encompass activity that is perfectly legal.").
Therefore, we reverse as to paragraph 2.a.; however, we affirm the injunction in all other respects.
Affirmed, in part; reversed, in part; and remanded. MORRIS and SMITH, JJ., Concur. Opinion subject to revision prior to official publication.
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