1800 ATLANTIC CONDOMINIUM ASSOCIATION, INC., APPELLANT,
v.
1800 ATLANTIC DEVELOPERS, A FLORIDA JOINT VENTURE, AND LAWRENCE N. MARKS, APPELLEES
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The court affirmed a temporary injunction preserving the status quo but remanded because an indispensable party (the lessee) was not joined in the proceeding seeking to enjoin performance of a contract.
Where an order is sought to enjoin performance of a contract, the parties to the contract, including the lessee, must be joined as indispensable parties to the proceeding.
[1] Where an order is sought to enjoin performance of a contract, all parties to the contract, including the lessee, must be joined as indispensable parties to the proceeding…
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Join FLexlaw to unlock all legal intelligence1800 Atlantic Condominium Association sought a temporary injunction against 1800 Atlantic Developers and Lawrence N. Marks regarding a lease that expr…
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PER CURIAM.
1800 Atlantic Condominium Association, Inc. appeals a temporary injunction entered by the trial court. Appellants first contend that there were procedural errors, and an inadequate evidentiary basis, for the temporary injunction. After careful review of the pleadings and hearing transcript, we conclude that the facts material to the trial court’s ruling were undisputed, and that the hearing proceeded upon that basis. The trial court acted within the bounds of sound discretion in deciding that the temporary injunction standards were satisfied so as to justify an order preserving the status quo pending final hearing. See Oxford Int’l Bank & Trust, Ltd. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 374 So. 2d 54, 56 (Fla. 3d DCA 1979), cert. dismissed, 383 So. 2d 1199 (Fla.1980).
There is, however, merit in appellant’s contention that appellees have failed to join an indispensable party. Where, as here, an order is sought which enjoins the performance of a contract, the parties to the contract should be joined in the proceeding. See Spierer v. City of North Miami Beach, 560 So. 2d 1198 (Fla. 3d DCA 1990). While the contract at issue here expressly acknowledges that the lease might be terminated as a result of judicial action, the lessee should be joined in the proceeding. We do not disturb the temporary injunction, but direct that lessee be properly joined in the' proceedings below.
Affirmed; remanded with directions.*
*
This court’s ruling is without prejudice to the parties' ability to advance their respective positions at the final hearing and appeal therefrom, if any.
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Sylvio Tabet v. Tabet, 644 So. 2d 557 (Fla. 3d DCA 1994)…discretion in concluding that the elements necessary to grant the temporary injunction were present. See U.S. Mfg. and Galvanizing Corp. v. Renfrow, 592 So. 2d 1216, 1217 (Fla. 3d DCA 1992); 1800 Atl. Condominium Ass’n, Inc. v. 1800 Atl. Developers, 569 So. 2d 885, 886 (Fla. 3d DCA 1990); Oxford Int’l Bank and Trust, Ltd. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 374 So. 2d 54 (Fla. 3d DCA 1979), cert. dismissed, 383 So. 2d 1199 (Fla.1980). This case is unlike those cases where a party seeks to enjoin t…
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City OF Miami v. Vill. OF KEY Biscayne, 199 So. 3d 300 (Fla. 3d DCA 2016)…n whose behalf they were suing, as a party. Alario v. Miller, 354 So. 2d 925 (Fla.1978); Daniels v. Vann, 396 So. 2d 723 (Fla. 4th DCA 1981). . In our briefing order, we cited 1800 Atlantic Condominium Association, Inc. v. 1800 Atlantic Developers, 569 So. 2d 885 (Fla. 3d DCA 1990) (reversing the trial court's temporary injunction, holding that when a party seeks to enjoin performance of a contract, both parties to the contract are indispensable to the action). We asked the parties to address whether 1800 At…
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Fresh del Monte Produce, N.V. v. Chiquita Int'l Ltd., 664 So. 2d 263 (Fla. 3d DCA 1995)…of a contract, the parties to the contract are indispensable and must be joined in the lawsuit. Dade Enterprises Inc. v. Wometco Theatres Inc., 119 Fla. 70, 160 So. 209, 214 (1935); 1800 Atlantic Condominium Association v. 1800 Atlantic Developers, 569 So. 2d 885, 886 (Fla. 3d DCA 1990); see also W.F.S. Co. v. Anniston National Bank, 140 Fla. 213, 191 So. 300, 301 (1939); Blue Dolphin Fiberglass Pools of Florida, Inc. v. Swim Industries Corp., 597 So. 2d 808, 809 (Fla. 2d DCA 1992); Bermudez v. Bermudez, 421…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Oxford Int'l Bank & Tr., Ltd. v. Merrill Lynch, 374 So. 2d 54 (Fla. 3d DCA 1979)
- Harris v. Fla. Dep't OF Labor & Emp. Sec., 374 So. 2d 54 (Fla. 3d DCA 1979)
- Spierer v. City OF N. Miami Beach, 560 So. 2d 1198 (Fla. 3d DCA 1990)