JOHN A. DEJONG, APPELLANT,
v.
DOROTHY AVIS DEJONG, APPELLEE
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THREADGILL, Judge.
This is an interlocutory appeal from an order denying the husband’s motion to dissolve preliminary injunctions in an action for dissolution of marriage. The husband maintains that the wife’s verified petition seeking the preliminary injunctions fails to allege the elements necessary for a grant of injunctive relief. We disagree.
We agree, however, with the husband’s assertion that the order granting the injunctions fails to comply with Florida Rule of Civil Procedure 1.610(a) and (b). The order does not reflect the hour it was entered, does not include findings by the court why the injury may be irreparable, does not give reasons why the order was granted without notice, and does not require the posting of a bond by the wife. This failure to comply with the requirements of rule 1.610 requires reversal. See Wasserman v. Gulf Health, Inc., 512 So. 2d 234 (Fla. 2d DCA 1987), review denied, 518 So. 2d 1279 (Fla.1987); Richardson v. Up-church, 452 So. 2d 1117 (Fla. 2d DCA 1984); and Hathcock v. Hathcock, 533 So. 2d 802 (Fla. 1st DCA 1988), review denied, 542 So. 2d 1333 (Fla. 1989).
Accordingly, we reverse and remand for correction of the order to comply with rule 1.610.
RYDER, A.C.J., and DANAHY, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Pecora v. Pecora, 697 So. 2d 1267 (Fla. 5th DCA 1997)…ain the hour of its entry, as is required by Rule 1.610(a)(2). The only cases we have found that even mention this requirement noted the omission of the hour and date as among a series of deficiencies in appealed orders. See, e.g., Dejong v. Dejong, 572 So. 2d 11, 12 (Fla. 2d DCA 1990); Wasserman v. Gulf Health, Inc., 512 So. 2d 234, 234-35 (Fla. 2d DCA), review denied, 518 So. 2d 1279 (Fla.1987); Torok v. Blue Skies Mobile Home Owners Ass’n, 467 So. 2d 474, 475 (Fla. 5th DCA 1985). The historical developmen…
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Lucero v. Clay P. Lucero, 793 So. 2d 144 (Fla. 2d DCA 2001)…lution did not restrict the minor child’s residence. See also Doss v. Doss, 643 So. 2d 1170 (Fla. 2d DCA 1994) (reversing injunction in family law case that was entered without notice or compliance with requirements of rule 1.610); Dejong v. Dejong, 572 So. 2d 11 (Fla. 2d DCA 1990) (same). Although the Mother was present at the hearing when the Father’s attorney made his oral motion for the temporary injunction, the Mother was not given an opportunity to cross-examine the Father’s testimony, nor was she all…
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Ingham v. Ingham, 603 So. 2d 74 (Fla. 4th DCA 1992)…is strained and decline to apply it here. We find that the trial court erred in failing to require the posting of a bond. Rich v. Rich, 214 So. 2d 777 (Fla. 4th DCA 1968); see also Hayes v. Hayes, 578 So. 2d 54 (Fla. 2d DCA 1991); Dejong v. Dejong, 572 So. 2d 11 (Fla. 2d DCA 1990). Secondly, we find no merit in appellant’s argument that the verified petition was [*76] defective for failure to comply with rules 1.610(a)(1) and 1.610(a)(2), but we do find a need to address briefly appellant’s argument that t…
Authorities Cited
- Hathcock v. Hathcock, 533 So. 2d 802 (Fla. 1st DCA 1988)
- Wasserman v. Gulf Health, Inc., 512 So. 2d 234 (Fla. 2d DCA 1987)
- Richardson v. Upchurch, 452 So. 2d 1117 (Fla. 2d DCA 1984)