STELLA WISE AND MARTIN GOLDMAN, APPELLANTS,
v.
IAN SCHMIDEK, APPELLEE
Explore caselaw by topic → Browse Ex Parte Injunction cases and more on FLexlaw
PER CURIAM.
Appellants appeal the entry of an ex parte, temporary injunction freezing certain trust assets pending the outcome of this probate proceeding. We affirm.
Generally speaking, the trial court may exercise broad discretion in granting, denying, dissolving, or modifying injunctions, and unless a clear abuse of discretion is demonstrated, this court will not disturb the trial court’s decision. Sanchez v. Solomon, 508 So. 2d 1264, 1265 (Fla. 3d DCA 1987). Moreover, we have said that a circuit court, sitting in its probate capacity, has inherent jurisdiction to monitor the administration of an estate and to take such appropriate action as it may deem necessary to preserve the assets of the estate for the benefit of the ultimate beneficiaries. Estate of Conger, 414 So. 2d 230 (Fla. 3d DCA 1982). Based upon our review of the record before us, we do not find that the trial court abused its discretion in granting the temporary injunction on an ex parte basis.
Accordingly, we affirm.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (25 total)
-
Jackson v. Ladon Echols, 937 So. 2d 1247 (Fla. 3d DCA 2006)…ction. The trial court is afforded broad discretion in granting, denying, dissolving, or modifying injunctions, and unless a clear abuse of discretion is demonstrated, an appellate court must not disturb the trial court’s decision. Wise v. Schmidek, 649 So. 2d 336, 337 (Fla. 3d DCA 1995). As the transcript of the hearing or á statement of the evidence is necessary to provide meaningful appellate review of this issue, and the appellant has been unable to provide one, we are unable to determine whether the tria…
-
Millennium Commc'ns & Fulfillment v. Off. of the Attorney Gen., 761 So. 2d 1256 (Fla. 3d DCA 2000)…ing under FDUTPA is to establish that it has a clear legal right to a temporary injunction. Moreover, on appeal, we will not reverse an order granting a temporary injunction unless it is found to be a clear abuse of discretion. See Wise v. Schmidek, 649 So. 2d 336 (Fla. 3d DCA 1995); Richard v. Behavioral Healthcare Options, Inc., 647 So. 2d 976 (Fla. 2d DCA 1994). We conclude that FDUTPA does have applicability to the challenged transactions, but that the Department did not meet its burden to establish a cle…
-
Vargas v. Vargas, 771 So. 2d 594 (Fla. 3d DCA 2000)…t for injunction, the trial court has wide discretion to either grant, deny, dissolve, or modify a temporary injunction, and an appellate court will not intercede unless the aggrieved party clearly shows an abuse of discretion. See Wise v. Schmidek, 649 So. 2d 336, 337 (Fla. 3d DCA 1995); Richard v. Behavioral Healthcare Options, Inc., 647 So. 2d 976, 978 (Fla. 2d DCA 1994). The record before this Court shows that the sisters made an adequate showing in support of the entry of the temporary injunction. The s…
Previewing 3 of 25 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The Est. OF George Drew Conger v. Conger, 414 So. 2d 230 (Fla. 3d DCA 1982)
- Sanchez v. Abner Solomon, 508 So. 2d 1264 (Fla. 3d DCA 1987)