MITTS, BOYLE & ASSOCIATES, INC., APPELLANT,
v.
BOYLE ACCOUNTING SERVICES, INC., ET AL., APPELLEES
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The court held that the entry of a temporary injunction was error due to procedural and substantive defects, including lack of required findings and bond.
Appellant appealed a temporary injunction, citing procedural and substantive defects. The lower court entered the injunction without required findings…
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GRIFFIN, Chief Judge.
Appellant, Mitts, Boyle & Assoc., Inc., appeals a temporary injunction, complaining of several procedural and substantive defects. We agree that because the findings required for issuance of a temporary injunction are lacking1 and because no bond was required,2 entry of the injunction was error. We remand for the lower court promptly to enter a proper temporary injunction or to dissolve it. We observe further that if the court’s reasons for issuance of an injunction are dependent on any disputed fact, the court should conduct an evidentiary hearing.
REVERSED and REMANDED.
COBB and HARRIS, JJ., concur. . Snibbe v. Napoleonic Soc. of America, Inc., 682 So. 2d 568 (Fla. 2d DCA 1996); City of Jacksonville v. Naegele Outdoor Advertising Co., 634 So. 2d 750 (Fla. 1st DCA 1994), approved, 659 So. 2d 1046 (Fla. 1995); see also Hutchinson v. Kimzay, Inc., 637 So. 2d 942 (Fla. 5th DCA 1994).
. Hinsley v. Whited, 623 So. 2d 611 (Fla. 5th DCA 1993); Petriccione v. Ocean Landings Condominium Ass’n, Inc., 615 So. 2d 215 (Fla. 5th DCA 1993).
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Yardley v. Ina Marie Albu, 826 So. 2d 467 (Fla. 5th DCA 2002)…remanded to the trial court with instructions to delineate factual findings to support each of the four criteria that must be established in order to issue the temporary injunction. See Mitts, Boyle & Assocs., Inc. v. Boyle Accounting Servs., Inc., 703 So. 2d 1218 (Fla. 5th DCA 1998); Snibbe; Richard v. Behavioral Healthcare Options, Inc., 647 So. 2d 976 (Fla. 2d DCA 1994). We also conclude that reversal is required because the trial court’s order does not maintain the last non-contested condition of the pro…1 / 2
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Watkins v. Colonial Life & Accident Ins. Co., 719 So. 2d 934 (Fla. 5th DCA 1998)…set forth the specific findings required for issuance of a temporary injunction and also fails to set bond as required by rule 1.610(b) of the Florida Rules of Civil Procedure. See Mitts, Boyle & Associates, Inc. v. Boyle Accounting Services, Inc., 703 So. 2d 1218 (Fla. 5th DCA 1998); see also Harrison v. Palm Harbor MRI, Inc., 703 So. 2d 1117 (Fla. 2d DCA 1997). We must also reverse the trial court’s ruling that Colonial Life is entitled to proceed to arbitration on the remaining issue of damages because Co…
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Guardian Ventures Co. v. Martin P'rs, Inc., 813 So. 2d 297 (Fla. 5th DCA 2002)…stantive defects. We agree that because the findings required for issuance of a temporary injunction are lacking and because no bond was required, entry of the injunction was error. Mitts, Boyle & Associates, Inc. v. Boyle Accounting Services, Inc., 703 So. 2d 1218 (Fla. 5th DCA 1998). We remand for the lower court promptly to enter a proper temporary injunction or to dissolve it. In addition, we reverse the trial court’s finding in respect to the valuation date of bonus points, without prejudice to the righ…
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
- City OF Jacksonville v. Naegele Outdoor Advertising Co., 634 So. 2d 750 (Fla. 1st DCA 1994)
- Naegele Outdoor Adv. Co. v. Jacksonville, 659 So. 2d 1046 (Fla. 1995)
- Snibbe v. The Napoleonic Soc'y OF Am., Inc., 682 So. 2d 568 (Fla. 2d DCA 1996)
- Hutchinson v. Kimzay OF Fla., Inc., 637 So. 2d 942 (Fla. 5th DCA 1994)
- Petriccione v. Ocean Landings Condo. Ass'n, Inc., 615 So. 2d 215 (Fla. 5th DCA 1993)
- Hinsley v. Whited, 623 So. 2d 611 (Fla. 5th DCA 1993)