WOLFGANG BELLACH, APPELLANT,
v.
HUGGS OF NAPLES, INC., APPELLEE
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In this appeal, the court reversed a trial court's temporary injunction against a former owner of a retail gift shop for violating a covenant not to compete. The injunction was defective because it failed to include a required bond and lacked necessary findings of fact regarding the legal requirements for such an injunction.
The trial court's temporary injunction was defective and must be reversed and remanded. A temporary injunction requires: (1) a bond posted by the movant as mandated by Florida Rule of Civil Procedure 1.610(b), which cannot be waived or set at a nominal amount; and (2) specific findings of fact supporting each of the four legal requirements: likelihood of irreparable harm, unavailability of an adequate remedy at law, substantial likelihood of success on the merits, and considerations of public policy.
[1] A trial court cannot waive the requirement that a movant post a bond for a temporary injunction.
[2] A trial court must set the amount of a bond for a temporary injunction after providing both parties an opportunity to present evidence.
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Join FLexlaw to unlock all legal intelligence“The injunction is defective because Florida Rule of Civil Procedure 1.610(b) requires the movant to post a bond.”
Establishes that bond requirement is mandatory and cannot be waived by the trial court
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Join FLexlaw to unlock all legal intelligenceHuggs of Naples, Inc. purchased a retail gift shop and obtained a covenant not to compete from Wolfgang Bellach. Huggs filed a verified complaint seek…
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PER CURIAM.
Wolfgang Bellach appeals the trial court’s order granting a temporary injunction in favor of Huggs of Naples, Inc. (“Huggs”). Huggs filed a verified complaint seeking to enforce a covenant not to compete, executed as part of Huggs’ purchase of a retail gift shop. After notice and a hearing, the trial court entered an order temporarily enjoining Mr. Bellach from the sale of any items sold at the store at the time of Huggs’ purchase. The order also states that no bond is required for the issuance of the injunction. After the briefs were filed, Huggs filed a motion to relinquish jurisdiction, asking that the trial court be permitted to amend its order to include findings of fact, conclusions of law, and a bond, which Huggs contends are undisputed erroneous omissions. Rather than relinquish jurisdiction under these circumstances, we reverse the trial court’s order. The injunction is defective because Florida Rule of Civil Procedure 1.610(b) requires the movant to post a bond. See Wasserman v. Gulf Health, Inc., 512 So. 2d 234, 235 (Fla. 2d DCA), review denied, 518 So. 2d 1279 (Fla.1987). The trial court cannot waive this requirement nor can it comply by setting a nominal amount. Id. The trial court must set the bond after providing both parties with the opportunity to present evidence regarding the appropriate amount. See Richard v. Behavioral Healthcare Options, Inc., 647 So. 2d 976, 978 (Fla. 2d DCA 1994); Cushman & Wakefield, Inc. v. Cozart, 561 So. 2d 368, 371 (Fla. 2d DCA 1990).
The injunction is also defective because the order fails to make specific findings regarding the likelihood of irreparable harm, unavailability of an adequate remedy at law, substantial likelihood of success on the merits, and considerations of public policy. See Richard, 647 So. 2d at 978. “Clear, definite, and unequivocally sufficient factual findings must support each of the four conclusions necessary to justify entry of a temporary injunction.” Id.
Because the order is defective, we remand with instructions to the trial court to either enter an order that satisfies all requirements for entry of a temporary injunction or if appropriate, an order denying the injunction.
Reversed and remanded.
ALTENBERND, A.C.J., and WHATLEY and NORTHCUTT, JJ., concur.
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Citator
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Fla. High Sch. Athletic Ass'n v. Priam Rosenberg, 117 So. 3d 825 (Fla. 4th DCA 2013)…t a bond. ‘The trial court cannot waive this requirement nor can it comply by setting a nominal amount.’ ” Fla. High Sch. Activities Ass’n v. Mander ex rel. Mander, 932 So. 2d 314, 315-16 (Fla. 2d DCA 2006) (quoting Bellach v. Huggs of Naples, Inc., 704 So. 2d 679, 680 (Fla. 2d DCA 1997)). The trial court erred in failing to require a bond. While this might not be the ordinary type of injunction involving business or some other form of damages, it is nevertheless a temporary injunction. We therefore reverse…
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Angelino v. Santa Barbara Enters., LLC, 2 So. 3d 1100 (Fla. 3d DCA 2009)…e than conclusory legal aphorisms.” Id. “Clear, definite, and unequivocally sufficient factual findings must support each of the four conclusions necessary to justify entry of a preliminary injunction.” Id.; Bellach v. Huggs of Naples, [*1104] Inc., 704 So. 2d 679, 680 (Fla. 2d DCA 1997); Richard v. Behavioral Healthcare Options, Inc., 647 So. 2d 976, 978 (Fla. 2d DCA 1994). The temporary injunction is thus defective. See Naegele, 634 So. 2d at 753-54; Bellach, 704 So. 2d at 679; Richard, 647 So. 2d at 978.…
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Baltazar Salazar and Walter Salazar Pest Control v. Hometeam Pest Def., Inc., 230 So. 3d 619 (Fla. 2d DCA 2017)…n support of each element entitling a party to' a temporary injunction.... The single error of failing to provide sufficient findings requires us to reverse and remand for further proceedings.”) (citations omitted); Bellach v. Huggs of Naples, Inc., 704 So. 2d 679, 680 (Fla. 2d DCA 1997) (reversing temporary injunction that failed to include the required specific findings). Hometeam urges us to affirm the injunction order because the trial court conducted a “lengthy” “one-and-a-half hour evidentiary hearing…
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
- State v. King, 647 So. 2d 976 (Fla. 4th DCA 1994)
- Cushman & Wakefield, Inc. v. Cletus Cozart and Patricia Cozart, 561 So. 2d 368 (Fla. 2d DCA 1990)
- Wasserman v. Gulf Health, Inc., 512 So. 2d 234 (Fla. 2d DCA 1987)