FLORIDA HIGH SCHOOL ACTIVITIES ASSOCIATION, INC., APPELLANT,
v.
PATRICK SEAN MARSONEK, APPELLEE
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The court held that the trial court erred by granting an ex parte injunction without satisfying the requirements of Florida Rule of Civil Procedure 1.610 regarding notice and findings of irreparable harm.
[1] A trial court may not grant an ex parte injunction without satisfying the requirements of Florida Rule of Civil Procedure 1.610, including providing notice to the opposin…
[2] An ex parte order granting injunctive relief must define the injury and state findings why any possible injury might be irreparable.
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Join FLexlaw to unlock all legal intelligenceA high school football player was suspended for unsportsmanlike conduct. He sought an ex parte injunction to allow him to play in an upcoming playoff …
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PER CURIAM.
The Florida High School Activities Association, Inc. (FHSAA) appeals from a nonfinal order “Granting Injunctive and Declaratory Relief’ in favor of a high school football player, Patrick Sean Marso-nek, whom it had suspended from participating in a playoff football game which could have led to the regional finals. Although the issue before this court is moot, there is a possibility of repetition. Thus, because the plaintiff and the trial court failed to satisfy the requirements of Florida Rule of Civil Procedure 1.610 before entry of this ex parte injunction, we reverse.
On Friday, November 19, 1999, in a football game between Thomas Jefferson and Lecanto High Schools, Marsonek, who played for Jefferson, was ejected from the game because of two alleged unsportsmanlike-conduct fouls in the same game. As a result, the FHSAA imposed a one-game suspension prohibiting Marsonek from playing in Jefferson’s upcoming football game on Friday, November 26, 1999. Although it is not entirely clear from this record, that suspension apparently occurred on the night of the incidents.
Thereafter, Marsonek obtained counsel who filed a notice of emergency hearing along with a verified complaint requesting injunctive or declaratory relief. The complaint commingled the requests for these alternative forms of relief. Essentially, however, the relief sought on an emergency basis was for a temporary injunction against FHSAA prohibiting it from enforcing the one-game suspension against Mar-sonek and permitting him to play in the football game scheduled to take place on Friday, November 26,1999.
The notice of emergency hearing indicated that the hearing would commence at 4:30 p.m. on November 24, 1999, “before the an [sic] Honorable Judge.” It was certified as having been hand delivered to the “Clerk of Courts” on November 24, 1999. Apparently, an ex parte hearing was held late Wednesday, November 24, 1999, just before the start of the long Thanksgiving holiday. In regard to whether notice had been given to FHSAA, Marsonek’s complaint merely averred that
[bjecause of the upcoming Thanksgiving holidays scheduled high school play-off football game scheduled on November 26, 1999, Plaintiff has unilaterally filed this injunctive relief and is unable to provide notice to the defendant in a timely fashion. If notice is required to be provided before relief can be granted, this Plaintiff will be irrepairably [sic] harmed and the issue of his eligibility for the football game on November 26, 1999, will be moot.
On November 24, 1999, the trial court entered an ex parte order “Granting In-junctive and Declaratory Relief.” In that order, the trial court “declared” that FHSAA could not impose the one-game suspension against Marsonek and “permitted” him to play in the football game on November 26, 1999, on behalf of Jefferson High School.
Rather than moving to dissolve the temporary injunction, FHSAA filed this interlocutory appeal. Thus, this court may not inquire into the factual matters presented in the underlying case. See United Farm Workers of Am., AFL-CIO v. Quincy Corp., 681 So. 2d 773 (Fla. 1st DCA 1996). Rather, this court’s inquiry is limited to the legal sufficiency of the order on appeal, the complaint, and any supporting documents. Id.; see also Hotel-Motel, Rest. Employees & Bartenders Union, Local SS9 of Broward County v. Black Angus of Lauderhill, Inc., 290 So. 2d 479 (Fla. 1974). Notably, Marsonek failed to file an answer brief in this appeal and has failed to provide this court with an appendix of the record. Hence, we are confined to a review based upon the record provided by the appellant, FHSAA. On the face of the order, the trial court acknowledged that the hearing was conducted ex parte and indicated only that the plaintiff was present and heard. In the abbreviated record provided to this court, there is no indication that the plaintiffs counsel certified, in writing, the efforts that were made to give notice as required in rule 1.610(a)(1)(B). See Fla. High Sch. Activities Ass’n v. Benitez, 748 So. 2d 358 (Fla. 5th DCA 1999). Indeed, the verified complaint merely concluded that notice could not be provided in a timely fashion without giving any legitimate factual explanation why the plaintiff was prevented from providing such notice. The order did not address the trial court’s reasons for allowing the plaintiff to proceed ex parte without notice to the defendant as required by rule 1.610(a)(2). Further, the order did not define the injury or state findings why any possible injury might be irreparable as required in rule 1.610(a)(2). Finally, the order did not require a bond, a prerequisite in all but two circumstances inapplicable in the present case. See Fla. R. Civ. P. 1.610(b); Quincy Corp., 681 So. 2d at 777. Accordingly, we reverse.
Reversed.
THREADGILL, A.C.J., and SALCINES and STRINGER, JJ„ Concur.
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Yardley v. Ina Marie Albu, 826 So. 2d 467 (Fla. 5th DCA 2002)…pellate court may not inquire into the factual matters presented; instead, the court’s inquiry is limited to the legal sufficiency of the trial court’s order, the complaint, and any supporting documents. High Sch. Activities Ass’n, Inc. v. Marsonek, 805 So. 2d 868 (Fla. 2d DCA 2001); United Farm Workers of Am., AFL-CIO v. Quincy Corp., 681 So. 2d 773 (Fla. 1st DCA 1996); County of Orange v. Webster, [*470] 503 So. 2d 988 (Fla. 5th DCA 1987). Having discussed the applicable standard of review, we may now addre…
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Christine Thomas, M.D. v. Osler Med., Inc., 963 So. 2d 896 (Fla. 5th DCA 2007)…idavits. The appellate court may not review the factual matters unless a motion to dissolve is filed and a hearing held.”); Lewis v. Sunbelt Rentals, Inc., 949 So. 2d 1114, 1115 (Fla. 2d DCA 2007) (citing Fla. High Sch. Activities Ass’n v. Marsonek, 805 So. 2d 868, 869 (Fla. 2d DCA 2001)); Kailin Hu v. Haitian Hu, 942 So. 2d 992 (Fla. 5th DCA 2006); Orange County v. Webster, 503 So. 2d 988 (Fla. 5th DCA 1987). Hence, the appellate court may not address the factual basis for issuance of the injunction. Black A…
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Forrest v. Citi Residential Lending, Inc., 73 So. 3d 269 (Fla. 2d DCA 2011)…Appellants did not seek to dissolve the ex parte injunction, the scope of our review is limited to the legal sufficiency of the order on appeal, the motion for the injunction, and any supporting documents. See High Sch. Activities Ass’n v. Marsonek, 805 So. 2d 868, 869 (Fla. 2d DCA 2001). V.DISCUSSION A. Prior Restraint or Prevention of Abuse of the Discovery Process? The Appellants view the temporary injunction as “a prior restraint on the publication and dissemination of matters of great public importanc…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- United Farm Workers OF Am., AFL-CIO v. Quincy Corp., 681 So. 2d 773 (Fla. 1st DCA 1996)
- Fla. High Sch. Activities Ass'n, Inc. v. Benitez, 748 So. 2d 358 (Fla. 5th DCA 1999)
- THE Florida BAR v. Stamathis, 290 So. 2d 479 (Fla. 1974)
- Hotel-Motel v. Black Angus OF Lauderhill, Inc., 290 So. 2d 479 (Fla. 1974)