CARDINAL INVESTMENT GROUP, INC., A FLORIDA CORPORATION, AND DISTRITANK, INC., A FOREIGN CORPORATION, APPELLANTS,
v.
TERRY GILES, APPELLEE
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Cardinal Investment Group appeals a mandatory injunction requiring it to install a new air-conditioning system in a building leased to gym operator Terry Giles. The Fourth District Court of Appeal reverses, holding that the trial court exceeded its authority by granting injunctive relief not requested in the pleadings and that specific performance of a lease is unavailable under Florida law.
The trial court's mandatory injunction requiring installation of a new air-conditioning system must be reversed because: (1) courts cannot grant relief not requested in the pleadings, and (2) Florida law does not permit injunctions requiring specific performance of a lease agreement because such an injunction would require continuous court supervision of lease performance.
[1] A court may not grant injunctive relief that is not requested in the pleadings.
[2] Specific performance of a lease requiring ongoing supervision by the court is generally not available as an injunction in Florida.
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Join FLexlaw to unlock all legal intelligence“courts are not authorized to grant relief not requested in the pleadings”
Establishes the fundamental principle that trial courts lack authority to award relief beyond what is pleaded by the parties.
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Join FLexlaw to unlock all legal intelligenceGiles operated a gym in a building owned by Cardinal Investment Group under a lease agreement. Giles sued seeking declaratory relief, damages for busi…
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KLEIN, J.
This appeal arises from disputes about a lease under which appellee was operating a gym in appellant landlord’s building. The landlord appeals a mandatory injunction requiring the landlord to install a new air-conditioning system. We reverse.
The tenant sued the landlord seeking declaratory relief, damages for loss of business as a result of inadequate air-conditioning and an injunction to prevent the landlord from evicting the tenant. At the conclusion of the trial, the court concluded that the tenant had established that the air-conditioners did not have sufficient capacity to cool the premises and decided, on its own, to enter an injunction requiring the landlord to install a replacement air-conditioning system in “good working order,” within a specific time period.
The pleadings did not request this type of injunctive relief, and courts are not authorized to grant relief not requested in the pleadings. Pond v. McKnight, 339 So. 2d 1149 (Fla. 2d DCA 1976)(reversing part of order enjoining certain actions of appellants “when no such relief was requested by the appellees by way of counterclaim or any other pleading”).
In addition, an injunction requiring specific performance of a lease is not available in Florida or the vast majority of other jurisdictions. Mayor’s Jewelers v. Cal. Pub. Employees Ret. Sys., 685 So. 2d 904 (Fla. 4th DCA 1996) and cases cited. The rationale of these cases is that such an injunction would require the court to supervise the future performance of the lease. Id. at 905. Calumet Co. v. Oil City Corp., 114 Fla. 531, 154 So. 141 (1934)(denying specific performance of an oil well drilling contract because the court would be unable to supervise performance of the contract).
The landlord also argues that there is no competent substantial evidence to support the trial court’s finding that the tenant was not in default of the lease because rent payments were late. We find no merit in the landlord’s argument on that issue.
We therefore reverse the injunction, which does not preclude the tenant from seeking damages on remand. Since our disposition of this appeal may affect who ultimately prevails we reverse and remand the order awarding prevailing party attorney’s fees to the tenant.
WARNER and MAY, JJ., concur.
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Cited By (17 total)
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Craven v. Trg-Boynton Beach, Ltd., 925 So. 2d 476 (Fla. 4th DCA 2006)…he vast majority of other jurisdictions, does not permit specific performance of a lease, even in ordinary circumstances, because the court would be forced to undertake an excessive supervisory responsibility. See Cardinal Inv. Group, Inc. v. Giles, 813 So. 2d 262, 263 (Fla. 4th DCA 2002); see also Mayor’s Jewelers, Inc. v. State of Cal. Pub. Employees’ Retirement Sys., 685 So. 2d 904, 904-05 (Fla. 4th DCA 1996). This principle applies with extra force where, as here, the leased premises have yet to be built…
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The Bank OF NEW York Mellon under Novastar Mortg. Funding Tr. v. Reyes, 126 So. 3d 304 (Fla. 3d DCA 2013)…uested by the complaint.”). See also Homestead-Miami Speedway, LLC v. City of Miami, 828 So. 2d 411, 413 (Fla. 3d DCA 2002) (confirming that courts are not authorized to grant relief not requested in the pleadings); Cardinal Inv. Gp., Inc. v. Giles, 813 So. 2d 262, 263 (Fla. 4th DCA 2002) (“[Cjourts are not authorized to grant relief not requested in the pleadings.”). Because the judgment below grants relief wholly outside the pleadings on which the default was entered, it is void and should have been vacated…
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Fed. Home Loan Mortg. Corp. v. Beekman, 174 So. 3d 472 (Fla. 4th DCA 2015)…rower cross-appeals, arguing the trial court erred by denying his motion to amend his answer and file counterclaims. Analysis Generally, “courts are not authorized to grant relief not requested in the pleadings.” Cardinal Inv. Grp., Inc. v. Giles, 813 So. 2d 262, 263 (Fla. 4th DCA 2002); see also Homestead-Miami Speedway, LLC v. City of Miami, 828 So. 2d 411, 413 (Fla. 3d DCA 2002); Pond v. McKnight, 339 So. 2d 1149 (Fla. 2d DCA 1976). “[A] judgment which grants relief wholly outside the pleadings is void.”…
Previewing 3 of 17 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The Calumet Co. v. Oil City Corp., 114 Fla. 531 (Fla. 1934)
- Pond v. Cora M. McKNIGHT, 339 So. 2d 1149 (Fla. 2d DCA 1976)
- Mayor's Jewelers, Inc. v. State of Cal. Pub. Emps'. Ret. Sys., 685 So. 2d 904 (Fla. 4th DCA 1996)