ALLIANT CAPITAL, LTD., ET AL., APPELLANTS,
v.
Z. CLIFF SINGLETON, ET AL., APPELLEES

Fla. 5th DCA | 2003-01-24
No. 5D02-1442
GRIFFIN and ORFINGER, JJ., concur.
835 So. 2d 365 Florida District Court of Appeal, Fifth District (2003) Positive Treatment
Cited by 4 cases

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Synopsis

Alliant Capital challenged a temporary injunction that kept Singleton and his entities in management control of two senior housing projects. The Fifth District Court of Appeal reversed and remanded because the trial court failed to comply with procedural requirements for issuing a temporary injunction, specifically failing to set forth findings on required elements and failing to set a bond.


Holding

The temporary injunction was reversed and remanded because the trial court failed to comply with Florida Rule of Civil Procedure 1.610 by: (1) failing to set forth findings supporting the four required elements for a temporary injunction (irreparable harm, no adequate remedy at law, clear legal right, and public interest); and (2) failing to set and require a bond as mandated by rule.


Headnotes

[1] A temporary injunction must be supported by findings of fact demonstrating each element required for its issuance, including irreparable harm, lack of an adequate remedy…

[2] A court must set and require a bond when issuing a temporary injunction, as mandated by Florida Rule of Civil Procedure 1.610(b).

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Key Quotes

“the trial judge failed to comply with the rule for entering a temporary injunction”

Establishes the basis for reversal - procedural non-compliance rather than substantive merits

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Facts & Procedural History

Alliant Capital and related entities partnered with Singleton's entities to finance and manage two affordable housing projects: Crane Creek in Melbour…

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Opinion of the Court
SHARP, W., J.

The appellants1 (collectively referred to as Alliant) bring this nonfinal appeal of an order granting appellees a temporary injunction,2 which mandated that appellees,3 partnerships owned or controlled by Singleton, and Singleton, remain in management control and as general partners of Crane Creek Senior Housing Partners Ltd. and Hatton House Senior Housing Partners “until further order of the court.” The relationship between these complicated, inter-related parties was formed to finance the construction and management of two “affordable housing” projects:4 Crane Creek in Melbourne, Florida, and Hatton House in Sneads, Florida.

Disputes arose between the conglomerate opposing entities concerning the appellants’ alleged commitment to and inability to raise funds-for the projects, and their default in funding, and the appellees’ alleged defaults and mismanagement of the projects. Based on documentation, appellants claimed appellees had defaulted and terminated them as general partners and managers of the project.

However, appel-lees claimed their removal and termination was not justified and would jeopardize a “SAIL” loan, for which Singleton had applied, in order to salvage the projects. He claimed appellees’ removal would result in the loss of the projects, elderly persons being thrown out of their homes, and the salutary purposes of the tax and loan benefits, state and federal, being offended. Limited testimony was taken at the initial hearing, although subsequent hearings were held which resulted in no change in the temporary injunction on appeal.

We have serious doubts' that the circumstances set forth in the record before us justify the issuance of a temporary injunction.

However, we do not reach the merits of that question because we find the trial judge failed to comply with the rule for entering a temporary injunction. See Fla. R. Civ. P. 1.610; Yardley v. Albu, 826 So. 2d 467 (Fla. 5th DCA 2002); Florida Water Services. Corp. v. Blue Stone Real Estate Constr., 747 So. 2d 406, 408 (Fla. 5th DCA 1999); citing, Watkins v. Colonial Life & Accident Ins. Co., 719 So. 2d 934 (Fla. 5th DCA 1998).

Specifically, the court failed to set forth facts to support each element that a moving party must establish to be entitled to the issuance of a temporary injunction: (1) irreparable harm; (2) no adequate remedy at law; (3) a clear legal right to the relief; (4) that the injunction will serve the public interest. See Coscia v. Old Florida Plantation, Ltd., 828 So. 2d 488 (Fla. 2d DCA 2002); Yardley; Ksaibati v. Ksaibati, 824 So. 2d 219 (Fla. 2d DCA 2002); Florida Water; Watkins. Further, the trial court erred in not setting and requiring a bond, as is mandat ed by Florida Rule of Civil Procedure 1.610(b).

REVERSED and REMANDED.

GRIFFIN and ORFINGER, JJ., concur. . Alliant Capital, Ltd.; Alliant Tax Credit IX, Inc.; Alliant Tax Credit Fund IX, Ltd.; Alliant Tax Credit VIII, Inc.; Alliant Tax Credit Fund VIII, Ltd., Alliant Mortgage Company, Inc.; Alan Schnier, Individually; Shawn Horowitz, Individually; and Scott Kotick, Individually.

. Florida Rule of Appellate Procedure 9.130(3)(B).

. Z. Cliff Singleton, individually and derivatively of RHT Crane Creek Partners, Ltd., RHT Hatton House Partners, Limited Partnership, Tax Credit Senior Properties, LLC.

. The financing of these endeavors utilized a federal tax-incentive program, administered in Florida by the Federal Finance Housing Corp. Under this program, tax credits are provided to help fund affordable housing.


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Citator

Cited By

  • Randolph v. Antioch Farms Feed & Grain Corp., 903 So. 2d 384 (Fla. 2d DCA 2005)
    …medy exists; (3) that the plaintiffs enjoy a clear legal right to the relief sought; and (4) that the injunction will serve the public interest. See City of Tampa v. McAfee, 896 So. 2d 943, 946 (Fla. 2d DCA 2005); Alliant Capital, Ltd. v. Singleton, 835 So. 2d 365, 366 (Fla. 5th DCA 2003). The single error of failing to provide sufficient findings requires us to reverse and remand for further proceedings. The trial court also faded to set a bond as mandated by rule 1.610(b): “No temporary injunction shall be…
  • The Reserve AT Wedgefield Homeowners' v. Dixon, 948 So. 2d 65 (Fla. 5th DCA 2007)
    …g that a temporary injunction must specify the reasons for its entry and the findings supporting the elements necessary to establish entitlement to a temporary injunction must be clear, definite, and unequivocal); Alliant Capital, Ltd. v. Singleton, 835 So. 2d 365 (Fla. 5th DCA 2003) (reversing trial court’s injunction order because the court failed to set forth facts to support each element that a moving party must establish to be entitled to the issuance of a temporary injunction and erred in not setting an…

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