SHARON TITUS, APPELLANT,
v.
SKILLS, TRAINING, ANALYSIS, ETC., ET AL, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court quashed a temporary injunction because the trial court failed to make the requisite factual findings supporting the four preliminary injunction criteria.
A trial court must make clear, definite, and unequivocally sufficient factual findings supporting each of the four preliminary injunction criteria and must strictly comply with Florida Rules of Civil Procedure rule 1.610(c) by specifying reasons and describing restrained acts in reasonable detail.
[1] A trial court entering a preliminary injunction must make clear, definite, and unequivocally sufficient factual findings supporting each of the four criteria (likelihood…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceSharon Titus appealed a temporary injunction issued by the trial court.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Appellate Review Of Injunctions cases and more on FLexlaw
THOMPSON, J.
Sharon Titus appeals a temporary injunction. We quash the injunction because the court failed to make the requisite findings. This issue being dispositive, we do not address the other points raised by Titus.
A preliminary injunction is an extraordinary remedy which should be granted sparingly, and which may be entered if the party seeking the injunction establishes the following criteria: (1) the likelihood of irreparable harm; (2) the unavailability of an adequate remedy at law; (3) substantial likelihood of success on the merits; and (4) consideration of the public interest. Yardley v. Albu, 826 So. 2d 467, 470 (Fla. 5th DCA 2002). In entering the injunction, the trial court must strictly comply with rule 1.610(c), Florida Rules of Civil Procedure, by specifying the reasons for entry of the injunction and describing in reasonable detail the act or acts restrained without reference to a pleading or another document. Id. (quoting Fla. R. Civ. P. 1.610(c)). Further, the trial court must set forth “[cjlear, definite, and unequivocally sufficient factual findings” in support of each of the four criteria. Milin v. Northwest Florida Land, L.C., 870 So. 2d 135, 2003 WL 23094866 (Fla. 1st DCA Dec. 31, 2003).
INJUNCTION QUASHED.
PALMER and MONACO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Yardley v. Ina Marie Albu, 826 So. 2d 467 (Fla. 5th DCA 2002)
- Jackson v. State, 870 So. 2d 135 (Fla. 2d DCA 2003)