TROY A. FERRIS AND LORA FERRIS, APPELLANT,
v.
CONSTANCE FERRIS, 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.
The court held that a temporary injunction must include specific findings supporting the four required criteria and the reasons for its entry.
Appellants appealed a temporary injunction. The trial court's order failed to specify the reasons for the injunction or set forth clear factual findin…
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 Florida Rule Of Civil Procedure 1.610(C) cases and more on FLexlaw
ORFINGER, J.
Troy A. and Lora Ferris appeal the entry of a temporary injunction. We reverse the injunction because the trial court failed to make the requisite findings.
A temporary injunction is an extraordinary remedy that should be granted sparingly, and only entered if the party seeking the injunction establishes (1) the likelihood of irreparable harm; (2) the unavailability of an adequate remedy at law; (3) a 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). Before entering a temporary injunction, the trial court must comply with Florida Rule of Civil Procedure 1.610(c) by specifying the reasons for the entry of the injunction and describing in reasonable detail the act or acts restrained without reference to a pleading or another document. Id. The court must also set forth clear and definite factual findings in support of each of the four criteria. Milin v. Northwest Florida Land, L.C., 870 So. 2d 135, 136 (Fla. 1st DCA 2003). On its face, the order being reviewed fails to meet these requirements. Accordingly, the temporary injunction is reversed and this matter is remanded for further proceedings.1
REVERSED and REMANDED.
THOMPSON and PALMER, JJ., concur. . We express no opinion on the merits in the family dispute. We note, however, that no transcript of the injunction hearing was provided to us. As a result, we do not inquire into the factual matters presented; instead, our inquiry is limited to the legal sufficiency of the trial court's order.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
DiCHRISTOPHER v. Bd. OF Cnty. Comm'rs, 908 So. 2d 492 (Fla. 5th DCA 2005)…Fla. 5th DCA 1987). However, the ability to plead alternative bases for relief does not mean that the plaintiff is entitled to a temporary injunction. A temporary injunction is properly entered only in extraordinary circumstances. Ferris v. Ferris, 895 So. 2d 540 (Fla. 5th DCA 2005); City of Dania Beach v. Konschnik, 763 So. 2d 555 (Fla. 4th DCA 2000). To obtain a temporary injunction, the party seeking the injunction must establish that: (1) irreparable injury will result if the injunction is not granted, (…
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)