L. KNABB ET AL.
v.
M. D. HILL
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The Florida Supreme Court reversed a circuit court's dismissal of an injunction case brought by property owners to prevent alleged waste through removal of temporary structures. The court held that injunctive relief is available to prevent waste without requiring proof of irreparable damage or insolvency.
Injunctive relief is available as a remedy under Florida law to stop waste regardless of any express showing of irreparability of damage or insolvency of a tenant or licensee. The amended bill of complaint contained sufficient allegations of ultimate facts to show waste, and the motion to dismiss should have been denied to allow the case to proceed on the merits.
“injunction is available as a remedy under the law of this State to stop waste, regardless of any express showing of irreparability of the damage, or the insolvency of a tenant or licensee charged with the commission of the alleged waste”
Establishes the core holding that injunctive relief for waste does not require proof of irreparable damage or insolvency
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Join FLexlaw to unlock all legal intelligenceAppellants (complainants below) sought to prevent the defendant from dismantling and removing thirteen shanty houses erected on their real estate for …
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The Circuit Court dissolved a temporary injunction and dismissed appellants’ amended bill of complaint brought against appellee, as defendant below, to pre*273vent certain alleged waste being committed on complainants’ real estate by the dismantling and removing therefrom thirteen shanty houses that had been erected on the lands for the purpose of housing laborers and their families. Appellants, who were complainants below, have appealed from the final decree dismissing the amended bill of complaint..
The decree dissolving the temporary injunction and dismissing the bill of complaint as amended, should be reversed oh the authority of Stephenson v. First National Bank of Winter Haven, 92 Fla. 347, 109 Sou. Rep. 424, wherein this Court held that injunction is available as a remedy under the law of this State to stop waste, regardless of any express showing of irreparability of the damage, or the insolvency of a tenant or licensee charged with the commission of the alleged waste.
The amended bill of complaint in this case contains allegations of ultimate facts which, if true, are sufficient to show the commission by the defendafit below, of what is in law deemed and held to be waste. The motion to dismiss the bill admits the well pleaded allegations of the bill to be true. If the bill contains equity, as we have seen that it did, the motion to dismiss should have been denied and the case retained for final disposition on the merits of any issue developed by an appropriate answer and pertinent evidence offered to show a sufficient basis for determining whether the houses about to be removed were, or were not, of such character that their removal would amount to a waste of the premises, or a mere trespass thereon.
The decree is reversed with directions to reinstate the bill and restore the temporary injunction and have such further proceedings as may be according to law.
Whitfield, Ellis, Terrell, Brown and Buford, J. J., concur.