FRED M. CONE, JR., INDIVIDUALLY AND AS TRUSTEE OF THE CONE FAMILY TRUST, THE CELIA CONE TESTAMENTARY TRUST UNDER WILL DATED APRIL 16, 1982, AND THE CELIA M. CONE IRREVOCABLE TRUST, APPELLANT,
v.
SUSAN CONE ANDERSON, AS BENEFICIARY OF THE CONE FAMILY TRUST, THE CELIA CONE TESTAMENTARY TRUST UNDER WILL DATED APRIL 16, 1982, AND THE CELIA M. CONE IRREVOCABLE TRUST, AND AS TRUSTEE OF THE CELIA M. CONE IRREVOCABLE TRUST, APPELLEE
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The appellate court reversed and quashed an injunction because the trial court failed to comply with Florida Rule of Civil Procedure 1.610's requirements for issuing injunctions, even though the order was merely intended to preserve the status quo.
An order that is injunctive in nature must comply with Florida Rule of Civil Procedure 1.610 requirements regardless of the trial court's intent to preserve status quo.
[1] An order that is injunctive in nature must comply with Florida Rule of Civil Procedure 1.610 requirements even if the trial court intended the order merely to preserve th…
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Join FLexlaw to unlock all legal intelligenceFred M. Cone, Jr., as trustee of multiple trusts, appealed a trial court order that enjoined him from seeking compensation until further order of the …
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PER CURIAM.
“[T]he lower court’s compliance with the requirements of law when issuing an injunction is a matter within the purview of a reviewing court.” United Farm Workers of Am., AFL-CIO v. Quincy Corp., 681 So. 2d 773, 776 (Fla. 1st DCA 1996); see Terex Trailer Corp. v. McIlwain, 579 So. 2d 237, 240 (Fla. 1st DCA 1991) (“An appellate court has broad authority to review nonfinal orders concerning injunctive relief, even extending to orders subject to characterization as an order ‘in the nature of a mandatory injunction under Fla. R.App. P. 9.130(a)(3)(B).’ ” (quoting Seigle v. Barry, 422 So. 2d 63, 64 (Fla. 4th DCA 1982))).
Florida Rule of Civil Procedure 1.610 governs injunctions. If the language of an order is injunctive in nature, the order must comply with the requirements for the issuance of an injunction, even if the trial court merely intended to preserve the status quo in the order. See Spradley v. Old Harmony Baptist Church, 721 So. 2d 735, 737 (Fla. 1st DCA 1998). In the present case, the trial court “enjoined” Cone from seeking any and all compensation until “further order of this Court or any other Court of competent jurisdiction.” Clearly, the language of the order is in-junctive in nature. Appellee concedes that the trial court did not comply with rule 1.610. Accordingly, we REVERSE the order and QUASH the injunction.
BENTON and LEWIS, JJ., and SILVERMAN, SCOTT J., Associate Judge, concur.
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Orange Cnty. v. Fla. Ass'n FOR Constitutional Officers, Inc., 229 So. 3d 867 (Fla. 5th DCA 2017)…to this rule, district courts have the authority to review orders that, although not labeled an. injunction, grant injunctive relief. See City of Sunny Isles Beach v. Temple B’Nai Zion, Inc., 43 So. 3d 904, 906 (Fla. 3d DCA 2010); Cone v. Anderson, 944 So. 2d 1073, 1074 (Fla. 1st DCA 2006). Here, the trial court’s order barred the County from implementing and enforcing the Charter amendments until further order of the court and, thus, constitutes a non-final order granting injunction relief. See Cone, 944 So.…
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Caron v. Caron (Fla. 4th DCA 2025)
Authorities Cited
- Seigle v. Barry, 422 So. 2d 63 (Fla. 4th DCA 1982)
- United Farm Workers OF Am., AFL-CIO v. Quincy Corp., 681 So. 2d 773 (Fla. 1st DCA 1996)
- W.J. Spradley, Jr. v. OLD Harmony Baptist Church, 721 So. 2d 735 (Fla. 1st DCA 1998)
- Terex Trailer Corp. v. McILWAIN, 579 So. 2d 237 (Fla. 1st DCA 1991)