THE RESERVE AT WEDGEFIELD HOMEOWNERS', ETC., APPELLANT,
v.
REBECCA L. DIXON, APPELLEE
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A homeowners' association appealed a trial court's order granting a homeowner emergency injunctive relief to prevent foreclosure proceedings on her property for alleged improper assessment of dues on multiple lots. The Fifth District Court of Appeal reversed, holding that the injunction order failed to comply with technical requirements and that the homeowner failed to demonstrate irreparable harm.
The trial court's injunction order must be reversed because it failed to comply with technical requirements (no bond requirement imposed, insufficient factual findings for each element) and because Dixon failed to demonstrate that she would suffer irreparable harm or lack an adequate remedy at law.
[1] An application for a temporary injunction must set forth clear, definite, and unequivocal factual allegations to support a conclusion of irreparable damage.
[2] A temporary injunction is improperly entered when the underlying application lacks sufficient factual allegations to establish irreparable harm.
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Join FLexlaw to unlock all legal intelligence“A preliminary injunction is an extraordinary remedy which should be granted only 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.”
Establishes the four-part legal standard for preliminary injunctive relief that the trial court must properly apply and document.
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Join FLexlaw to unlock all legal intelligenceRebecca Dixon purchased two lots in Reserve at Wedgefield but built only one house on them. Wedgefield assessed homeowners' association dues on both l…
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PALMER, J.
In this non-final appeal, the Reserve at Wedgefield Homeowners’ Association (Wedgefield) appeals the trial court’s order granting Rebecca Dixon’s motion for emergency injunctive relief.1 Determining that the injunction order fails to comply with the technical requirements of the law, and that Dixon failed to make the showing necessary for temporary injunctive relief, we reverse.
Dixon filed a complaint against Wedge-field seeking relief from Wedgefield’s imposition of homeowners’ association dues on her property. The complaint explains that Dixon purchased two lots in the Reserve at Wedgefield, but only one house is located on the lots. Dixon began receiving notifications from Wedgefield that she owed association dues on both lots but, the complaint alleges, Dixon then received notification from the vice president and secretary of Wedgefield indicating that she only owed association dues on one lot (because only one home is located on both lots). The complaint states that Wedge-field continues to assess dues on each of Dixon’s lots and that Wedgefield has filed a claim of lien against Dixon’s property because she has failed to pay said dues.
Along with her complaint, Dixon filed a verified motion for emergency injunctive relief. In her motion, Dixon alleged the same facts as were alleged in her complaint with the additional allegation that Wedgefield had forwarded correspondence to her indicating that Wedgefield would institute foreclosure proceedings against Dixon’s property if she failed to pay the dues which were owed.
The trial court conducted a hearing on Dixon’s injunction motion. Dixon did not present any witness testimony. Instead, she relied solely upon her pleadings and the argument of counsel.
The trial court later entered a written order granting Dixon’s motion for temporary injunction and enjoining Wedgefield from initiating any proceeding to effect the foreclosure or execution of its lien on Dixon’s property. As for findings, the trial court’s order simply states that (1) “because each parcel of real estate is unique unto itself, the foreclosure of plaintiffs property would amount to irreparable harm”, and (2) “under the circumstances of this case, the plaintiff has no adequate remedy at law and has a substantial likelihood of success on the merits of this action.” The court also waived the bond requirement in this case. This appeal timely followed.
Wedgefield argues that the trial court’s injunction order must be reversed because it fails to comply with the technical requirements of the law. We agree.
“A preliminary injunction is an extraordinary remedy which should be granted only 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.” Dragomirecky v. Town of Ponce Inlet, 882 So. 2d 495, 496 (Fla. 5th DCA 2004) (citing to Yardley v. Albu, 826 So. 2d 467, 470 (Fla. 5th DCA 2002)).
Where, as here, a party that is subject to a temporary injunction chooses to file a direct appeal, rather than filing a motion to dissolve the injunction, the scope of appellate court review is limited to “the legal sufficiency of the trial court’s order, the complaint, and any supporting documents.” Yardley v. Albu, 826 So. 2d 467, 469 (Fla. 5th DCA 2002). Applying this standard of review to the instant case, we reverse because the trial court’s order is legally insufficient.
The trial court’s injunction order fails to order Dixon to post a bond and fails to set forth a factual basis to support each of the elements of a temporary injunction (i.e., the likelihood of irreparable harm, the unavailability of an adequate remedy at law, substantial likelihood of success on the merits, and consideration of the public interest). As such, the trial court’s injunction order must be reversed. See Broward County v. Meiklejohn, 936 So. 2d 742 (Fla. 4th DCA 2006) (holding that trial court’s order granting county employee’s motion for preliminary injunction for reinstatement was improper because it contained technical errors in that the order failed to state a factual basis to support each of the elements of a preliminary injunction and the order failed to include a bond); Masters Freight, Inc. v. Servco, Inc., 915 So. 2d 666 (Fla. 2d DCA 2005) (holding 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 and requiring a bond).
In closing we note that, even if the technical deficiencies of the instant injunction order were not dispositive, the entry of temporary injunctive relief in this matter would have been improper because the alleged facts are insufficient to support a conclusion that Dixon would suffer irreparable harm if injunctive relief were not granted and that she does not have an adequate remedy at law. Dixon alleges as irreparable harm the threat that Wedge-field will institute foreclosure proceedings against her property because of the possibility that she may lose her property in the foreclosure. However, no such loss would occur merely by the institution of foreclosure proceedings. Instead, such loss could only occur upon successful prosecution of the foreclosure proceedings, during which Dixon could raise all of the issues raised in her motion for injunctive relief as defenses thereto. See Hutchinson v. Kimzay of Florida, Inc., 637 So. 2d 942 (Fla. 5th DCA 1994) (holding the moving party would not suffer irreparable harm by having issues litigated in a related eviction action, since any argument raised in support of the temporary injunction could be raised in defense of the eviction action).
REVERSED.
THOMPSON and MONACO, JJ., concur. . Appellate jurisdiction is proper pursuant to rule 9.130(a)(3)(B) of the Florida Rules of Appellate Procedure which authorizes appeals from non-final orders which "grant, continue, modify, deny, or dissolve injunctions, or refuse to modify or dissolve injunction".
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Bautista REO U.S., LLC v. ARR Invs., Inc., 229 So. 3d 362 (Fla. 4th DCA 2017)…d lose the property to foreclosure sale at a significantly reduced price than that under the purchase and sale agreement. The initiation of foreclosure proceedings does not constitute irreparable harm. See Reserve at Wedgefield Homeowners’ v. Dixon, 948 So. 2d 65, 67-68 (Fla. 5th DCA 2007) (holding that threat of foreclosure proceedings and potential loss of property does not constitute irreparable harm). The only potential loss is economic, which can be adequately remedied by monetary damages. Adequate Rem…
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THE Ormondy Condo. Mgmt. Ass'n, Inc. v. Folkes (Fla. 5th DCA 2023)…factual findings in the order and without requiring Appellees to post a bond. See Fla. R. Civ. P. 1.610(b)–(c); see also Cabana Key Condo. Ass’n v. Schofield, 278 So. 3d 887, 888 (Fla. 5th DCA 2019); Rsrv. at Wedgefield Homeowners’ Ass’n v. Dixon, 948 So. 2d 65, 67 (Fla. 5th DCA 2007). We agree and reverse on these two grounds and remand for further proceedings consistent with this opinion. We reject Appellant’s arguments that there was not a sufficient controversy to merit a temporary injunction or that…
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Bayfront HMA Med. Ctr. v. Dept. of Health (Fla. 2d DCA 2020)…the functional equivalent of a temporary injunction pending appeal of an entirely separate case, involving different parties, without allegations and proof of facts entitling Northside to such relief. See Reserve at Wedgefield Homeowners' v. Dixon, 948 So. 2d 65, 67 (Fla. 5th DCA 2007) ("A preliminary injunction is an extraordinary remedy which should be granted only if the party seeking the injunction establishes the following criteria: (1) the likelihood of irreparable harm; (2) the unavailability of an a…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Yardley v. Ina Marie Albu, 826 So. 2d 467 (Fla. 5th DCA 2002)
- Masters Freight, Inc. v. Servco, Inc., 915 So. 2d 666 (Fla. 2d DCA 2005)
- Hutchinson v. Kimzay OF Fla., Inc., 637 So. 2d 942 (Fla. 5th DCA 1994)
- Dragomirecky v. Town OF Ponce Inlet, 882 So. 2d 495 (Fla. 5th DCA 2004)
- Broward Cnty. v. Meiklejohn, 936 So. 2d 742 (Fla. 4th DCA 2006)
- Alliant Cap., Ltd. v. Singleton, 835 So. 2d 365 (Fla. 5th DCA 2003)