FLORIDA GEORGIA GROVE, LLP, APPELLANT,
v.
COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA; TED SMALLWOOD'S STORE, INC., A FLORIDA NONPROFIT CORPORATION; AND T.D. BANK, N.A., A NATIONAL BANK, APPELLEES

Fla. 2d DCA | 2012-08-10
No. 2D11-5636
NORTHCUTT and VILLANTI, JJ., Concur.
95 So. 3d 948 Florida District Court of Appeal, Second District (2012) Positive Treatment
Cited by 1 case

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Holding

The court held that the circuit court erred in setting a bond amount for a temporary injunction without first holding an evidentiary hearing to determine the appropriate amount.


Headnotes

[1] A court must hold an evidentiary hearing to determine the appropriate amount of a bond for a temporary injunction, allowing both parties to present evidence.

[2] The purpose of an injunction bond is to cover the adverse party's costs and damages if the injunction is wrongfully issued.

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Facts & Procedural History

Collier County and Smallwood sought a right of access over Florida Georgia's property to Smallwood's adjacent property. Florida Georgia blocked access…

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Opinion of the Court
WALLACE, Judge.

*949WALLACE, Judge.

Florida Georgia Grove, LLP, appeals a temporary injunction entered in an action filed by Collier County and Ted Small-wood’s Store, Inc. (Smallwood), against Florida Georgia and others.1 In their action, Collier County and Smallwood sought to establish a right of access over Mamie Street on Florida Georgia’s property to the adjacent property owned by Small-wood. The events which precipitated the filing of the action were the erection by Florida Georgia of barricades blocking access to Smallwood’s property and the destruction by Florida Georgia of the pavement on the portion of Mamie Street crossing its property.2 The circuit court granted a temporary injunction requiring Florida Georgia to remove the barricades and to “restore and repave Mamie Street” to provide a “sufficient paved surface that can accommodate and allow for ingress and egress by [Smallwood] and the general public to and from the Smallwood Property.”

On appeal, Florida Georgia raises multiple arguments challenging the entry of the order granting the temporary injunction. However, after careful review of the record, the arguments, and the applicable law, we conclude that each of Florida Georgia’s arguments is without merit, save one. We agree with Florida Georgia that the circuit court erred in directing Smallwood to post a bond in the amount of $10,000 without first holding an evidentia-ry hearing to address the appropriate amount of a bond.

Florida Rule of Civil Procedure 1.610(b) provides, in pertinent part, as follows:

No temporary injunction shall be entered unless a bond is given by the movant in an amount the court deems proper, conditioned for the payment of costs and damages sustained by the adverse party if the adverse party is wrongfully enjoined. When any injunction is issued on the pleading of a municipality or the state or any officer, agency, or political subdivision thereof, the court may require or dispense with a bond, with or without surety, and conditioned in the same manner, having due regard for the public interest.

Thus, although Collier County may not be required to post a bond, Smallwood was required to do so.

The purpose of an injunction bond is to provide sufficient funds to cover the adverse party’s costs and damages if the injunction is wrongfully issued. Longshore Lakes Joint Venture v. Mundy, 616 So.2d 1047, 1048 (Fla. 2d DCA 1993). Since damages recoverable for wrongfully obtaining an injunction are limited to the amount of the injunction bond, the court must provide both parties the opportunity to present evidence as to the amount of an appropriate bond. Id.

Richard v. Behavioral Healthcare Options, Inc., 647 So.2d 976, 978 (Fla. 2d DCA 1994) (emphasis added); see also Offshore Marine Towing, Inc. v. Sea Tow Servs. *950 Int'l Inc., 778 So.2d 510, 511 (Fla. 4th DCA 2001) (noting same).

Here, Florida Georgia specifically requested the opportunity to present evidence on the appropriate amount of a bond, noting that it could not do so until it knew the nature of any relief granted by the circuit court. The circuit court apparently recognized that Florida Georgia was entitled to such an evidentiary hearing. Nevertheless, after announcing its oral ruling granting the temporary injunction, the circuit court simply set the bond amount at $10,000. In making his ruling, the circuit court judge acknowledged that he was “not a highway person” for the purpose of determining the type of paving required for the restoration of Mamie Street. Yet he determined the amount of the bond to cover the cost of such paving without hearing any evidence about the appropriate amount or giving the parties the opportunity to present such evidence.

Based on the foregoing authorities, we conclude that the circuit court erred in setting a bond without holding an eviden-tiary hearing on the appropriate amount. See Richard, 647 So.2d at 978; Offshore Marine Towing, 778 So.2d at 511. Accordingly, we direct the circuit court on remand to hold an evidentiary hearing on the appropriate amount of a bond and to enter an order requiring Smallwood to post a bond in an amount consistent with the circuit court’s findings based on the evidence.3 Pending the evidentiary hearing and the circuit court’s determination of the appropriate amount of the bond, the $10,000 bond shall remain in effect.

We reject Florida Georgia’s other appellate arguments, and we affirm the issuance of the temporary injunction without further discussion.

Affirmed in part and remanded for further proceedings in part.

NORTHCUTT and VILLANTI, JJ., Concur.


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  • Phelan v. Trifactor Solutions, LLC, 312 So. 3d 1036 (Fla. 2d DCA 2021)
    …movant in an amount the court deems proper." Fla. R. Civ. P. 1.610(b). And it is well-established that a trial court must "hold[ ] an evidentiary hearing to address the appropriate amount - 4 - of a bond." Fla. Ga. Grove, LLP v. Collier County, 95 So. 3d 948, 949 (Fla. 2d DCA 2012). A temporary injunction that does not include specific findings on each of the required elements needed for issuance of an injunction must be reversed. See Salazar, 230 So. 3d at 621-622 (collecting cases). The order on rev…

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