SOOKSIRI RITTIRUCKSA, APPELLANT,
v.
PATRICIA ANN BARRETTE, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF WILLIAM B. LOWE, 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.
Florida appellate court reversed a temporary injunction granted without an evidentiary hearing, holding that trial courts must conduct an evidentiary hearing and make factual findings before granting injunctive relief.
A trial court must conduct an evidentiary hearing and make sufficient factual findings before granting a temporary injunction, particularly when the motion is unsworn.
[1] An unsworn motion for temporary injunctive relief requires an evidentiary hearing before the trial court may grant relief, and the trial court must make factual findings…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligencePatricia Barrette sought a temporary injunction in a probate proceeding against Sooksiri Rittirucksa. Barrette filed an unsworn motion for injunctive …
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 Temporary Injunction Requirements cases and more on FLexlaw
Sooksiri Rittirucksa appeals a non-final order granting a temporary injunction in favor of Patricia Barrette in a probate proceeding. We reverse and remand for an evidentiary hearing.
To obtain injunctive relief, Barrette was required to establish the likelihood that she would suffer irreparable harm, the unavailability of an adequate remedy at law, a substantial likelihood of her success on the merits, and consideration of the public interest. Avalon Legal Info. Servs., Inc. v. Keating, 110 So.3d 75, 80 (Fla. 5th DCA 2013). Barrette's motion for injunctive relief was unsworn, and thus, the trial court was required to conduct an evidentiary hearing prior to granting injunctive relief. See Delbrouck v. Eberling, 177 So.3d 66, 68-69 (Fla. 4th DCA 2015) (reversing and remanding for an evidentiary hearing because trial court issued temporary injunction without taking evidence). Furthermore, in granting a temporary injunction, the trial court must make factual findings to allow for a meaningful review on appeal. Salazar v. Hometeam Pest Def., Inc., 230 So.3d 619, 621-22 (Fla. 2d DCA 2017). Neither occurred in this case.
Accordingly, we reverse the injunction and remand for the trial court to hold an *1195evidentiary hearing and enter an order with sufficient factual findings.1
REVERSED AND REMANDED.
COHEN, C.J., ORFINGER and WALLIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
THE Shir LAW Grp., P.A. v. Dario Carnevale, 314 So. 3d 523 (Fla. 3d DCA 2021)…four-part injunction test, and the lower court failed to set an appropriate bond. See Eldon v. Perrin, 78 So. 3d 737, 738 (Fla. 4th DCA 2012); Cushman & Wakefield, Inc. v. Cozart, 561 So. 2d 368, 370 (Fla. 2d DCA 1990); Rittirucksa v. Barrette, 254 So. 3d 1194, 1194-95 (Fla. 5th DCA 2018) (“Barrette’s motion for injunctive relief was unsworn, and thus, the trial court was required to conduct an evidentiary hearing prior to granting injunctive ---PAGE 6--- relief.”); Florida High School Activities Ass’…
-
Howell v. Orange Lake Country Club, Inc., 303 So. 3d 1009 (Fla. 5th DCA 2020)…er side has presented any case law which addresses this issue. Contrary to OLCC’s contention, we hold that despite the striking of Appellant’s pleadings, the trial court was required to conduct such an evidentiary hearing. Rittirucksa v. Barrette, 254 So. 3d 1194 (Fla. 5th DCA 2018). Under the unique circumstances of this case, their pleadings having been struck based upon repeated and intentional obstruction of the discovery process, certain facts alleged are now deemed established; specifically, that Appel…
Authorities Cited
- Baltazar Salazar and Walter Salazar Pest Control v. Hometeam Pest Def., Inc., 230 So. 3d 619 (Fla. 2d DCA 2017)
- Avalon Legal Info. Servs., Inc. v. Keating, 110 So. 3d 75 (Fla. 5th DCA 2013)
- Georges M. Delbrouck v. Eberling, 177 So. 3d 66 (Fla. 4th DCA 2015)