MJR MINTON, LLC
v.
LONG DOGGERS EATERIES
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An affirmed permanent injunction may be modified by the trial court if changed circumstances make such modification equitable.
[1] A trial court retains jurisdiction to modify a permanent injunction when changed circumstances make modification equitable, and such modification does not deprive the ori…
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Join FLexlaw to unlock all legal intelligence“a trial court necessarily retains jurisdiction to modify a permanent injunction when changed circumstances make it equitable to do so.”
Citation to Miranda v. Pacheco Entm't Prod. Enter., discussing the trial court's continuing authority over injunctions
MJR Minton, LLC and CRE Fund, LLC appealed the Amended Final Judgment issued by the circuit court against Long Doggers Eateries, Inc. The judgment inc…
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PER CURIAM.
We affirm the Amended Final Judgment without prejudice to the parties seeking modification of the previously-issued permanent injunction in light of the potential for changed circumstances resulting from the final judgment. See Jackson Grain Co. v. Lee,
7 So. 2d 143, 146 (Fla. 1942) ("Where the grounds and reasons for which the injunction was granted no longer exist, by reason of changed conditions, it may be necessary to alter the decree to adapt it to such changed conditions, or to set it aside altogether, as where there is a change in the controlling facts on which the injunction rests, or where the applicable law, common or statutory, has in the meantime been changed, modified, or extended. Such change in the law does not deprive the complainant of any vested right in the injunction because no such vested right exists."); Miranda v. Pacheco Entm't Prod.
Enter., 220 So. 3d 523, 527 (Fla. 3d DCA 2017) ("[A] trial court necessarily retains jurisdiction to modify a permanent injunction when changed circumstances make it equitable to do so." (citing Hale v. Miracle Enter., 517 So. 2d 102, 103 (Fla. 3d DCA
1987))).
AFFIRMED. PALMER, ORFINGER, JJ., and MUNYON, L., Associate Judge, concur.
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Anderson v. Trade Winds Enters. Corp., 241 So. 2d 174 (Fla. 4th DCA 1970)…he scope of the pleadings in the prior suit and was not in fact litigated in the prior suit. This being the case it is obvious that neither the bar of res judicata nor estoppel by judgment is applicable. Jackson Grain Co. v. Lee, 1942, 150 Fla. 232, 7 So. 2d 143; Caldwell, for Use and Benefit of Hawkins v. Massachusetts Bonding & Insurance Co., 1947, 158 Fla. 677, 29 So. 2d 694; Shirley v. Shirley, Fla.App.1958, 100 So. 2d 450; Hinchee v. Fisher, Fla. 1957, 93 So. 2d 351. Next the appellees argue that the…
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Seaboard Rendering Co. v. Conlon, 152 Fla. 723 (Fla. 1943)
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Brinkley v. Cnty. OF Flagler, 769 So. 2d 468 (Fla. 5th DCA 2000)…injunction that was entered “is subject to change, modification or termination, upon her petition when warranted by evidence that she can properly assume care of animals in a responsible manner.” See generally Jackson Grain Co. v. Lee, 150 Fla. 232, 7 So. 2d 143 (1942). Because legislative protection of animals from harassment and ill-treatment is a valid exercise of police power, we find Brinkley’s argument of constitutional infirmity to be without merit. See C.E. America, Inc. v. Antinori, 210 So. 2d 443…
Previewing 3 of 20 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jackson Grain Co. v. LEE, 150 Fla. 232 (Fla. 1942)
- Miranda v. Pacheco Ent. Prod. Enters., Inc., 220 So. 3d 523 (Fla. 3d DCA 2017)
- Hale v. Miracle Enters. Corp. & Stanley S. Davidson, 517 So. 2d 102 (Fla. 3d DCA 1987)