LOUIS SABETTI AND JANICE SABETTI, INDIVIDUALLY AND AS TRUSTEES OF THE THELMA MURPHY SMITH TESTAMENTARY TRUST
v.
SPENCER SMITH

Fla. 4th DCA | 2020-12-16
No. 20-1732
Florida District Court of Appeal, Fourth District (2020)

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.


Holding

A trial court's order granting a temporary injunction must be supported by specific factual findings on the record, and failure to include such findings requires reversal and remand.


Headnotes

[1] An order granting a temporary injunction must include specific factual findings to support the grant, and the absence of such findings on the record requires reversal and…

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 intelligence

Facts & Procedural History

Appellants Louis and Janice Sabetti, as individuals and trustees of a testamentary trust, appealed a trial court order granting a temporary injunction…

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.

Opinion of the Court

PER CURIAM. We reverse the order granting a temporary injunction. The appellee agrees the appealed order lacks the required factual findings and that remand is required. Fla. R. Civ. P. 1.610(c); Salazar v. Hometeam Pest Def., Inc., 230 So. 3d 619, 622 (Fla. 2d DCA 2017). Because the trial court failed to make the required factual findings, we are unable to address the merits of whether the appellee proved the requisite elements to obtain a temporary injunction. The appellants’ alternative argument that the trial court lacked jurisdiction is without merit.

Reversed and remanded. MAY, DAMOORGIAN, and KLINGENSMITH, JJ., concur.

* * * Not final until disposition of timely filed motion for rehearing.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw