AVIATION INVESTMENTS, INC., D/B/A AIR INTERNATIONAL, APPELLANT,
v.
HARRY M. JOHANSON, DANIEL VASQUEZ AND HIGHWAY INSURANCE COMPANY, AS SURETY, APPELLEES
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.
Aviation Investments appealed a judgment awarding damages under an injunction bond, challenging the denial of storage costs for an airplane and an award of $700 in attorney's fees. The court affirmed, holding that the evidence did not establish a certain and definite amount of storage costs and that attorney's fees for injunction damages must be limited to services rendered as a result of the wrongful issuance.
The court affirmed the trial court's decision, holding that even assuming the appellant was entitled to storage costs as a matter of law, the evidence did not prove a certain and definite amount of storage costs for a fixed period to permit an award of damages. Attorney's fees awarded as damages for wrongful issuance of an injunction must be restricted to services rendered as a direct result of the wrongful issuance, not all litigation services.
“the evidence produced did not prove a certain and definite amount of storage costs for a fixed period of time in order to permit the trial judge to intelligently award damages in this matter”
Establishes that damages for storage costs were properly denied due to lack of proof of a definite amount
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAn action of replevin was instituted, followed approximately seven days later by a petition for injunction by the appellees raising the same issues an…
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 Injunction Bond Damages cases and more on FLexlaw
This is an appeal from a final judgment awarding damages under an injunction bond. The issues before the court are the validity of the order denying the appellant the right to storage costs for an airplane, and the award of Seven Hundred Dollars as attorney’s fees. There is no reason to *370burden the opinion with the unnecessary ¡pleadings in the trial court. It is sufficient to point out that an action of replevin was ■originally instituted and that approximately seven days thereafter a petition for injunction alleging the same issues and facts was ■filed by the appellees. An injunction bond ■was obtained by the plaintiff, and on final Rearing an order was entered reciting that .all claims against the appellant were with•drawn.
Subsequent to the final decree a motion was filed by the appellant to assess damages xmder the injunction. The court construed this motion as a complaint under Section 64.16, Florida Statutes, F.S.A., and .a final hearing was held to determine the amount of damages, if any, which were sustained by the appellant as a result of the improvident issuance of the injunction “bond. No motions or answer were filed by ■the surety or the appellee.
The final judgment recited that there was insufficient evidence to award damages to -the appellant for storage costs as a proximate result of the improvident entry of the temporary injunction.
Assuming, arguendo, that the appellant was entitled to the storage costs as .a matter of law, an examination of the record compels us to agree with the learned trial judge that the evidence produced did not prove a certain and definite amount of storage costs for a fixed period of time in ■order to permit the trial judge to intelligently award damages in this matter. See Florida Ventilated Awning Co. v. Dickson, Fla.1953, 67 So.2d 215; Berwick Corp. v. Kleinginna Investment Corp., Fla.App. 1962, 143 So.2d 684.
The temporary injunction simply sought to maintain the status quo during the pendency of the litigation. The trial court denied the appellant’s complaint for attorney’s fees which were predicated upon work done during the entire litigation in the trial court and only awarded attorney’s fees in connection with its efforts to dissolve the temporary injunction. The award was approximately one-half of the attorney’s fees sought by the appellant. Attorney’s fees awarded as damages for a wrongful issuance of an injunction must be restricted to the services rendered as a result of the wrongful issuance of the order. United Bonding Ins. Co. v. Presidential Ins. Co., Fla.App.1963, 155 So.2d 635.
We do not believe that there was error committed by the trial court in this matter. For the reasons above stated, we affirm the decision of the trial court.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Braun v. Intercontinental Bank, 452 So. 2d 998 (Fla. 3d DCA 1984)…nd responding to the motion for stay filed in this court. Attorney’s fees awarded as damages for the wrongful issuance of an injunction must be restricted to services rendered in undoing a wrongful injunction. Aviation Investments, Inc. v. Johanson, 177 So. 2d 369 (Fla. 3d DCA 1965); United Bonding Insurance Co. v. Presidential Insurance Co., 155 So. 2d 635 (Fla. 2d DCA 1963). The award of fees was proper only insofar as it was based on appellee’s efforts to dissolve the stay. On remand, the trial court shoul…
-
Lake Worth Broad. Corp. v. Hispanic Broad., Inc., 495 So. 2d 1234 (Fla. 3d DCA 1986)…h he incurred in seeking to set aside the temporary injunction; indeed, the required bond posted as a condition for the issuance of the temporary injunction was [*1235] intended to cover just such damages. See Aviation Investments, Inc. v. Johanson, 177 So. 2d 369 (Fla. 3d DCA 1965); United Bonding Insurance Co. of Indianapolis v. Presidential Insurance Co., 155 So. 2d 635 (Fla. 2d DCA 1963); Roger Dean Chevrolet, Inc. v. Painters, Decorators & Paperhangers of America, Local No. 452, 155 So. 2d 422 (Fla. 2d D…
-
Global Contact Lens, Inc. v. Knight, 254 So. 2d 807 (Fla. 3d DCA 1971)…, the general rule is that attorney’s fees awarded as damages for wrongful issuance of an injunction must be restricted to the services rendered as a result of the wrongful issuance of the order. Aviation Investments, Inc. v. Johanson, Fla.App.1965, 177 So. 2d 369; United Bonding Ins. Co. v. Presidential Ins. Co., Fla.App.1963, 155 So. 2d 635. There is an exception recognized, however, in Roger Dean Chevrolet, Inc. v. Painters, Etc., Local No. 452, Fla.App.1963, 155 So. 2d 422, 425, the court explained: “We…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fla. Ventilated Awning Co., Inc. v. Dickson, 67 So. 2d 215 (Fla. 1953)
- Berwick Corp. v. Kleinginna Inv. Corp., 143 So. 2d 684 (Fla. 3d DCA 1962)
- United Bonding Ins. Co. OF Indianapolis v. Presidential Ins. Co., 155 So. 2d 635 (Fla. 2d DCA 1963)