ST. SOPHIA GREEK ORTHODOX COMMUNITY, A FLORIDA CORPORATION NOT FOR PROFIT, ET AL., APPELLANTS,
v.
PETER VAMVAKS ET AL., APPELLEES
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The court held that the notice given for the temporary injunction was adequate and the relief granted was temporary in nature, complying with procedural rules. The court also held that denying a jury trial in an equitable case was within the lower court's discretion.
Newly elected board members (appellees) sued the former board members (appellants) of a nonprofit corporation for injunction and other relief. The cha…
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Appellees herein are the newly elected members of the governing body of the St. Sophia Greek Orthodox Community, a nonprofit corporation. This cause was originally instituted upon appellees’ complaint for injunction and other equitable relief against appellants, who comprise the former governing body of the corporation.
Upon petition by plamtiffs-appellees, the chancellor granted the following temporary relief: 1. appellants were enjoined from conducting or attempting to conduct an election of officers by the members of the St. Sophia Greek Orthodox Community pending further order of the court; 2. appellants were ordered to turn over to ap-pellees all books and records of the corporation; and, 3. appellants were restrained from interfering with appellees’ operation of the non-profit corporation until final hearing. The lower court also entered an order denying appellants’ request for jury trial. Appellants now seek review of the orders granting such relief by interlocutory appeal.
We are unable to agree with appellants’ contentions regarding notice and nature of relief. There is ample provision in Rule 1.610, Florida Rules of Civil Procedure, 31 F.S.A., for the granting of a temporary injunction without notice when the requisite situation occurs. We are of the opinion that the notice given appellants in this case was adequate to meet the requirements of the rule. We conclude also that the relief granted was temporary in nature and in compliance with the provisions of Rule 1.610, Florida Rules of Civil Procedure, supra.
It is settled that the submission of questions of fact to a jury in cases involving equitable relief, which questions are traditionally within the province of the chancellor, is a matter within the judicial discretion of the lower court. Berg v. New York Life Insurance Company, Fla. 1956, 88 So.2d 915. Appellants in this case have failed to show an abuse of that discretion. Accordingly, the orders appealed will be affirmed.
Affirmed.
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Allstate Ins. Co. v. Vanater, 297 So. 2d 293 (Fla. 1974)…Alderman, 238 So. 2d 678 (Fla.App.2d 1970). . Berg v. New York Life Ins. Co., 88 So. 2d 915 (Fla.1956); Sanitary Linen Service Co. v. Executive Uniform Rental, Inc., 270 So. 2d 432 (Fla.App.3d 1972); St. Sophia Greek Orthodox Community v. Vamvaks, 213 So. 2d 313 (Fla.App.3d 1968).…
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In re the Est. of Lester Wartels v. Wartels, 338 So. 2d 48 (Fla. 3d DCA 1976)…elief, which questions are traditionally within the province of the trial judge, is a matter within the discretion of the trial judge. Berg v. New York Life Insurance Company, 88 So. 2d 915 (Fla.1956); St. Sophia Greek Orthodox Community v. Vamvaks, 213 So. 2d 313 (Fla.App.3d 1968); Sanitary Linen Service Company v. Executive Uniform Rental, Inc., 270 So. 2d 432 (Fla.App.3d 1972). No abuse of that discretion has been shown by the appellant herein. The second reason is that the record demonstrates that the qu…
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Sanitary Linen Serv. Co. of Fla. v. Executive Unif. Rental, Inc., 270 So. 2d 432 (Fla. 3d DCA 1972)…n the judicial discretion of the lower court. Berg v. New York Life In [*433] surance Co., Fla.1956, 88 So. 2d 915; Degge v. First State Bank of Eustis, 145 Fla. 438, 199 So. 564 (1941); St. Sophia Greek Orthodox Community v. Vamvaks, Fla.App. 1968, 213 So. 2d 313. Appellants have failed to show any abuse of that discretion in the case sub judice, therefore, the order denying appellants’ motion to strike the demand for jury trial will be affirmed and the trial judge is directed to exercise his discretion as t…
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- Berg v. NEW York Life Ins. Co., 88 So. 2d 915 (Fla. 1956)