STELLA HOFFMAN, APPELLANT,
v.
ELEANOR S. WHITE, AS CURATOR OF THE ESTATE OF WILLIAM OAKLEY WHITE, DECEASED, AND AETNA LIFE INSURANCE COMPANY, A CORPORATION, APPELLEES
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In a declaratory judgment action over insurance proceeds, the trial court granted a temporary injunction against Stella Hoffman without bond. The appellate court reversed, finding the trial court failed to comply with procedural requirements for issuing injunctions without bond under Florida rules of civil procedure.
A temporary injunction cannot be issued without bond unless the court takes evidence from all parties regarding the truth of the complaint and the moving party's inability to give bond, and then makes findings of fact supporting these conclusions. The trial court's order, which made no such findings and was not supported by the record, was improper.
[1] A temporary injunction may be granted without bond only if the court finds, after taking evidence, that the party seeking the injunction is unable to give bond.
[2] An order granting a temporary injunction without bond must contain findings or reflect essential facts supporting the waiver of bond.
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Join FLexlaw to unlock all legal intelligence“When a temporary injunction is granted, the court shall require the party obtaining it to give bond conditioned for the payment of such costs and damages as may be incurred or suffered by any party who is wrongfully enjoined unless the court, after taking evidence from all parties of the truth of the complaint and the fact that the party seeking the temporary injunction is unable to give bond, finds such to be true, in which event a temporary injunction without bond may be granted.”
Sets forth the procedural requirements for issuing a temporary injunction without bond under Florida Rule of Civil Procedure 1.610(b).
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Join FLexlaw to unlock all legal intelligenceEleanor S. White, as Curator of the Estate of William O. White, filed a declaratory judgment action against Stella Hoffman and Aetna Life Insurance Co…
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In this declaratory judgment action plaintiff, Eleanor S. White, as Curator of the Estate of William O. White, sought a declaration of her rights to certain insurance proceeds paid by defendant, Aetna Life Insurance Company, to defendant,. Stella Hoffman. The trial judge entered a temporary injunction, without bond, enjoining Hoffman from “converting said insurance proceeds to her own use or in any way wasting, dissipating or otherwise giving same way pending Order of this Court.” Hoffman appeals and we reverse.
Our rules of civil procedure, F.R.C.P. 1.610(b), 31 F.S.A., permit the issuance of a temporary injunction without bond under certain conditions, viz.:
“ * * * When a temporary injunction is granted, the court shall require the party obtaining it to give bond conditioned for the payment of such costs and damages as may be incurred or suffered by any party who is wrongfully enjoined unless the court, after taking evidence from all parties of the truth of the complaint and the fact that the party seeking the temporary injunction is unable to give bond, finds such to be true, in which event a temporary injunction without bond may be granted. * * ”
The injunction order under review failed to make findings or reflect essential facts to qualify it under the rule. Likewise, the record is devoid of any showing to support issuance of the temporary injunction without bond. Santona-Nervia Corporation v. Publix Market, Inc., Fla.App.1962, 146 So.2d 394.
For these reasons, the order granting the temporary injunction is reversed and this cause is remanded with directions to the trial judge to vacate the order and to con*44duct such proceedings as may be deemed appropriate to hear and determine whether a temporary injunction should be issued with or without bond in keeping with the views herein expressed.
Reversed and remanded with directions.
McCAIN and OWEN, JJ., and DRIVER, B. J., Associate Judge, concur.
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Quadomain Condo. Ass'n, Inc. v. Pomerantz, 341 So. 2d 1041 (Fla. 4th DCA 1977)…temporary injunction should not have been granted. However, in passing we note that there is no authority for a trial court to enter a temporary injunction without a bond under the circumstances of this case. Fla.R.Civ.P. 1.610(b); Hoffman v. White, 235 So. 2d 43 (Fla.4th DCA1970); McGovern v. Amira, 328 So. 2d 862 (Fla.4th DCA1976). Accordingly, the order appealed from is reversed, and the cause is remanded for further proceedings. REVERSED AND REMANDED. MAGER, C. J., and DAUKSCH, JAMES C., Jr., J., conc…
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Crow v. James, 349 So. 2d 827 (Fla. 3d DCA 1977)…145 (1946); Ginsberg v. City of Daytona Beach, 103 Fla. 168,137 So. 253 (1931); La Gran Familia, Inc., v. Cuba Pharmacy, Inc., 349 So. 2d 769 (Fla. 3d DCA 1977); Leopold v. Richard Bertram & Co., 265 So. 2d 710 (Fla. 3d DCA 1972); Hoffman v. White, 235 So. 2d 43 (Fla. 4th DCA 1970). See also Metropolitan Dade County v. Polk Pools, Inc., 124 So. 2d 737, 740-41 (Fla. 3d DCA 1960). In view of our conclusion herein, it is unnecessary for us to reach any other issue raised by this appeal. The order granting the…1 / 2
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Leopold v. Richard Bertram & Co., 265 So. 2d 710 (Fla. 3d DCA 1972)…thout passing on the merits, we reverse the order granting the temporary injunction because same failed to provide for the posting of a bond. Metropolitan Dade County v. Polk Pools, Inc., Fla.App.1960, 124 So. 2d 737; Hoffman v. White, Fla.App.1970, 235 So. 2d 43; Berry v. Morgan Adhesives Co., Fla.App.1972, 262 So. 2d 691; Rule 1.610(b), R.C.P., 31 F.S.A.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Santona-Nervia Corp. v. Publix Mkt., Inc., 146 So. 2d 394 (Fla. 3d DCA 1962)