CARPENTERS DISTRICT COUNCIL OF JACKSONVILLE AND VICINITY, A LABOR ORGANIZATION, AND AS AN UNINCORPORATED ASSOCIATION, BY AND THROUGH JOHN H. SEA, BUSINESS REPRESENTATIVE THEREOF, ET AL., RELATORS,
v.
THE HONORABLE ROGER J. WAYBRIGHT, AS CIRCUIT JUDGE OF THE FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA, RESPONDENT
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The court amended its prior order on mandate to grant a writ of prohibition, restraining the lower court from further jurisdiction except to dissolve the injunction and consider damages.
[1] A state court lacks jurisdiction to issue an injunction when the underlying dispute constitutes an unfair labor practice within the exclusive jurisdiction of the National…
[2] A wrongfully entered injunction may be dissolved, and the enjoined party may be afforded an opportunity to claim damages and attorney fees.
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Join FLexlaw to unlock all legal intelligenceA temporary injunction was issued against a union for violating a no-strike clause. The union sought prohibition, arguing exclusive NLRB jurisdiction.…
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ON MOTION TO AMEND ORDER ON MANDATE
On April 23, 1971, the Circuit Court of Duval County, Judge Waybright presiding, issued a temporary injunction against Carpenters District Council of Jacksonville in order to avert a violation of a “no-strike” provision in a collective bargaining agreement. The Carpenters District Council petitioned this court for a writ of prohibition on the basis that the circuit court had no jurisdiction since the strike constituted an unfair labor practice within the exclusive jurisdiction of the National Labor Relations Board. This court denied the petition for writ of prohibition, 248 So.2d 176. The Supreme Court reversed this court’s decision 279 So.2d 300, and stated:
“. . . we hold that the'rule of law enunciated in Sheetmetal Workers’ applies and that the District Court erred in failing to prohibit the further exercise of jurisdiction by the Circuit Court. Accordingly, the decision of the District Court of Appeal, First District, is vacated and the cause is remanded to that Court for further proceedings not inconsistent with the decision herein.”
Consequently, this court on July 31, 1973, entered an order on mandate whereby the earlier opinion was set aside and the opinion of the Supreme Court was adopted.
The Carpenters District Council then moved the lower court to dissolve the injunction, assess and award damages and dismiss the complaint with prejudice. At the same time, William E. Arnold Company moved to stay the proceedings pending certiorari review by the United States Supreme Court. The trial court declined to act on either motion and the Carpenters District Council filed the present motion for amendment or clarification of order on mandate, requesting this court to direct the lower court to exercise further jurisdiction over this cause for the purposes of dissolving the injunction, dismissing the complaint and assessing and awarding damages.
The William E. Arnold Company filed a motion in opposition to Carpenters District Council’s motion whereby it requests that the motion be denied or in the alternative that this court stay further proceedings in the trial court or amend its order on mandate to authorize the trial court to rule on the motion to stay.
We think petitioners’ motion for amendment of our order of July 31, 1973, entered upon the coming down of the Supreme Court’s decision is appropriate. By said order, we merely adopted the Supreme Court’s decision which is reported at 279 So.2d 300 as the decision of this court. We failed to enter our writ of prohibition restraining the respondent from exercising any further jurisdiction respecting the temporary injunction issued by him against petitioners, yet it is clear from the Supreme Court’s decision that we should have done so.
Further, since it is held that the lower court acted in excess of its jurisdiction by the entry of the temporary injunction against petitioners, the same should *195now be dissolved and petitioners should be afforded an opportunity to claim damages, if any, by appropriate action before the trial court. Damages and attorney fees are recoverable where an injunction is wrongfully entered. See Section 60.07, Florida Statutes, F.S.A.; Nicholas v. Willmott, 175 So.2d 592 (Fla.App.1965); National Surety Co. v. Willys-Overland, Inc., 103 Fla. 738, 138 So. 24 (1931).
Accordingly, our order on mandate of July 31, 1973, is amended hereby and the writ of prohibition initially prayed for by petitioner is granted restraining the respondent from exercising any further jurisdiction in the underlying cause of action except for the purpose of dissolving the temporary injunction heretofore entered in the underlying cause and except for the further purpose of considering and acting upon petitioners’ motion for assessment of damages and attorney fees pursuant to the authorities cited above.
The motion for stay and superse-deas filed herein by William E. Arnold Company, a Florida corporation, plaintiff in the underlying injunction action, is well founded and the writ of prohibition issued herein together with our directions to the trial court for further proceedings respecting dissolution of the temporary injunction and award of damages are stayed pending determination of the review thereof sought by said movant in the United States Supreme Court, provided that said review is timely sought and provided further that the said William E. Arnold Company, a Florida corporation, shall give good and sufficient supersedeas bond in the amount of $5,000.00, conditioned to pay such damages and costs as may be incurred by petitioners because of the continuation of the temporary injunction in the underlying cause of action and as a result of further prosecution of this action in the United States Supreme Court.
CARROLL, DONALD K„ Acting C. J., and WIGGINTON, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hathcock v. Hathcock, 533 So. 2d 802 (Fla. 1st DCA 1988)…ial court, to compensatory and punitive damages and attorney’s fees as determined by the trial court based upon the erroneous issuance of the temporary order. As authority, appellant cites to Carpenters District Council of Jacksonville v. Waybright, 282 So. 2d 193 (Fla. 1st DCA 1973) and Braun v. Intercontinental Bank, 452 So. 2d 998 (Fla. 3rd DCA 1984). Both cases rely upon Section 60.07, Florida Statutes,4 in holding that a defendant is entitled to recover damages (including attorney’s fees) which resulted…
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Calder Race Course, Inc. v. Gaitan, 430 So. 2d 975 (Fla. 3d DCA 1983)…nc. v. B & G Horse Transportation, Inc., 403 So. 2d 1058 (Fla. 3d DCA 1981); Knight v. Global Contact Lens, Inc., 319 So. 2d 622 (Fla. 3d DCA 1975), cert. denied, 336 So. 2d 1182 (Fla.1976); Carpenters Dis trict Council of Jacksonville v. Waybright, 282 So. 2d 193 (Fla. 1st DCA 1973); Global Contact Lens, Inc. v. Knight, 254 So. 2d 807 (Fla. 3d DCA 1971), cert. denied, 260 So. 2d 520 (Fla.1972); Aviation Investments, Inc. v. Johanson, 177 So. 2d 369 (Fla. 3d DCA 1965); Seven-Up Bottling Co. of Miami, Inc. v.…
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Vital Pharms., Inc. v. Prof'l Supplements, LLC, 210 So. 3d 766 (Fla. 4th DCA 2017)…ial court, to compensatory and punitive damages and attorney’s fees as determined by the trial court based upon the erroneous issuance of the temporary order. As authority, appellant cites to Carpenters District Council of Jacksonville v. Waybright, 282 So. 2d 193 (Fla. 1st DCA 1973), and Braun v. Intercontinental Bank, 452 So. 2d 998 (Fla. 3d DCA 1984). Both cases rely upon Section 60.07, Florida Statutes, in holding that a defendant is entitled to recover damages (including attorney’s fees) which resulted f…
Authorities Cited
- Nat'l Sur. Co. v. Willys-Overland, Inc., 103 Fla. 738 (Fla. 1931)
- Wood v. City OF Jacksonville, 248 So. 2d 176 (Fla. 1st DCA 1971)
- LEE v. Johnston, 279 So. 2d 300 (Fla. 1973)
- Carpenters Dist. Council OF Jacksonville & Vicinity v. The Honorable Roger J. Waybright, 279 So. 2d 300 (Fla. 1973)
- Nicholas v. Willmott, 175 So. 2d 592 (Fla. 3d DCA 1965)
- Burnell Johnson v. State, 175 So. 2d 592 (Fla. 3d DCA 1965)