THOMAS BYRNE AND ISABELLE BYRNE, HIS WIFE, APPELLANTS,
v.
REC CENTERS, INC., A FLORIDA CORPORATION, APPELLEE
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The court reversed a temporary injunction because the trial court failed to require the plaintiff to post bond as mandated by Rule 1.610(b) RCP, but allowed reinstatement upon proper bonding.
A trial court must require a plaintiff to post bond as a condition of granting a temporary injunction when the plaintiff admits ability to post bond, as mandated by Rule 1.610(b) RCP.
[1] A trial court must require a plaintiff to post bond as a mandatory condition of granting a temporary injunction when the plaintiff admits ability to post bond under Rule…
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Join FLexlaw to unlock all legal intelligenceDefendants sought interlocutory appeal of a temporary injunction restraining them from entering or using certain property of the plaintiff.…
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PER CURIAM.
On this interlocutory appeal by defendants the issue is whether a temporary injunction by which defendants are temporarily restrained and enjoined from entering upon or using certain property of the plaintiff was improperly entered because (1) plaintiff had adequate remedies at law, (2) plaintiff would not suffer irreparable harm, and (3) plaintiff was not required to post bond as required by Rule 1.610(b) RCP. On the basis of our review of the record and in consideration of the briefs and oral argument of counsel for the respective parties, we conclude that only the point labeled (3) has merit. Plaintiff admitted its ability to post bond and under such circumstances it was mandatory under Rule 1.-610(b) RCP that the trial court, as a condition to granting the temporary injunction, require the plaintiff to post bond conditioned for the payment of such costs and damages as may be incurred or suffered by defendants in the event it is ultimately determined that defendants were wrongfully enjoined by the temporary injunction. See International Brotherhood of Teamsters, etc. v. Miami Retail Grocers, Inc., Fla. 1954, 76 So. 2d 491.
The order granting the temporary injunction is reversed, but upon remand plaintiff shall be entitled to have the injunction reinstated upon the posting of an injunction bond as required by Rule 1.-610(b) RCP in such amount as the court shall determine to be proper after notice and hearing.
Reversed and remanded with directions.
OWEN, C. J., and CROSS and DOW-NEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Minimatic Components, Inc. v. Westinghouse Elec. Corp., 494 So. 2d 303 (Fla. 4th DCA 1986)…ting circumstances emasculates the salutary purpose of the rule; therefore, the posting of a bond is mandatory in most instances. See Int’l Brotherhood of Teamsters v. Miami Retail Grocers, Inc., 76 So. 2d 491 (Fla.1954); Byrne v. Rec Centers, Inc., 309 So. 2d 177 (Fla. 4th DCA 1975). Accordingly, we hold that bond in this case was grossly inadequate. For the foregoing reasons we reverse and remand with the direction that the injunction be vacated. REVERSED AND REMANDED WITH DIRECTION. DELL and WALDEN, JJ.…
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LA Gran Familia, Inc. v. Cuba Pharmacy, Inc., 349 So. 2d 769 (Fla. 3d DCA 1977)…partment Store, Miami, Inc. v. Scherman, 117 So. 2d 845 (Fla. 3d DCA 1960); Metropolitan Dade County v. Polk Pools, Inc., 124 So. 2d 737 (Fla. 3d DCA 1960); Tampa Port Authority v. Deen, 179 So. 2d 416 (Fla. 2d DCA 1965); Byrne v. Rec Centers, Inc., 309 So. 2d 177 (Fla. 4th D.C.A. 1975); Fla.R.Civ.P. 1.610. Reversed and remanded. . Even in case of a divorce action it may be necessary to show inability to make bond to obtain a temporary injunction, without necessity of posting bond. See: Voss v. Voss, 169 So…
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Muss v. Rosenberg, 353 So. 2d 203 (Fla. 3d DCA 1977)…124 So. 2d 737 (Fla. 3d DCA 1960); Tampa Port Authority v. Deen, 179 So. 2d 416 (Fla. 2d DCA 1965); Hoffman v. White, 235 So. 2d 43 (Fla. 4th DCA 1970); Leopold v. Richard Bertram & Co., 265 So. 2d 710 (Fla. 3d DCA 1972); Byrne v. Rec Centers, Inc., 309 So. 2d 177 (Fla. 4th DCA 1975); La Gran Familia, Inc. v. Cuba Pharmacy, Inc., 349 So. 2d 769 (Fla. 3d DCA 1977); Crow, Pope & Carter, Inc. v. James, 349 So. 2d 827 (Fla. 3d DCA 1977). For the reasons above stated, the order denying the motion to dissolve is r…
Authorities Cited
- Int'l Bhd. OF Teamsters v. Miami Retail Grocers, Inc., 76 So. 2d 491 (Fla. 1954)