THOMAS J. MCGOVERN ET AL., APPELLANTS,
v.
SAM AMIRA, AS DIRECTOR, OFFICER AND STOCKHOLDER OF AND ON BEHALF OF DEPENDABLE AIR-CONDITIONING & APPLIANCES, INC., AND AMIRA AIR-CONDITIONING & APPLIANCES, INC., ALL FLORIDA CORPORATIONS, APPELLEES
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PER CURIAM.
This is an interlocutory appeal from an order granting a temporary injunction. We have considered the record, briefs and oral arguments. It is our opinion that no reversible error has been demonstrated with one exception. The injunction was entered without bond. This was error which must be corrected. The evidence manifestly shows that appellants will incur risks and danger of loss depending on the ultimate outcome of this litigation. F.R. C.P. 1.610(b); International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, Local Union 390 v. Miami Retail Grocers, 76 So. 2d 491 (Fla.1954); Von Hagen v. Puntervold, 258 So. 2d 27 (Fla.App. 3rd 1972); Tampa Port Authority v. Deen, 179 So. 2d 416 (Fla.App. 2nd, 1965).
The order is affirmed except as to the requirement that no bond be posted. The cause is remanded with instructions to re quire an injunction bond for such costs and damages as defendants might suffer in the event it is ultimately determined that the injunction was wrongfully entered.
Affirmed in part and reversed in part, with directions.
WALDEN, C. J., DOWNEY, J., and MORROW, RUSSELL O., Associate Judge, concur.
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Zuckerman v. Prof'l Writers OF Fla., Inc., 398 So. 2d 870 (Fla. 4th DCA 1981)…y appellee subsequent to issuance of the injunction was merely a non-resident costs bond as required by Section 57.011, Florida Statutes (1979). The trial court is therefore instructed to require a bond pursuant to Rule 1.610. See McGovern v. Amira, 328 So. 2d 862 (Fla. 4th DCA 1976). Appellants next contend that the trial court erred in issuing the original prejudgment writ of replevin. Section 78.068(1), Florida Statutes (1979) provides that a prejudgment writ of replevin may be issued when the nature of…
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Quadomain Condo. Ass'n, Inc. v. Pomerantz, 341 So. 2d 1041 (Fla. 4th DCA 1977)…owever, 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., concur.…
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Silverman v. Wally Blaustein, 369 So. 2d 86 (Fla. 3d DCA 1979)…straining order but remand the cause to the chancellor with directions to determine whether Blaustein is financially able to post bond and, if so, to set the amount of such bond. See e. g. Lewis v. Lewis, 66 So. 2d 260 (Fla.1953); McGovern v. Amira, 328 So. 2d 862 (Fla. 4th DCA 1976). It is so ordered.…
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- Tampa Port Auth. v. Deen, 179 So. 2d 416 (Fla. 2d DCA 1965)
- Int'l Bhd. OF Teamsters v. Miami Retail Grocers, Inc., 76 So. 2d 491 (Fla. 1954)
- von Hagen v. Adolf Puntervold and Thomine Puntervold, 258 So. 2d 27 (Fla. 3d DCA 1972)