LAWRENCE F. POND AND IDA B. POND, HIS WIFE, APPELLANTS,
v.
CORA M. MCKNIGHT ET AL., APPELLEES
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PER CURIAM.
The appellants sought the removal of restrictions denying use of their property for business purposes upon the assertion that changes in the nature and character of the neighborhood had frustrated the original objectives of the restrictions. The court refused to remove the restrictions, and there was competent and substantial evidence in the record to support this result. However, the court erroneously went on to enjoin certain of the appellants from continued use of their property in violation of the restrictions when no such relief was requested by the appellees by way of counterclaim or any other pleading. Moreover, the record does not reflect that this issue was tried by consent.
Accordingly, the permanent injunction entered against the appellants must be re versed; otherwise the judgment is affirmed.
HOBSON, Acting C. J., and GRIMES and SCHEB, JJ., concur.
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Cardinal Inv. Grp., Inc. v. Giles, 813 So. 2d 262 (Fla. 4th DCA 2002)…eplacement air-conditioning system in “good working order,” within a specific time period. The pleadings did not request this type of injunctive relief, and courts are not authorized to grant relief not requested in the pleadings. Pond v. McKnight, 339 So. 2d 1149 (Fla. 2d DCA 1976)(reversing part of order enjoining certain actions of appellants “when no such relief was requested by the appellees by way of counterclaim or any other pleading”). In addition, an injunction requiring specific performance of a le…
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Miceli v. Gilmac Developers, Inc., 467 So. 2d 404 (Fla. 2d DCA 1985)…ng a sale of the Phase II property even though no party had requested such relief. We conclude that the court did err. A trial court may not decree relief that has neither been requested by way of any pleading nor tried by consent. Pond v. McKnight, 339 So. 2d 1149 (Fla. 2d DCA 1976). See also Antoniadis v. Earca, N.V., 442 So. 2d 1001 (Fla. 3d DCA 1983); Kornbluh v. Lowenberg, 401 So. 2d 880 (Fla. 3d DCA 1981). Accordingly, we reverse the final judgments entered by the trial court and remand this case for pr…
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W.J. Spradley, Jr. v. OLD Harmony Baptist Church, 721 So. 2d 735 (Fla. 1st DCA 1998)…Bank of Commerce, 644 So. 2d 538, 539 (Fla. 3d DCA 1994)(reversing injunctive aspects of order “because, without dispute, this injunctive relief was entered sua sponte by the court in the absence of required pleadings and notice”); Pond v. McKnight, 339 So. 2d 1149 (Fla. 2d DCA 1976)(affirming order denying relief requested by appellants but reversing part of order enjoining certain actions of appellants “when no such relief was requested by the appellees by way of counterclaim or any other pleading”). In addi…
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