ALLEGRA ENTERPRISES, INC., AN ILLINOIS CORPORATION, APPELLANT,
v.
RONALD FAIRCHILD, INDIVIDUALLY, MERIDIAN MARINE CONSULTANTS, INC., A FLORIDA CORPORATION, ELLIS HODGKINS, INDIVIDUALLY, AND ELSE K. GUINAN, APPELLEES
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PER CURIAM.
Involved is the ownership and right of possession to a Hatteras yacht.
This non-final appeal is from an order granting a preliminary injunction after notice and from an order which refused to dissolve that injunction.
We reverse and remand with instructions to dissolve the preliminary injunction because of these defects:
1. There was no showing of irreparable harm or lack of an adequate remedy at law. Ranaghan v. Sullivan, 432 So. 2d 641 (Fla. 4th DCA 1983).
2. The injunction provided mandatory features not requested by movants, such as the return of the yacht. Connolly v. Connolly, 448 So. 2d 641 (Fla. 4th DCA 1984); Zuckerman v. Professional Writers of Florida, Inc., 398 So. 2d 870 (Fla. 4th DCA 1981).
3. The injunction order did not specify adequate reasons for its entry. Fla.R. Civ.P. 1.610(d).
REVERSED and REMANDED.
DOWNEY, DELL and WALDEN, JJ., concur.
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W.J. Spradley, Jr. v. OLD Harmony Baptist Church, 721 So. 2d 735 (Fla. 1st DCA 1998)…urt’s order in this case does not contain any findings or provide any reasons for issuing the injunction. The injunction, therefore, is also fatally deficient on this second basis. Id.; Hathcock, 533 So. 2d at 804; Allegra Enter., Inc. v. Fairchild, 455 So. 2d 1073 (Fla. 4th DCA 1984) (finding in-junctive order did not specify adequate reasons for its entry). [*738] Finally, the Church concedes that the injunction entered does not “solely address the threat of physical injury.” Under Rule 1.610, therefore, the…
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City OF Miami v. Coll, 546 So. 2d 775 (Fla. 3d DCA 1989)…s for the entry of a temporary injunction is violative of rule 1.610(c) and renders the order defective. Wasserman v. Gulf Health, Inc., 512 So. 2d 234 (Fla. 2d DCA), review denied, 518 So. 2d 1279 (Fla.1987); Allegra Enterprises, Inc. v. Fairchild, 455 So. 2d 1073 (Fla. 4th DCA 1984); Conway Meats, Inc. v. Orange Avenue Partnership, 440 So. 2d 674 (Fla. 1st DCA 1983). We reverse and remand for dissolution of the temporary injunction. . We do not reach the question whether Coll has demonstrated irreparable h…
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Williford v. Melbourne Commercial Dev., Inc., 682 So. 2d 1234 (Fla. 5th DCA 1996)…k, 604 So. 2d 911 (Fla. 2d DCA 1992) (holding preliminary injunction improper where it exceeded the relief sought and granted the same relief which would have been given in a final order of permanent injunction); Allegra, Enters., Inc. v. Fairchild, 455 So. 2d 1073 (Fla. 4th DCA 1984) (preliminary injunction improper where it provided mandatory features not sought by the movants). Appellants point out that the claim for injunctive relief contained in the second amended complaint asked only that Appellants be p…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Zuckerman v. Prof'l Writers OF Fla., Inc., 398 So. 2d 870 (Fla. 4th DCA 1981)
- Connolly v. Lizabeth Connolly, 448 So. 2d 641 (Fla. 4th DCA 1984)
- Ranaghan v. Sullivan, Ranaghan, Bailey & Gleason, P.A., 432 So. 2d 641 (Fla. 4th DCA 1983)
- Neuman v. Ferris, 432 So. 2d 641 (Fla. 4th DCA 1983)