FADEL ELBADRAMANY, APPELLANT,
v.
OCEANS FOUR CONDOMINIUM ASSOCIATION, INC., ETC., APPELLEE
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Fadel Elbadramany appeals a mandatory injunction entered against him by the trial court. The appellate court reverses, holding that the trial court lacked jurisdiction to grant the injunction because it was never properly requested or adjudicated in the original case, and granting it constituted an impermissible imposition of new duties beyond the scope of the final judgment.
The trial court lacked jurisdiction to grant the mandatory injunction. A court loses jurisdiction after the ten-day period for rehearing except to enforce the judgment, and cannot impose new duties not previously adjudicated in the final judgment. Because Oceans Four's right to an injunction was not determined in the final judgment but was merely advisory language, an independent action was required to establish that right.
[1] A trial court loses jurisdiction after the period for rehearing or new trial, except to enforce a judgment as provided by procedural rules.
[2] A court lacks the power to impose a new duty on a party that was not adjudicated in the final judgment.
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Join FLexlaw to unlock all legal intelligence“A trial court loses jurisdiction after the ten-day period for rehearing or new trial, except to enforce the judgment as provided by the rules of procedure.”
Establishes the foundational rule limiting trial court jurisdiction post-judgment
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Join FLexlaw to unlock all legal intelligenceFadel sued Oceans Four Condominium Association seeking an injunction to prevent enforcement of a bylaws provision and to void a lien on his property. …
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SHARP, Chief Judge.
Appellant (Fadel) appeals from a mandatory injunction entered against him, arguing the lower court was without jurisdiction to issue the injunction. We agree and reverse.
Originally, Fade! brought a suit against Oceans Four Condominium Association, Inc., in which he asked for an injunction to prevent it from enforcing a bylaws provision against him, and requested that a lien recorded against his property be declared null and void. Oceans Four counterclaimed for $2,500 in fines it had assessed as a result of Fadel’s violation of the bylaws provision. Both sides requested attorney’s fees and costs.
The final judgment contained a finding that the only legal remedy available to Oceans Four was a mandatory injunction.1 The judgment decreed that neither party take anything, and the court refused to award attorney’s fees and costs because there was no prevailing party. Subsequently, based on this final judgment and, without bringing a second action, Oceans Four sought and obtained a mandatory injunction against Fadel.
A trial court loses jurisdiction after the ten-day period for rehearing or new trial,2 except to enforce the judgment as provided by the rules of procedure. Francisco v. Victoria Marine Shipping, Inc., 486 So. 2d 1386 (Fla.3d DCA), rev. den., 494 So. 2d 1153 (Fla.1986); Jared v. Jackson, 483 So. 2d 51 (Fla. 4th DCA 1986); Hardin v. Wilkinson, 371 So. 2d 585 (Fla. 1st DCA 1979). A court does not have the power to impose upon a party a new duty not previously adjudicated in the final judgment. Superior Uniforms, Inc. v. Brown, 221 So. 2d 214 (Fla. 3d DCA 1969).
In this case, Oceans Four’s right to an injunction was neither requested, adjudicated, nor granted. The language contained in the final judgment was conditional or advisory only, and not determinative of Oceans Four’s right to such relief. The lower court had no jurisdiction to grant the injunction and such action constituted more than mere enforcement of the judgment. An independent action which determines Oceans Four’s right to an injunction is required.3 The trial judge recognized such action is necessary when he stated that enforcement of the bylaw provision “would be by way of [Oceans Four] bringing its own action for a mandatory injunction.”
REVERSED.
COBB and COWART, JJ., concur. .The court stated:
That the only legal remedy the defendant has to enforce the furnishing of a key bylaw [sic] against the plaintiff would be by way of bringing its own action for a mandatory injunction to force the plaintiff to comply with the bylaw and the defendant could not enforce the bylaw by enforcing a continuing fine against the plaintiff and enforce same in Court by a lawsuit for damages.
. Fla.R.Civ.P. 1.530(b).
. See, e.g., Fla.R.Civ.P. 1.610, Injunctions, Committee Note, a pleading seeking an injunction must be filed before an injunction may be granted. Sub judice no such pleading has ever been filed.
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City OF NEW Smyrna Beach v. Andover Dev. Corp., 672 So. 2d 618 (Fla. 5th DCA 1996)…required the City to issue a permit to develop a specific, previously approved plan, however, should not be used as a short cut to obtain an amendment of that plan. As Judge Sharp observed in Elbadramany v. Oceans Four Condominium Association, Inc., 532 So. 2d 64 (Fla. 5th DCA 1988), “a court does not have the power to impose upon a party a new duty not previously adjudicated in the final judgment.” REVERSED. DAUKSCH and SHARP, W., JJ., concur. . Inlet Joint Venture is the successor in interest to Andover…
Authorities Cited
- Francisco v. Victoria Marine Shipping, Inc., 486 So. 2d 1386 (Fla. 3d DCA 1986)
- Superior Uniforms, Inc. v. Brown, 221 So. 2d 214 (Fla. 3d DCA 1969)
- O. Alan Jared, M.D., Bethesda Radiology Assocs., P.A. v. Jackson, 483 So. 2d 51 (Fla. 4th DCA 1986)
- Hardin v. Archibald Wilkinson and Gwendolyn J. Wilkinson, 371 So. 2d 585 (Fla. 1st DCA 1979)