CITY OF MIAMI, CESAR H. ODIO, AS CITY MANAGER, CITY OF MIAMI, WALTER E. GOLBY, AS DIRECTOR OF THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES, AND RAUL DE LA TORRE, MANAGER, MIAMARINA, APPELLANTS,
v.
SANDRA K. COLL, APPELLEE
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Sandra Coll, a City of Miami employee, was discharged after reporting alleged malfeasance by city officials. The trial court issued a temporary injunction reinstating her pending resolution of her whistleblower claim. The appellate court reversed because the trial court failed to specify reasons for the injunction as required by Florida civil procedure rules.
The temporary injunction was defective and must be dissolved because the trial court failed to specify the reasons for its entry as mandated by Florida Rule of Civil Procedure 1.610(c). The appellate court reversed without reaching the merits of whether Coll demonstrated irreparable harm and inadequate remedy at law, directing the trial court to make proper findings on remand.
[1] A temporary injunction order must specify the reasons for its entry to comply with Florida Rule of Civil Procedure 1.610(c).
[2] Failure to specify adequate reasons for entering a temporary injunction renders the order defective.
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Join FLexlaw to unlock all legal intelligence“Every injunction shall specify the reasons for entry, shall describe in reasonable detail the act or acts restrained without reference to a pleading or another document”
This quote from Florida Rule of Civil Procedure 1.610(c) establishes the mandatory procedural requirement that the trial court violated by failing to specify reasons for the temporary injunction.
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Join FLexlaw to unlock all legal intelligenceSandra Coll was employed by the City of Miami at Bayside Marina as a Marina's Aide. She observed and reported to superiors what she claimed were insta…
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GERSTEN, Judge.
This is an appeal from a temporary injunction which reinstated a discharged employee pursuant to the Whistle-blower’s Act of 1986. § 112.3187, Fla.Stat. (1987). We reverse.
Appellee Sandra K. Coll, an employee with the City of Miami, claimed to have observed city employees, including her supervisor, engaged in malfeasance, misfeasance and neglect of duty. After reporting these violations to her superiors, she was put on leave and then subsequently terminated. Coll brought an action pursuant to the Whistle-blower’s Act of 1986 seeking reinstatement with back pay. Additionally, she moved for a temporary injunction for restoration of her original position during the pendency of the action.
The trial court entered an order granting a temporary injunction, which states in its entirety:
ORDER GRANTING TEMPORARY INJUNCTION
THIS CAUSE having come before the Court for hearing on the Plaintiff’s Motion for Temporary Injunction, the Court having received evidence and heard arguments of counsel, it is ORDERED AND ADJUDGED as follows:
1. Plaintiff's Motion for Temporary Injunction be and hereby is granted.
2. The Plaintiff is hereby ordered restored to her position of employment during the pendency of this proceeding at the City of Miami, Department of Parks and Recreation, Bayside Marina, as a Marina’s Aide.
3. This Order shall become effective upon the posting of a bond in the amount of $5,000.00, conditioned for the payment of costs and damages which may be sustained by the Defendants if the Defendants are wrongfully enjoined.
Appellant, City of Miami, claims that the temporary injunction was improper in that: (a) the order did not specify why it was entered, and (b) was entered where there was no showing of either irreparable harm or an inadequate remedy at law. Appellee Coll contends that although the trial court’s order did not specify the reasons for granting the temporary injunction, such omission is merely technical, and there would be irreparable harm. We reverse because the trial court failed to specify the reasons for entering the temporary injunction.1’ 2
Florida Rule of Civil Procedure 1.610(c) states:
Form and Scope. Every injunction shall specify the reasons for entry, shall describe in reasonable detail the act or acts restrained without reference to a pleading or another document and shall be binding on the parties to the action, their officers, agents, servants, employees and attorneys and on those persons in active concert or participation with them who receive actual notice of the injunction. (Emphasis added).
Florida courts have held that the failure to specify adequate reasons 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 harm and inadequate remedy at law, as the trial court should in the first instance address that issue when it makes its findings pursuant to rule 1.610.
. We reject the City’s contention that Coll failed to exhaust administrative remedies. It is clear on this record that no effective administrative remedy was available. We also reject the City’s argument that Coll was required to observe the waiting period of subsection 768.28(6), Florida Statutes (1987). The City’s proposed construction is at odds with the plain language of the Whistle-blower’s Act. See § 112.3187(8), Fla. Stat. (1987).
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Pearson & Maluso, M.D., P.A. v. Bott, 584 So. 2d 1035 (Fla. 5th DCA 1991)…We quash the injunction because it was entered without proper verified pleadings or sworn evidentiary support. Additionally, the trial judge failed to make sufficient factual determinations to support the injunction. See e.g., City of Miami v. Coll, 546 So. 2d 775 (Fla. 3d DCA 1989); United Steelworkers of America v. Seminole Asphalt Refining, Inc., 269 So. 2d 28 (Fla. 1st DCA 1972). The order is quashed and this cause remanded. Should appellee submit a new, proper petition for injunctive relief the court c…
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Indus. Waste Servs., Inc. v. Faircloth Sanitation, Inc., 643 So. 2d 688 (Fla. 3d DCA 1994)…the reasons for its entry, as required by Florida Rule of Civil Procedure 1.610(c). See City of Homestead v. Ramirez, 621 So. 2d 548 (Fla. 3d DCA 1993); Pearson & Maluso, M.D., P.A v. Bott, 584 So. 2d 1035 (Fla. 5th DCA 1991); City of Miami v. Coll, 546 So. 2d 775 (Fla. 3d DCA 1989). Accordingly, the order below must be reversed and the cause remanded for dissolution of the temporary injunction. Reversed and remanded.…
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Concetta Russo v. Romano, 591 So. 2d 1018 (Fla. 3d DCA 1991)…re. There has been no compliance with rule 1.610(c), which requires that every injunction shall specify the reason for entry. On remand, the court shall take evidence and state reasons if injunctive relief is deemed warranted. City of Miami v. Coll, 546 So. 2d 775 (Fla. 3d DCA 1989). The order denying the motion to transfer venue is affirmed; the order granting a temporary injunction is reversed and the cause is remanded for further consistent proceedings.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wasserman v. Gulf Health, Inc., 512 So. 2d 234 (Fla. 2d DCA 1987)
- Conway Meats, Inc. v. Orange Ave. P'ship, 440 So. 2d 674 (Fla. 1st DCA 1983)
- Allegra Enters., Inc. v. Fairchild, 455 So. 2d 1073 (Fla. 4th DCA 1984)