ROBERT WOHLFELD AND LEYDI WOHLFELD
v.
PORTOFINO TOWERS CONDOMINIUM ASSOCIATION, INC.
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The appellate court reversed trial court orders granting temporary injunctive relief. The court found the orders were improperly issued without proper notice, an evidentiary hearing, and required findings of fact, as conceded by the appellee.
No, the temporary injunctive relief orders were improperly granted. The appellee confessed error, acknowledging that the trial court failed to comply with the strict requirements for issuing temporary injunctions.
[1] Temporary injunctive relief may not be granted without proper notice to the parties.
[2] A trial court must conduct an evidentiary hearing before issuing a temporary injunction.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Because temporary injunctions are extraordinary remedies, strict requirements govern their issuance”
Establishes the high standard for issuing temporary injunctions.
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Join FLexlaw to unlock all legal intelligenceThe Wohlfelds appealed trial court orders granting temporary injunctive relief. The appellee conceded that these orders were entered without proper no…
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EMAS, C.J.
ON CONFESSION OF ERROR Robert and Leydi Wohlfeld appeal from trial court orders rendered on February 11 and 28, 2019. These two orders, which granted temporary injunctive relief,1 were entered by the trial court without proper notice (for at least one of the hearings), without an evidentiary hearing, and without requisite findings of fact. Appellee, Portofino Towers Condominium Association, has confessed error and concedes that it is improper to order temporary injunctive relief without complying with these requirements. See e.g., Fla. R. Civ. P. 1.610(c); City of Miami v. Santos, 44 Fla. L. Weekly D2136 at *1 (Fla. 3d DCA Aug. 21, 2019) (observing that “[b]ecause temporary injunctions are extraordinary remedies, strict requirements govern their issuance” and reversing temporary injunction where there was inadequate notice and the trial court’s order lacked the required findings of facts and statement of legal reasons); Bull Motors, LLC v. Brown, 152 So. 3d 32 (Fla. 3d DCA 2014) (holding trial court’s failure to conduct evidentiary hearing prior to entering injunction violated due process); Chevaldina v. R.K./FL Mgmt., Inc., 133
So. 3d 1086 (Fla. 3d DCA 2014) (reversing injunction order because, inter alia, trial court failed to make factual findings).
We therefore reverse the orders on appeal and remand for further proceedings consistent with this opinion.2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wohlfeld v. Portofino Towers Condo. Ass'n, Inc., 44 Fla. L. Weekly D2136 (Fla. 3d DCA 2019)
Authorities Cited
- Bull Motors, LLC. v. Brown, 152 So. 3d 32 (Fla. 3d DCA 2014)
- Clevens v. Omni Healthcare, Inc., 83 So. 3d 1011 (Fla. 5th DCA 2012)
- Wohlfeld v. Portofino Towers Condo. Ass'n, Inc., 44 Fla. L. Weekly D2136 (Fla. 3d DCA 2019)