CITY OF MIAMI,
v.
VQ EVERGLADES RENTAL, LLC,
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A temporary injunction must be supported by express factual findings addressing all four required elements, and an injunction that merely recites legal conclusions is insufficient.
[1] A temporary injunction must be supported by express factual findings addressing all four required elements; an order that merely recites legal conclusions is insufficient…
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Citation to Angelino v. Santa Barbara Enters., LLC, establishing the standard for temporary injunctions
The City of Miami sought to demolish an unsafe structure owned by VQ Everglades Rental, LLC. The trial court entered a temporary injunction preventing…
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BOKOR, J.
The City of Miami appeals the entry of a temporary injunction against demolition of an unsafe structure. Because the trial court did not make specific factual findings as to all four required elements for a temporary injunction, we reverse and remand for the trial court to reconsider its ruling and, if such injunction is again granted, to include express findings as to all four elements. See Angelino v. Santa Barbara Enters., LLC, 2 So. 3d 1100, 1103 (Fla. 3d DCA 2009) (“A temporary injunction that merely recites legal conclusions is insufficient to support its entry.”); Phelan v. Trifactor Sols., LLC, 312 So. 3d 1036, 1039 (Fla. 2d DCA 2021) (reversing and remanding temporary injunction where trial court did not make express findings as to all four required elements for a temporary injunction).
Reversed and remanded with instructions.
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Citator
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Marlette v. Carullo, 351 So. 3d 1193 (Fla. 2d DCA 2022)…the entry of the injunction. See, e.g., Salazar v. Hometeam Pest Def., Inc., 230 So. 3d 619, 621 (Fla. 2d DCA 2017). Moreover, temporary injunctions must strictly comply with Florida Rule of Civil Procedure 1.610. Phelan v. Trifactor Sols., LLC, 312 So. 3d 1036, 1038 (Fla. 2d DCA 2021) (citing Salazar, 230 So. 3d at 620-21). Rule 1.610(c) requires that "[e]very injunction . . . specify the reasons for entry . . . ." And when issuing a temporary injunction, the trial court must include in its order "clear…
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Lusby v. Canevari, 363 So. 3d 233 (Fla. 6th DCA 2023)…s. Thus, in keeping with the requirements of rule 1.610 and longstanding case law interpreting the rule, we conclude that the failure to address this element in the injunction order necessitates reversal. See, e.g., Phelan v. Trifactor Sols., LLC, 312 So. 3d 1036, 1038-39 (Fla. 2d DCA 2021) (reversing temporary injunction that lacked the requisite findings and observing that "[i]n some cases, procedure precedes substance"). We also conclude that the injunction order must be reversed because the trial court f…
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Doss v. Basquill, P. A. (Fla. 2d DCA 2026)…n sought . . . ."). The order is erroneous on its face. "[T]emporary injunctions must strictly comply with Florida Rule of Civil Procedure 1.610." Marlette v. Carullo, 351 So. 3d 1193, 1195 (Fla. 2d DCA 2022) (citing Phelan v. Trifactor Sols., LLC, 312 So. 3d 1036, 1038 (Fla. 2d DCA 2021)). Rule 1.610(c) directs that "[e]very injunction shall specify the reasons for entry." The order before us is devoid of any factual findings to support the injunction and does not even purport to incorporate any oral finding…
Authorities Cited
- Angelino v. Santa Barbara Enters., LLC, 2 So. 3d 1100 (Fla. 3d DCA 2009)