JAMES H. MARSHALL, JR., APPELLANT,
v.
HAROLD H. SPRECHER, APPELLEE
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PER CURIAM.
These consolidated appeals are brought from a non-final order granting a temporary injunction and from a subsequent order setting a $1000 bond as a condition for the granting of injunctive relief.
We find the evidence sufficient for the issuance of the temporary injunction. However, the bond in this case was set on the court’s own motion without notice and hearing. Thus, there is no record as to whether it is a sufficient bond pursuant to Rule 1.610(b), Florida Rules of Civil Procedure. We, therefore, reverse and remand to the trial court for determination and imposition of an appropriate bond amount, after notice and a hearing. See Richardson v. Upchurch, 452 So. 2d 1117 (Fla. 2d DCA 1984) and Tabsch v. Nojaim, 548 So. 2d 851 (Fla. 3d DCA 1989).
Affirmed in part, reversed in part, and remanded.
SCHOONOVER, C.J., and SCHEB and THREADGILL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Straley v. Frank, 585 So. 2d 334 (Fla. 2d DCA 1991)…z v. Martinez, 573 So. 2d 37 (Fla. 1st DCA 1990) (involved a gift from third parties, not a spouse; thus Ball not involved); Robertson v. Robertson, 569 So. 2d 852 (Fla. 4th DCA 1990) (decided by appellate court December 10, 1990); Milton v. Milton, 567 So. 2d 477 (Fla. 1st DCA 1990) (decided by appellate court September 7, 1990); Hoffman v. Hoffman, 552 So. 2d 958 (Fla. 1st DCA 1989) (decided by appellate court November 18, 1989; special equity not involved in case); Della-Giustina v. Della-Giustina, 546 So.…1 / 2
Authorities Cited
- Salim Tabsch v. Nojaim, 548 So. 2d 851 (Fla. 3d DCA 1989)
- Richardson v. Upchurch, 452 So. 2d 1117 (Fla. 2d DCA 1984)