CUTLER CREEK VILLAGE TOWNHOUSE ASSOCIATION, INC., APPELLANT,
v.
CUTLER CREEK VILLAGE CONDOMINIUM ASSOCIATION, INC., APPELLEE
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PER CURIAM.
Appellant, Cutler Creek Village Townhouse Association, Inc., appeals the issuance of a temporary injunction restraining appellant from using security gates to restrict access into certain areas. We affirm in part, and reverse in part.
We find that the injunction is defective in that it fails to comply with Rule 1.610(b), Florida Rules of Civil Procedure, which requires the posting of bond to pay costs and damages which could result from the issuance of a temporary injunction. See Minimatic Components, Inc. v. Westinghouse Electric Corporation, 494 So. 2d 303 (Fla. 4th DCA 1986).
However, we also find that appellee adequately complied with all other requirements necessary for the issuance of the temporary injunction. Accordingly, we affirm the issuance of the temporary injunc tion, but reverse and remand for entry of an appropriate bond.
Affirmed in part, reversed in part, and remanded.
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Med. Facilities Dev., Inc. v. Little ARCH Creek Props., Inc., 656 So. 2d 1300 (Fla. 3d DCA 1995)…on if it later turns out to have been wrongfully entered. See Fla. R.Civ.P. 1.610(b); Conant v. Armada Key West Ltd. Partnership, 610 So. 2d 640, 641 (Fla. 3d DCA 1992); Cutler Creek Village Townhouse Ass’n v. Cutler Creek Village Condominium Ass’n, 584 So. 2d 103, 103 (Fla. 3d DCA 1991); Cushman & Wakefield, Inc. v. Cozart, 561 So. 2d 368, 370 (Fla. 2d DCA 1990); Tabsch v. Nojaim, 548 So. 2d 851, 853 (Fla. 3d DCA 1989). The analogy here is obvious: If a temporary injunction carries with it the right to a bon…1 / 2
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Conant v. Armada KEY W. Ltd. P'ship, 610 So. 2d 640 (Fla. 3d DCA 1992)…suant to Rule 1.610, Fla.R.Civ.P. We agree as to the bond. Upon the issuance of a temporary restraining order, a bond is required. Fla. R.Civ.P. 1.610(b); Cutler Creek Village Townhouse Ass’n., Inc. v. Cutler Creek Village Condominium Ass’n. Inc., 584 So. 2d 103 (Fla. 3d DCA 1991). There are limited circumstances wherein a temporary injunction may issue without a bond, such as a matrimonial case, see, e.g., Voss v. Voss, 169 So. 2d 351 (Fla. 3d DCA 1964), but no exception is made in a case such as the one i…
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Lopez v. Paredes, 653 So. 2d 472 (Fla. 3d DCA 1995)…ropriate bond against appellees is mandatory. See Fla.R.Civ. P. 1.160(b); Conant v. Armada Key West Ltd. Partnership, 610 So. 2d 640, 641 (Fla. 3d DCA 1992); Cutler Creek Village Townhouse Ass’n, Inc. v. Cutler Creek Village Condominium Ass’n, Inc., 584 So. 2d 103, 103-04 (Fla. 3d DCA 1991). Reversed and remanded. .The affidavit recited in pertinent part that: 2. Neither me [sic] nor my brother were aware that Defendant, Manuel Lopez, had been paying himself a management fee from the joint venture. Neither…
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- Minimatic Components, Inc. v. Westinghouse Elec. Corp., 494 So. 2d 303 (Fla. 4th DCA 1986)