RESORTS MANAGEMENT, INC., A FLORIDA CORPORATION; COLONY BEACH AND TENNIS CLUB, LTD., A FLORIDA LIMITED PARTNERSHIP; COLONY BEACH AND TENNIS CLUB, INC., A FLORIDA CORPORATION; AND MURRAY J. KLAUBER, APPELLANTS,
v.
PAUL OLSEN, AS TRUSTEE, APPELLEE
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The court affirmed a temporary injunction restricting fund transfers from a limited partnership by the general partner but reversed the bond amount determination because the trial court improperly denied the defendants an opportunity to present evidence on the bond.
A trial court must provide both parties the opportunity to present evidence regarding the appropriate amount of a bond in a temporary injunction proceeding.
[1] A trial court must provide both parties an opportunity to present evidence regarding the appropriate amount of a bond for a temporary injunction, and a proffer of testimo…
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Court stating the governing legal standard for bond determinations in temporary injunction cases.
Defendants in a limited partners' derivative action challenged a temporary injunction prohibiting transfer of partnership funds to entities owned by t…
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THREADGILL, Judge.
The appellants, defendants in a limited partners’ derivative action, challenge a temporary injunction that prohibits, with two exceptions, the transfer of funds from the limited partnership to other entities owned by the general partner. We affirm the temporary injunction.
We reverse, however, that portion of the order that establishes the amount of the bond because the trial court refused to allow the appellants to present evidence regarding the bond. A trial court must provide both parties the opportunity to present evidence as to the amount of an appropriate bond. Longshore Lakes Joint Venture v. Mundy, 616 So. 2d 1047 (Fla. 2d DCA 1993). In this case, when the appellants asked to recall the sole shareholder of the general partner to testify regarding a bond, the trial court denied the request. The appel-lee/trustee claims the appellants waived this issue by failing to proffer testimony. A proffer is not necessary, however, if the trial court indicates the proffer would be unavailing. Wright v. Schulte, 441 So. 2d 660 (Fla. 2d DCA 1983). On remand, the parties should be given the opportunity to present evidence regarding the appropriate amount for the bond.
Affirmed in part; reversed in part and remanded.
CAMPBELL, A.C.J., and QUINCE, J., concur.
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Cited By
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Edward Supinski, M.D. v. Omni Healthcare, P.A., 853 So. 2d 526 (Fla. 5th DCA 2003)…xistence of a stipulation. Before setting the amount of an injunction bond a trial court must have some basis for the exercise of its discretion. See AOT, Inc. v. Hampshire Mgmt. Co., 653 So. 2d 476 (Fla. 3d DCA 1995); Resorts Mgmt., Inc. v. Olsen, 651 So. 2d 194 (Fla. 2d DCA 1995). Given the confusion in the setting of this bond amount, the fairest thing to do under these peculiar circumstances is to affirm the issuance of the temporary injunction, but remand the case to the lower court with directions to c…
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AOT, Inc. v. Hampshire Mgmt. Co., 653 So. 2d 476 (Fla. 3d DCA 1995)…a trial court must have some basis for exercising its discretion in determining the amount of the bond. In the usual case, the basis for this determination will be evidence provided to the court by the parties. See Resorts Management, Inc. v. Olsen, 651 So. 2d 194 (Fla. 2d DCA 1995) (trial court must allow both sides an opportunity to present evidence as to the appropriate amount for an injunction bond); Richard v. Behavioral Healthcare Options, Inc., 647 So. 2d 976, 978 (Fla. 2d DCA 1994) (“Since damages rec…
Authorities Cited
- Longshore Lakes Joint Venture v. Mundy, 616 So. 2d 1047 (Fla. 2d DCA 1993)
- Wright v. Arnold Schulte, Jr., M.D., 441 So. 2d 660 (Fla. 2d DCA 1983)