PALMA PLAZA OWNERS' ASSOCIATION, INC., APPELLANT,
v.
CUMMINGS & LOCKWOOD, APPELLEE
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PER CURIAM.
We reverse the order denying the motion to dissolve the temporary injunction. The appellee failed to show irreparable harm. See Dep’t of Transp. v. Kountry Kitchen of Key Largo, Inc., 645 So. 2d 1086 (Fla. 3d DCA 1994). Moreover, there does not appear to be such a likelihood of success based upon the condominium documents involved in this case to justify a temporary injunction. Although challenges to the sufficiency of an injunction are generally not allowed on a motion to dissolve, where the injunction was issued ex parte, this rule would not apply. Cf. Hunter v. Dennies Contracting Co., 693 So. 2d 615 (Fla. 2d DCA1997). In the instant case, notice was given to an officer of the appellant who admitted that he was aligned with the interests of the appellee in this action. Moreover, no evidence was taken at the hearing on the temporary injunction. Instead, affidavits were relied on. Thus, we consider that the hearing on the original injunction was held with improper notice.
WARNER, POLEN and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Price v. Taylor, 298 So. 3d 654 (Fla. 4th DCA 2020)…eal of the order granting the injunction. See Spaulding v. Estate of Frey, 666 So. 2d 935, 936-37 (Fla. 5th DCA 1995). But this reasoning does not apply when an injunction is entered ex parte. See Palma Plaza Owners’ Ass’n, v. Cummings & Lockwood, 706 So. 2d 1376, 1377 (Fla. 4th DCA 1998) (“Although challenges to the sufficiency of an injunction are generally not allowed on a motion to dissolve, where the injunction was issued ex parte, this rule would not apply.”); see also Agemy v. Health Bus. Sols., LLC,…
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Jamil J. Agemy v. Health Bus. Solutions, LLC, 117 So. 3d 896 (Fla. 4th DCA 2013)…aring on the motion.” Fla. R. Civ. P. 1.610(d). However, “challenges to the sufficiency of an injunction are generally not allowed on a motion to dissolve” unless the injunction was entered ex parte. Palma Plaza Owners’ Ass’n v. Cummings & Lockwood, 706 So. 2d 1376, 1377 (Fla. 4th DCA 1998). Where an injunction is entered after a contested hearing, a trial court has jurisdiction to dissolve or modify the injunction when circumstances have changed. Acmar Eng’g Corp. v. Farrington, 423 So. 2d 1033, 1034 (Fla. 4t…
Authorities Cited
- Hunter v. Dennies Contracting Co., Inc., 693 So. 2d 615 (Fla. 2d DCA 1997)
- State v. Kountry Kitchen OF KEY Largo, Inc., 645 So. 2d 1086 (Fla. 3d DCA 1994)