AZRA RHEMAN VARGAS, APPELLANT,
v.
DAVID VARGAS, APPELLEE
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Florida appellate court reversed a temporary injunction restraining removal of children from jurisdiction because the trial court's order and the husband's motion failed to comply with procedural requirements under Florida Rule of Civil Procedure 1.610, including lack of verification, missing affidavit, and failure to condition the injunction on posting a bond.
A temporary injunction issued without notice must comply with Florida Rule of Civil Procedure 1.610, requiring a verified pleading or affidavit with specific facts of immediate irreparable harm, details of notice efforts, and conditioning on bond posting.
[1] A motion for temporary injunction without notice must be verified or accompanied by an affidavit detailing specific facts of immediate irreparable harm and explaining eff…
[2] A temporary injunction issued without notice must be conditioned upon the posting of a bond as required by Florida Rule of Civil Procedure 1.610(b).
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Join FLexlaw to unlock all legal intelligenceAzra Rheman Vargas was temporarily enjoined without notice from removing her children from the circuit court's jurisdiction and was required to relinq…
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KELLY, Judge.
Azra Rheman Vargas appeals from a nonfinal order issued without notice that temporarily enjoined her and her husband, David Vargas, from removing their children from the jurisdiction of the circuit court and required her to relinquish the children’s passports to her attorney or to her husband. Because neither the husband’s motion nor the trial court’s order conform to the requirements of Florida Rule of Civil Procedure 1.610, we reverse.
The party seeking a temporary injunction without notice must file a verified pleading or affidavit that alleges specific facts showing immediate and irreparable harm and must detail any efforts made to give notice and the reasons why notice should not be required. Fla. R. Civ. P. 1.610(a). The husband’s motion was not verified, he did not file an affidavit, and he did not detail any efforts made to give notice or state why notice should not be required. The trial court’s order likewise failed to conform to the requirements of rule 1.610 both in content and in failing to condition the temporary injunction on the posting of a bond. Fla. R. Civ. P. 1.610(b). Our reversal does not preclude the husband from again applying for injunctive relief in accordance with the requirements of rule 1.610.
Reversed.
FULMER and GREEN, JJ., Concur.
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Gray v. Gray, 958 So. 2d 955 (Fla. 1st DCA 2007)…lly the way temporary restraining orders expired under the prior version of the rule; because the temporary injunction was issued without requiring that a bond be posted; and because it lacked supporting affidavits when issued. See Vargas v. Vargas, 816 So. 2d 238, 238 (Fla. 2d DCA 2002) (“The party seeking a temporary injunction without notice must file a verified pleading or affidavit that alleges specific facts showing immediate and irreparable harm and must detail any efforts made to give notice and the r…