AEROSPACE WELDING, INC., APPELLANT,
v.
SOUTHSTREAM EXHAUST & WELDING, INC., WAYNE CHINLOY, CHRISTOPHER CHINLOY, APRIL JOST, WILLIAM "GENE" BRALEY, AND ROBERTO PENATE, APPELLEES

Fla. 4th DCA | 2002-07-24
No. 4D02-490
STEVENSON and MAY, JJ„ concur.
824 So. 2d 226 Florida District Court of Appeal, Fourth District (2002) Positive Treatment
Cited by 18 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Aerospace Welding appeals from the dissolution of a temporary injunction and an award of attorney's fees to the defendant. The court affirmed, holding that the original injunction order violated Florida Rules of Civil Procedure by failing to specify reasons for entry and describe the restrained acts with reasonable detail.


Holding

The court held that the trial court was correct in dissolving the temporary injunction because the original order violated Florida Rules of Civil Procedure 1.610(a)(2) and (c) by neither specifying the reasons for entry nor describing in reasonable detail the acts restrained. The court affirmed the award of attorney's fees and costs to the defendant.


Headnotes

[1] A temporary injunction granted without notice must define the injury, state findings why the injury may be irreparable, and give reasons why the order was granted without…

[2] A temporary injunction must specify the reasons for entry and describe in reasonable detail the acts restrained.

Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“Every temporary injunction granted without notice shall be endorsed with the date and hour of entry and shall be filed forthwith in the clerk's office and shall define the injury, state findings by the court why the injury may be irreparable, and give the reasons why the order was granted without notice if notice was not given.”

Establishes the mandatory procedural requirements for temporary injunctions granted without notice under Florida Rule 1.610(a)(2).

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Aerospace Welding filed a complaint against Southstream Exhaust & Welding and others, seeking a temporary restraining order without notice. The trial …

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
SHAHOOD, J.

SHAHOOD, J.

Appellant, Aerospace Welding, Inc., appeals from an Order Granting Defendant Southstream Exhaust & Welding, Inc.’s Motion to Dissolve Plaintiffs Temporary Injunction and from an Order Granting Defendant Southstream Exhaust & Welding, Inc.’s Motion for Entitlement to Attorney’s Fees and Costs. We affirm.

Appellant filed a complaint against appellees seeking inter alia, a temporary restraining order without notice. The trial court granted the relief without notice holding as follows:

ORDERED AND ADJUDGED that said Motion is granted without notice. There exists a substantial danger that notice to Defendants of these proceedings will cause additional and substantial loss or damage to Plaintiff. Plaintiff is granted the following temporary injunctive relief ...

Southstream moved to dissolve the temporary injunction claiming that the temporary injunction was impermissibly vague and failed to state why notice should not be required. Further, Southstream claimed that the temporary injunction failed to set forth any findings of fact in contravention of rule 1.610(a)(2) and (c) of the Florida Rules of Civil Procedure and failed to articulate an irreparable harm or inadequate remedy at law.

Rule 1.610(a)(2) provides that a temporary injunction may be granted without written or oral notice to the adverse party if:

Every temporary injunction granted without notice shall be endorsed with the date and hour of entry and shall be filed forthwith in the clerk’s office and shall define the injury, state findings by the court why the injury may be irreparable, and give the reasons why the order was granted without notice if notice was not given. The temporary injunction shall remain in effetít until the further order of the court.

Rule 1.610(c), also states in pertinent part:

Every injunction shall specify the reasons for entry, shall describe in reasonable detail the act or acts restrained without reference to a pleading or another document, and shall be binding on the parties to the action, their officers, agents, servants, employees, and attorneys and on those persons in active concert or participation with them who receive actual notice of the injunction,

(emphasis supplied).

In order to obtain a temporary injunction, a moving party must prove the following: (1) that it will suffer irreparable harm unless the status quo is maintained; (2) that it has no adequate remedy at law; (3) that it has a substantial likelihood of success on the merits; and (4) that a temporary injunction will serve the public interest. See Infinity Radio, Inc. v. Whitby, 780 So. 2d 248, 250 (Fla. 4th DCA), review denied, 796 So. 2d 539 (Fla.2001). The moving party must have a clear legal right. See In re Estate of Barsanti, 773 So. 2d 1206, 1208 (Fla. 3d DCA 2000). “Clear, definite, and unequivocally sufficient factual findings” must support each of these four criteria before the court may enter the injunction. See City of Jacksonville v. Naegele Outdoor Adver. Co., 634 So. 2d 750, 754 (Fla. 1st DCA 1994), approved, 659 So. 2d 1046 (Fla.1995).

In keeping with rule 1.610(a)(2)(c), it is necessary to do more than parrot each prong of the four-prong test for entry of a temporary injunction. See City of Jack sonville, 634 So. 2d at 753. An application for temporary injunction is insufficient if it fails to set forth clearly, definitely and unequivocally sufficient factual allegations to support the conclusion of irreparable damage necessary to warrant intervention of a court of equity. See id.

We hold that the trial court was correct in granting the motion to dissolve the temporary injunction in that the order granting the temporary injunction neither specified the “reasons for entry ...” nor did it “describe in reasonable detail the act or acts restrained ...,” in violation of rule 1.610(a)(2) and (c).

We also affirm the issue of attorney’s fees and costs raised by appellant without comment. See Lake Worth Broad. Corp. v. Hispanic Broad., Inc., 495 So. 2d 1234 (Fla. 3d DCA 1986); see also Shea v. Cent. Diagnostic Servs., Inc., 552 So. 2d 344, (Fla. 5th DCA 1989).

AFFIRMED.

STEVENSON and MAY, JJ„ concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Colucci v. EAR Rare Auto. Grp., Inc., 918 So. 2d 431 (Fla. 4th DCA 2006)
    …d 944, 949 (Fla. 4th DCA 2003). These elements must be supported by “[c]lear, definite, and unequivocally sufficient factual findings” before the court can enter a temporary injunction. Aerospace Welding, Inc. v. Southstream Exhaust & Welding, Inc., 824 So. 2d 226, 227 (Fla. 4th DCA 2002). Before determining whether Kar Kare has been irreparably harmed by Co-lucci’s breach of the Covenant Not to Compete, we must determine whether Kar Kare had a legitimate business interest. Hapney v. Cent. Garage, Inc., 579…
  • Foreclosure Freesearch, Inc. v. Sullivan, 12 So. 3d 771 (Fla. 4th DCA 2009)
    …likelihood of success on the merits; and (4) that a temporary injunction will serve the public interest.” Broward County v. Meiklejohn, 936 So. 2d 742, 746 (Fla. 4th DCA 2006) (quoting Aerospace Welding, Inc. v. Southstream Exhaust & Welding, Inc., 824 So. 2d 226, 228 (Fla. 4th DCA 2002)). Based upon this standard, we conclude that the injunction fails. We begin with the adequacy of the remedy at law, as our ruling on this controls the result. The court considered the notice sent to advise of appraisal righ…
  • Wade v. Brown, 928 So. 2d 1260 (Fla. 4th DCA 2006)
    …2d 944, 949 (Fla. 4th DCA 2003)). “ ‘Clear, definite, and unequivocally sufficient factual findings’ must support each of these four criteria before the court may enter the injunction.” Aerospace Welding, Inc. v. Southstream Exhaust & Welding, Inc., 824 So. 2d 226, 227 (Fla. 4th DCA 2002) (referencing City of Jacksonville v. Naegele Outdoor Adver. Co., 634 So. 2d 750, 754 (Fla. 1st DCA 1994), approved, 659 So. 2d 1046 (Fla.1995)). “ ‘To the extent it rests on purely legal matters, an order imposing an injunct…

Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw