CJM PARTNERS, LLC, APPELLANT,
v.
MINERVA DI GIACOMO, APPELLEE
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In a dissolution of marriage case, the trial court issued a temporary injunction against third-party defendant CJM Partners, LLC prohibiting asset disposition without posting a bond as required by Florida Rule of Civil Procedure 1.610(b). The Third District Court of Appeal reversed the injunction as an abuse of discretion for failure to require bond posting, while affirming a carve-out allowing certain asset transfers under a settlement agreement.
The court reversed the temporary injunction because it was entered in violation of Florida Rule of Civil Procedure 1.610(b), which mandates that no temporary injunction shall be entered unless a bond is given by the movant in an amount the court deems proper. The trial court's issuance of the temporary injunction without setting and requiring posting of a bond constituted an abuse of discretion.
[1] A temporary injunction entered without requiring the posting of a bond by the movant violates Florida Rule of Civil Procedure 1.610(b) and constitutes an abuse of discret…
[2] A written court order that conflicts with the court's oral pronouncement must be corrected to reflect the oral ruling.
Previewing 2 of 4 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“No temporary injunction shall be entered unless a bond is given by the movant in an amount the court deems proper, conditioned for the payment of costs and damages sustained by the adverse party if the adverse party is wrongfully enjoined.”
Establishes the mandatory requirement in Florida Rule of Civil Procedure 1.610(b) that a bond must be posted before any temporary injunction can be issued.
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Join FLexlaw to unlock all legal intelligenceMinerva Di Giacomo sought dissolution of marriage from Jesus E. Arancibia and alleged he was using CJM Partners, LLC as his alter ego to conceal and t…
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In this dissolution of marriage case between Appellee Minerva Di Giacomo and Jesus E. Arancibia, the trial court’ entered an order temporarily enjoining the im-pleaded third-party defendant, CJM Partners, LLC (“CJM”)1 from disposing of any of its assets without court order or agreement. That order was entered without requiring the posting of a bond by Appel-lee. CJM moved to dissolve the temporary injunction for this reason. A, hearing on the motion to dissolve was held on September. 11, 2015. During the hearing, the court orally ruled that it was granting CJM’s motion to dissolve the injunction. However, the written order rendered by the court that same day conflicted with the oral pronouncement in that the written order, by its express language, continued to prohibit CJM from disposing of any of its assets without further court - order or agreement. Thus, the written order did not grant the motion to dissolve, but rather denied the motion to dissolve, keeping the temporary injunction in place and doing so without requiring the posting of a bond.
We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.130(3)(B). We reverse the order upon our determination that the temporary injunction was entered in violation of Florida Rule of Civil Procedure 1.610(b), which provides: “No temporary injunction shall be entered unless a bond is given by the movant in an amount the court deems proper, conditioned for the payment of costs and damages sustained by the adverse party if the adverse party is wrongfully enjoined.” The trial court’s issuance of a temporary injunction withóut setting a bond and requiring its posting, pursuant to rule 1.610(b), was an abuse of discretion. City of Sunny Isles Beach v. Temple B’Nai Zion, Inc., 43 So.3d 904 (Fla. 3d DCA 2010).2
We reverse the order on appeal, with one exception. We affirm that portion of *879the order which, as.stipulated to by CJM, Minerva Di Giacomo, and Jesus Arancibia, provided that CJM may “transfer the shares of Futsal Center, LLC in connection with a settlement agreement in case no. 15-5298 CA40” and which further provided that “[a]U settlement due 'under the settlement terms shall be held in escrow by Zumpano Castro trust account and there shall be no disbursements absent court order.”
Affirmed in part, reversed in part, and remanded.
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Authorities Cited
- State v. Johnson, 533 So. 2d 939 (Fla. 3d DCA 1988)
- State v. Wayda, 533 So. 2d 939 (Fla. 3d DCA 1988)
- City OF Sunny Isles Beach v. Temple B'Nai Zion, Inc., 43 So. 3d 904 (Fla. 3d DCA 2010)