JANELLE
v.
VETERANS VILLAS II HOMEOWNERS ASSOCIATION, INC., JANELLE

Fla. 2d DCA | 2025-04-23
No. 2024-0842
Morris, J., Atkinson, J., Smith, J., Mansfield, J.
2025 FL 3367 Florida District Court of Appeal, Second District (2025)

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Holding

A trial court errs in granting a preliminary injunction without including factual findings in support thereof and without addressing the bond requirement, conducting an evidentiary hearing thereon, or explaining reasons for waiving the bond.

Headnotes

[1] A trial court must include factual findings in support of a preliminary injunction and must address the bond requirement by either conducting an evidentiary hearing on th…

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Facts & Procedural History

Janelle appealed from a nonfinal order granting a preliminary injunction against him in the homeowners association's action for temporary and permanen…

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Topics
Injunctive Relief Standards Waiver Of Arguments On Appeal Non-Final Order Appeal Bond Requirement

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Opinion of the Court
Smith

DISTRICT COURT OF APPEAL OF FLORIDA

SECOND DISTRICT

RODNEY W. JANELLE,

Appellant,

v.

VETERANS VILLAS II HOMEOWNERS

ASSOCIATION, INC.,

Appellee.

No. 2D2024-0842

April 23, 2025

Appeal pursuant to Fla. R. App. P. 9.130 from the Circuit Court for Pasco County; Declan P. Mansfield, Judge.

Jawdet I. Rubaii of Jawdet I. Rubaii, P.A., Clearwater, for Appellant.

Tiffany M. Love of Adams and Reese, LLP, Tampa, for Appellee.

MORRIS, Judge.

Rodney W. Janelle appeals from a nonfinal order containing provisions granting a preliminary injunction against him in Veterans Villas II Homeowners Association, Inc.'s action for temporary and permanent injunctive relief. We conclude that the trial court erred by (1) failing to include factual findings in support of the injunction and (2) failing to address the issue of a bond and to conduct an evidentiary hearing thereon or to explain the reasons for waiving the bond

2

requirement.1 See generally Fla. R. Civ. P. 1.610 (providing requirements for imposition of injunction); see also Phelan v. Trifactor Sols., LLC, 312 So. 3d 1036, 1039 (Fla. 2d DCA 2021) (addressing need for factual findings and evidentiary hearing to address bond); cf. Layne & Brill, P.A. v. Brill, 453 So. 2d 890, 890 (Fla. 3d DCA 1984) (concluding in relevant part that trial court erred by entering injunction without factual findings and without providing for bond or setting forth reasons for waiving bond requirement). We therefore reverse the portions of the order that impose injunctive relief against Janelle and remand for further proceedings. We affirm the other portions of the order without further comment.2

Affirmed in part, reversed in part, and remanded.

ATKINSON and SMITH, JJ., Concur.

3

Opinion subject to revision prior to official publication.

Footnotes
1 In its answer brief, Veterans Villas presented only one argument asserting that Janelle did not have a constitutionally protected interest and, therefore, that he could not assert a due process violation. Veterans Villas relies on Economic Development Corp. of Dade County, Inc. v. Stierheim, 782 F. 2d 952, 953-54 (11th Cir. 1986), but we are not persuaded that that case is applicable here. And we note that while Janelle raised additional arguments beyond those serving as the basis for our reversal, Veterans Villas did not present any arguments refuting any of Janelle's arguments in this appeal. Thus Veterans Villas has waived any argument on the issues raised by Janelle. See Polyglycoat Corp. v. Hirsch Distribs., Inc., 442 So. 2d 958, 960 (Fla. 4th DCA 1983) (on motion for reh'g) ("When points, positions, facts and supporting authorities are omitted from the brief, a court is entitled to believe that such are waived, abandoned, or deemed by counsel to be unworthy."). 2 In its order, the trial court also granted a motion to dismiss the amended complaint filed by Janelle's brother and denied a purported pending motion to dismiss the amended complaint filed by Janelle. However, Janelle's motion was not filed until after entry of the order on appeal. Janelle does not challenge this erroneous conclusion on appeal.

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