CITY OF MIAMI
v.
VQ EVERGLADES RENTAL, LLC
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A temporary injunction must be supported by express factual findings addressing all four required elements, and an injunction that merely recites legal conclusions is insufficient.
[1] A temporary injunction must be supported by express factual findings addressing all four required elements; an order that merely recites legal conclusions is insufficient…
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Join FLexlaw to unlock all legal intelligence“A temporary injunction that merely recites legal conclusions is insufficient to support its entry.”
Citation to Angelino v. Santa Barbara Enters., LLC, establishing the standard for temporary injunctions
The City of Miami sought to demolish an unsafe structure owned by VQ Everglades Rental, LLC. The trial court entered a temporary injunction preventing…
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Opinion filed March 29, 2023. Not final until disposition of timely filed motion for rehearing.
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No. 3D22-0980 Lower Tribunal No. 22-9226
________________
City of Miami,
Appellant,
vs.
VQ Everglades Rental, LLC, Appellee.
An Appeal from a non-final order from the Circuit Court for Miami- Dade County, Lourdes Simon, Judge. Victoria Méndez, City Attorney and Kerri L. McNulty, Senior Appellate Counsel, and Rachel S. Glorioso Dooley, Senior Assistant City Attorney, for appellant. Perlman, Bajandas, Yevoli & Albright, PL, and Sebastian Jaramillo, for appellee. Before LOGUE, MILLER and BOKOR, JJ. BOKOR, J. The City of Miami appeals the entry of a temporary injunction against demolition of an unsafe structure. Because the trial court did not make specific factual findings as to all four required elements for a temporary injunction, we reverse and remand for the trial court to reconsider its ruling and, if such injunction is again granted, to include express findings as to all four elements. See Angelino v. Santa Barbara Enters., LLC, 2 So. 3d 1100, 1103 (Fla. 3d DCA 2009) (“A temporary injunction that merely recites legal conclusions is insufficient to support its entry.”); Phelan v. Trifactor Sols., LLC, 312 So. 3d 1036, 1039 (Fla. 2d DCA 2021) (reversing and remanding temporary injunction where trial court did not make express findings as to all four required elements for a temporary injunction). Reversed and remanded with instructions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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City of Miami v. VQ Everglades Rental, LLC (Fla. 3d DCA 2023)…ings as to all four elements. See Angelino v. Santa Barbara Enters., LLC, 2 So. 3d 1100, 1103 (Fla. 3d DCA 2009) (“A temporary injunction that merely recites legal conclusions is insufficient to support its entry.”); Phelan v. Trifactor Sols., LLC, 312 So. 3d 1036, 1039 (Fla. 2d DCA 2021) (reversing and remanding temporary injunction where trial court did not make express findings as to all four required elements for a temporary injunction). Reversed and remanded with instructions.…
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Lusby v. Canevari, 363 So. 3d 233 (Fla. 6th DCA 2023)…s. Thus, in keeping with the requirements of rule 1.610 and longstanding case law interpreting the rule, we conclude that the failure to address this element in the injunction order necessitates reversal. See, e.g., Phelan v. Trifactor Sols., LLC, 312 So. 3d 1036, 1038-39 (Fla. 2d DCA 2021) (reversing temporary injunction that lacked the requisite findings and observing that "[i]n some cases, procedure precedes substance"). We also conclude that the injunction order must be reversed because the trial court f…
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Doss v. Basquill, P. A. (Fla. 2d DCA 2026)…n sought . . . ."). The order is erroneous on its face. "[T]emporary injunctions must strictly comply with Florida Rule of Civil Procedure 1.610." Marlette v. Carullo, 351 So. 3d 1193, 1195 (Fla. 2d DCA 2022) (citing Phelan v. Trifactor Sols., LLC, 312 So. 3d 1036, 1038 (Fla. 2d DCA 2021)). Rule 1.610(c) directs that "[e]very injunction shall specify the reasons for entry." The order before us is devoid of any factual findings to support the injunction and does not even purport to incorporate any oral finding…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Angelino v. Santa Barbara Enters., LLC, 2 So. 3d 1100 (Fla. 3d DCA 2009)
- City of Miami v. VQ Everglades Rental, LLC (Fla. 3d DCA 2023)