COLONIAL PRESS OF MIAMI, INC, A FLORIDA CORPORATION, APPELLANT,
v.
INDUSTRIAL MEDICINE PUBLISHING CO., INC, AN ILLINOIS CORPORATION, APPELLEE
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The Third District Court of Appeal of Florida affirmed the lower court's denial of a motion to dismiss an action on an injunction bond. The court found that the case was distinguishable from precedent that would have allowed dismissal, and the appellee should have an opportunity to prove damages.
No, the action on the injunction bond should not be dismissed. The lower court correctly denied the appellant's motion to dismiss.
“This order dissolved the injunction and required that the bond remain posted until appellee shall have an opportunity to prove up such damages as it may have suffered by reason of having been improvidently enjoined, according to the terms of the injunction bond.”
Establishes the condition under which the bond remained posted after the voluntary dismissal.
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Join FLexlaw to unlock all legal intelligenceAppellant obtained a temporary injunction and posted a $5,000 bond. Appellant later voluntarily dismissed the cause, and the injunction was dissolved.…
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In 1963, appellant obtained a temporary injunction and posted a Five Thousand Dollar bond. On June 6, 1966, appellant voluntarily dismissed the cause and on June 14, 1966 obtained an order of dismissal without prejudice. This order dissolved the injunction and required that the bond remain posted until appellee shall have an opportunity to prove up such damages as it may have suffered by reason of having been improvidently enjoined, according to the terms of the injunction bond. Appellant moved to dismiss the action on the injunction bond relying on Rice v. White, Fla.App. 1962, 147 So.2d 204, 91 A.L.R.2d 1306. The motion was denied and this interlocutory appeal followed.
A review of all the circumstances reveals that the case of Rice v. White, supra, is distinguishable on its facts from the case before us and we conclude that the lower court correctly denied appellant’s motion to dismiss. See Mitchell v. Sullivan, 30 Kan. 231, 1 P. 518 (1883); Hatch v. National Surety Corp., 105 Mont. 245, 72 P.2d 107 (1937). See also: M. Blatt Company v. Southwell, 259 N.C. 468, 130 S.E.2d 859, 862; 28 Am.Jur. Injunctions § 340; Annotations 91 A.L.R.2d 1312.
Affirmed.
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Lorie v. C.L.N., 757 So. 2d 610 (Fla. 3d DCA 2000)…on the theory that they assume the hazard of the plaintiffs independently abandoning his suit at any time before final submission.” This court has followed the above general rule. See Colonial Press of Miami, Inc. v. Industrial Medicine Publ’g Co., 199 So. 2d 494 (Fla. 3d DCA 1967). We reverse the trial court’s order and remand for a hearing to determine whether the Lories suffered any damages because of the restraints placed upon them by the temporary injunction, and the extent of the damages. If the court…
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Nader + Museu I, LLLP v. Miami Dade Coll. (Fla. 3d DCA 2020)…n, ‘except in actions wherein property has been seized’ . . . was given no effect”). Our construction of the rule is further supported by the scant precedent in this narrow context. See Colonial Press of Miami, Inc. v. Indus. Med. Publ’g Co., Inc., 199 So. 2d 494, 494 (Fla. 3d DCA 1967) (affirming lower court’s denial of plaintiff’s motion to dismiss, where plaintiff obtained temporary injunction, then voluntarily dismissed case, but court entered subsequent order of dismissal requiring bond to remain posted…
Authorities Cited
- Richard Rice and wife v. Fred White and wife, 147 So. 2d 204 (Fla. 1st DCA 1962)