reversing and remanding for trial court to either enter order that satisfies requirements for entry of temporary injunction, or, if appropriate, an order denying injunction
How later courts described this case
- reversing and remanding for trial court to either enter order that satisfies requirements for entry of temporary injunction, or, if appropriate, an order denying injunction
Written by the judges who cited it.
The opinion
IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
WALTON COUNTY, WALTON NOT FINAL UNTIL TIME EXPIRES TO
COUNTY BOARD OF COUNTY FILE MOTION FOR REHEARING AND
COMMISSIONERS, WAYNE DISPOSITION THEREOF IF FILED
DYESS, AND BILLY
BEARDEN, CASE NO. 1D14-2533
Appellants,
v.
SANDESTIN INVESTMENTS,
LLC, A FLORIDA LIMITED
LIABILITY COMPANY,
Appellee.
_____________________________/
Opinion filed October 14, 2014.
An appeal from the Circuit Court for Walton County.
Kelvin C. Wells, Judge.
Mark D. Davis and Sidney N. Noyes, Office of the County Attorney, DeFuniak
Springs, for Appellants.
Dana C. Matthews, Scott M. Work, and Dana C. Matthews II of Matthews &
Jones, LLP, Destin, for Appellee.
PER CURIAM.
Appellant seeks review of a non-final order granting Appellee’s request for a
temporary injunction. We remand for further proceedings consistent with this
opinion.
As this Court has previously held, the issuance of a temporary injunction is
an extraordinary remedy which must be based on a showing of the following
criteria: “(1) the likelihood of irreparable harm; (2) the unavailability of an
adequate remedy at law; (3) substantial likelihood of success on the merits; and (4)
considerations of public interest.” Tom v. Russ, 752 So. 2d 1250, 1251 (Fla. 1st
DCA 2000) (citing Spradley v. Old Harmony Baptist Church, 721 So. 2d 735, 737
(Fla. 1st DCA 1998)). Pursuant to Florida Rule of Civil Procedure 1.610, a trial
court’s order granting injunctive relief must “specify the reasons for the entry” of
the injunction. This Court has emphasized that “[c]lear, definite, and
unequivocally sufficient factual findings must support each of the four conclusions
necessary to justify entry of a preliminary injunction.” Spradley, 721 So. 2d at 737
(quoting City of Jacksonville v. Naegele Outdoor Adver. Co., 634 So. 2d 750, 754
(Fla. 1st DCA 1994)).
The order on appeal failed to address any of the four criteria necessary for
the issuance of an injunction and failed to set forth any factual findings in support
of the required criteria. Accordingly, we remand with instructions to the trial court
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to either enter an order that satisfies all the requirements for entry of a temporary
injunction or, if appropriate, an order denying the injunction.
REVERSED and REMANDED.
THOMAS, ROBERTS, and CLARK, JJ., CONCUR.
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