Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Injunctive relief in a Florida family law case is most commonly granted in domestic violence cases. However, injunctive relief is also applicable to other matters. It is appropriate to ask for injunctive relief when a party wants someone else to stop doing something that will cause irreparable harm. An example of this type of injunctive relief and the requirements for it is examined in the case Pyrinova v. Doyle, 4D22-3307 (Fla. 4th DCA June 21, 2023).
This case stems from a paternity matter which was resolved by final judgment. The father filed a motion for contempt against the mother which was granted along with an entitlement to attorney’s fees. The father then filed for injunctive relief, alleging that while the contempt proceedings were pending, the mother took title to real property with a third party and subsequently conveyed her interest in the property to the third party. Over the third party’s and the mother’s objection, the court entered an order granting a temporary injunction which required any funds from the sale of the property to be held in escrow pending further order of the court. The order did not require the father to post a bond and did not detail the reasons for the entry of the injunction. The third party filed a motion to dissolve the injunction and to intervene. When the trial court deferred ruling on the motion to dissolve, and an appeal followed.
The appellate court reversed, noting “On appeal, Appellant correctly argues that the temporary injunction fails to comply with Florida Family Law Rule of Procedure 12.605 for two reasons. First, the trial court did not require the father to post a bond. See Fla. Fam. L. R. P. 12.605(b) (‘No temporary injunction may 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.’); see also Fla. R. Civ. P. 1.610(b). Second, the order failed to set forth the reasons for entry of the temporary injunction. See Fla. Fam. L. R. P. 12.605(c) (‘Every injunction must specify the reasons for entry . . . .’); see also Lanigan v. Lanigan, 353 So. 3d 1188, 1190 (Fla. 4th DCA 2023) (reversing temporary injunction precluding the sale of real property owned by a nonparty because the order failed to set forth a factual basis for its entry).”
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