Florida Probate Litigation: Is a Bond Required to be Given by the Movant For a Temporary Injunction to be Entered?

What is a temporary injunction? How can a temporary injunction help me in my Florida probate litigation matter? When is an injunction needed? What should my West Palm Beach estate lawyer know about temporary injunctions? Am I required to pay a bond before my request for temporary injunction can be granted? Why would I have to pay a bond when seeking a temporary injunction?  You may want to read a June 21, 2017 Fourth DCA opinion, Lerner v. Dum.

Although Lerner v. Dum is not a Palm Beach probate case, it is a family law case dealing with a Florida temporary injunction. Palm Beach trust and estates litigators, in addition to Florida family law attorneys, encounter litigation involving temporary injunctions. Here, a husband appeals an order granting an ex parte temporary injunction prohibiting him from conducting specified financial transactions without a court order or consent from his wife. One of his arguments is that the court erred in failing to set a bond. Are bonds required in Florida when seeking a temporary injunction? Yes! The Fourth DCA quotes Florida Rules of Civil Procedure 1.610(b), which states, ” No temporary injunction shall be entered unless a bond is given by the movant in an amount the court deems proper..” Why would the court require there be a bond set? Does this make sense? Florida litigation lawyers understand that a bond is required with temporary injunctions in order to protect any party who suffers damages and may be wrongfully enjoined. If you want a temporary injunction to prevent a trustee from stealing money or to stop an evil personal representative from draining a decedent’s bank account, you will have to post a bond. To read the entire case, click here.