Florida Statute 542.335, Temporary Injunctions, and Florida Litigation

A June 21, 2017 Fourth DCA opinion, Lerner v. Dum, is a family law opinion dealing with a Florida temporary injunction. Although this is not a Florida trust and estates case, Lerner v. Dum reminds us of a VERY important rule regarding temporary injunctions in Florida litigation.

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 was that the trial 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..” Click here to read the entire case.

In addition, to discover more information regarding temporary injunctions in Florida and required bonds, you can read Florida Statute 542.335. Pursuant to Fla. Stat. § 542.335(1)(j), no preliminary injunction should issue without the enforcing party posting a bond sufficient to pay for costs and damages suffered by any party that may be wrongfully enjoined. If you think that a temporary injunction should be granted in your probate litigation lawsuit, you should contact an experienced probate litigator to assist you.

For a FREE consultation with Pankauski Hauser’s managing partner, John Pankauski, call (561) 514-0900 Ext. 101.