Florida Temporary Injunction
A March 5, 2021 decision from the 2nd District Court of Appeal sheds light on Florida temporary injunctions. We have provided solid Florida legal commentary about injunctions before. Why now? Read on !
How do you win a temporary injunction? There are generally four requirements that you must show or prove. Here they are: (1) a likelihood of irreparable harm; (2) unavailability of an adequate legal remedy; (3) a substantial likelihood of succeeding on the merits; and (4) considerations of the public interest. “We have filed and also defended motions for temporary injunctions” says Trust + Estate Litigation Lawyer John Pankauski. “We are very familiar with Rule 1.610 and the caselaw. We know what is required to win.”
Florida Temporary Injunctions for Estates and Trusts
Be sure to read Florida Rule of Civil Procedure 1.610. Following that rule is key to obtaining an injunction. Many estate beneficiaries and family members want probate assets frozen! Many believe, whether correctly, or incorrectly, that estate money may be mis-spent, taken or squandered. What about Florida trusts? Under the Florida Trust Code, trust beneficiaries know that a judge can freeze a Florida trust. A “freeze” is a Florida temporary injunction. Want to read more about what a Florida Trust Judge can do? Consider reading 736.0201 and also 736.1001 of the Florida Trust Code. Or read this new opinion about Florida temporary injunctions.
What You Need to Know!
Why do so many estate and trust beneficiaries want to know about Florida temporary injunctions? The 2nd District Court of Appeal issued its opinion in Phelan v. Trifactor Solutions, LLC on March 5, 2021. This case dealt with a Florida noncompete clause in an employment contract. That’s right. This recent opinion was not a probate or trust case. So, why is one of Florida’s most prominent probate litigation law firms providing legal commentary about a Florida noncompete? Because in trust and estate lawsuits in Florida, a lot of family members want the Probate Court to “freeze” assets. An asset freeze is an injunction. Very few injunctions are permanent. Generally, injunctions may be appropriate to obtain or maintain a “status quo” until something happens later. The most common example is a Florida probate court “freezing” trust assets, or estate assets, until the probate is complete. Or, until the ultimate beneficiaries are determined. Some Florida appeals courts have written that a probate judge has an inherent authority to issue a status quo freeze. Why? The purpose is generally to protect inheritances and estate assets until final distribution. This can also mean until the true beneficiaries are determined.