Florida Trust and Estates Litigation: Should a Trial Court Set a Bond Before Granting a Temporary Injunction? Yes!

Probate lawyers throughout Florida know that injunctions can be very beneficial in some circumstances. For example, an injunction can be used to prevent a Florida trustee from wrongfully draining a decedent’s bank accounts. In addition, an injunction can prohibit someone from conducting specified financial transactions without a court order. It is important for your trust lawyer to be very familiar with the Florida laws regarding both temporary and permanent injunctions. This is so that they can properly assist you in asking the probate court for an injunction. Furthermore, if an injunction is filed against you, an experienced estate lawyer can help you dispute it.

Trust litigation lawyers know that a bond MUST be given by the movant before a temporary injunction shall be entered. Fla. R. Civ. P. 1.610(b). This bond shall be in the amount the court deems proper. Id. Why does the movant have to give a bond? West Palm Beach trust lawyers understand that this requirement is to protect  other parties in case they wrongfully occur costs or are wrongfully damaged due to the temporary injunction.

To read a recent Florida opinion from the Fourth DCA, which discusses temporary injunctions and the bond requirement,click here.