Last Comic Winning Palm Beach Appeal: Comedian Doug Stanhope Wins Florida Injunction Case

If you are a fan of stand up comedy, and particularly comedian Doug Stanhope, you will want to read this recent Appeals Court opinion from the Palm Beach Appellate Court regarding a temporary injunction.

4th DCA Finds for Comic Comedian Doug Stanhope on Attorneys Fees  In Ft. Lauderdale Injunction Case

• The appeals court for the Palm Beach area is called the 4th District Court of Appeal
• The 4th DCA hears appeals of trial orders and judgments from Broward  County, Palm Beach County and Martin County, Florida
• The 4th DCA just reversed a Ft. Lauderdale trial judge’s order regarding a temporary injunction and attorneys fees
• Comedian Doug Stanhope was an appellant

Doug Stanhope Appeals Order on Attorneys Fees in Broward Lawsuit

• Comedian Doug Stanhope appealed an order awarding him, and the other appellant, attorneys fees BUT LIMITING THE ATTORNEYS FEES to $100
• A plaintiff filed an emergency ex parte motion for temporary injunction against Stanhope and another
• The plaintiff believed that he would be defamed by Stanhope and the other appellant, Andrew J. Andrist
• The comics posted on Twitter and Facebook a plan to confront the plaintiff at a hotel with a camera crew and show the taped interview at a stand up comedy show in West Palm Beach

Florida Injunction Law: Emergency or Ex Parte Injunctions

• There was a BIG issue of whether notice to the comics or their attorney was proper or not
• The Ft. Lauderdale court granted the ex parte temporary injunction without notice to Stanhope
• 9 days later, Stanhope filed a verified emergency motion to dissolve the Florida temporary injunction
• The Broward court dissolved the temporary injunction
• Stanhope filed a motion for attorneys fees

Motion for Attorneys Fees from Ex Parte Temporary Injunction

• Stanhope argued that the ex parte temporary injunction was not sought in good faith among other things
• The Broward court agreed and awarded attorneys fees limited to the $100 bond posted by plaintiff
• Stanhope appealed this, wanting more than $100 in attorneys fees
• The Appeals Court for Broward County, Florida, the 4th District Court of Appeal, agreed and reversed the Ft. Lauderdale judge
• Attorneys fees may exceed the amount of the bond if the TRO was sought in bad faith or if the bond is set without an evidentiary hearing on damages

Although our West Palm Beach law firm was not involved in this matter, we have handled ex parte and temporary injunctions, both at the trial court level and on appeal, including at the 4th DCA.  Our firm has a partner who is Florida Bar Board Certified Attorney in Appellate law.  Feel free to call with questions if we can assist with any appellate or trial matter:  (561)- 514-0900