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Temporary Injunctions and Florida Inheritances

Uncategorized Apr 14, 2019
post about Temporary Injunctions and Florida Inheritances

A November 14, 2018  Fourth DCA opinion, Olson v. Olson, is a family law opinion dealing with a Florida temporary injunction. Although this is not a Florida trust and estates case, Olson v. Olson reminds us of  important rules regarding temporary injunctions in Florida litigation.

Here, a former husband appeals an order granting a  temporary injunction that freezes all of his assets, including a pending inheritance. The former wife presented no evidence in support of her petition. The appellate court reversed the temporary injunction. The Fourth DCA explains that ” a party seeking a temporary injunction must establish that (1) irreparable harm will result if the temporary injunction is not entered ; (2) an adequate remedy at law is unavailable; (3) there is a substantial likelihood of success on the merits; and (4) entry of the temporary injunction will serve the public interest.” 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. 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.

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