Temporary Injunctions and Florida Litigation

Do you know what an injunction is? When can you request an injunction in your Florida lawsuit? Did you know that an injunction can sometimes be used to stop a trustee from acting without Court permission. Are you entitled to an injunction from the probate court in West Palm Beach? You may want to read a recent Fourth DCA opinion, Lerner v. Dum.

An injunction is a special type of Court Order that a civil or probate court can order.This order prevents a party from doing certain acts that they may otherwise lawfully do. For example, if a trustee is about to terminate a trust or cut you off from it, this may be enjoined by the probate court in West Palm Beach. An injunction can be a difficult remedy to get though, and you will have to show a specific right to it to convince the probate court. Experienced Palm Beach probate attorneys know how to get the Court to issue an injunction if one is warranted. Do you know what you will need to include in your motion for an injunction?Do you know whether or not you want a permanent or temporary injunction?

Although Lerner v. Dum is not a probate case, it is a family law case dealing with a Florida temporary injunction. Palm Beach trust and estates litigators are very familiar with temporary injunctions. 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 is that the 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..”

To read the entire case, click here.