Temporary Injunctions and Florida Probate Litigation

What is a temporary injunction? When may a temporary injunction be needed in a Florida probate case? What should my probate lawyer know about temporary injunctions? Can you file a petition for a temporary injunction to prevent someone from taking estate assets? What must a party establish in order to seek a temporary injunction in a Florida trust and estates case? You may want to read a recent Fourth DCA opinion, Maldonado v. Buchsbaum. 

Here, the personal representative filed a petition for a temporary injunction ” to restrain decedent’s home health aide, who allegedly exercised undue influence over decedent, from taking possession of any estate assets, destroying any financial documents of the estate, and representing to other that she was the sole beneficiary of the estate or a representative of the decedent.” The trial court issued the temporary injunction. However, the appellate court held that the temporary injunction was not valid because it did not strictly follow Rule 1.610. The injunction issued here was without notice so it was defective because the trial court failed to endorse the date and hour of entry, and failed to set a bond. To read the entire opinion, click here. To interview a Florida probate attorney, free of charge, call (561)514-0900 ext.101.