Temporary Injunctions and Inheritance Lawsuits in West Palm Beach

What is a temporary injunction? What should my Florida inheritance lawyer know about injunctions? When should a temporary injunction be filed in my Florida probate case? What must be established by a party seeking a temporary injunction? If you are involved in a Florida inheritance battle, you may want to read a recent Fourth DCA opinion, Maldonado v. Buchsbaum, to learn more about temporary injunctions. 

Here, the appellate court found that the temporary injunction order was defective because the trial court failed to endorse the date and hour of entry and did not set required bond. The court cites Florida Rule of Civil Procedure 1.610, which states that ” every temporary injunction granted without notice shall be endorsed with the date and hour of entry…” Furthermore, ” no temporary injunction shall be entered unless a bond is given by the movant in an amount the court deems proper, conditioned for the payment of costs and damages sustained by the adverse party if the adverse party is wrongfully enjoined.”  Because the temporary injunction issued by the trial court in this case was not endorsed with the date and hour of entry, and didn’t require a bond, it was deemed defective by the appellate court. To read the entire opinion and learn more about temporary injunctions in Florida probate cases, click here.