La Gran Familia, Inc. v. Cuba Pharmacy, Inc.

Florida District Courts of Appeal August 30, 1977

La Gran Familia, Inc. v. Cuba Pharmacy, Inc., 349 So. 2d 769 (1977)

1977 Fla. App. LEXIS 16569

Barkdull, Hubbart, Pearson

Opinion of the Court

PER CURIAM.

This appeal considers the propriety of a temporary injunction issued, without requiring the plaintiff to post an injunction bond. We reverse.

*770The matter did not arise out of a domestic relation action,1 but was an attempt to enjoin alleged malicious activities by the defendant. The injunction should not have been issued without requiring the plaintiff to post a bond. Belk’s Department Store, Miami, Inc. v. Scherman, 117 So.2d 845 (Fla. 3d DCA 1960); Metropolitan Dade County v. Polk Pools, Inc., 124 So.2d 737 (Fla. 3d DCA 1960); Tampa Port Authority v. Deen, 179 So.2d 416 (Fla. 2d DCA 1965); Byrne v. Rec Centers, Inc., 309 So.2d 177 (Fla. 4th D.C.A. 1975); Fla.R.Civ.P. 1.610.

Reversed and remanded.

. Even in case of a divorce action it may be necessary to show inability to make bond to obtain a temporary injunction, without necessity of posting bond. See: Voss v. Voss, 169 So.2d 351 (Fla. 3rd DCA 1964).

Reference

Full Case Name: LA GRAN FAMILIA, INC., a Florida Corporation v. CUBA PHARMACY, INC., a Florida Corporation
Cited By: 3 cases
Status: Published