Florida District Courts of Appeal, 1977

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

Florida District Courts of Appeal · Decided August 30, 1977 · Barkdull, Hubbart, Pearson

349 So. 2d 769; 1977 Fla. App. LEXIS 16569 (Southern Reporter, Second Series)

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).

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