Florida District Courts of Appeal, 1983

Town of Davie v. Winters

Town of Davie v. Winters
Florida District Courts of Appeal · Decided March 30, 1983 · Anstead, Beranek, Downey
428 So. 2d 784; 1983 Fla. App. LEXIS 20301 (Southern Reporter, Second Series)

Town of Davie v. Winters

Opinion of the Court

PER CURIAM.

This is an interlocutory appeal from a temporary restraining order. Such orders are governed by Rule of Civil Procedure 1.610. We reverse. The order was entered without sworn pleadings, affidavits, or evidence. No bond was required. Specifically in violation of subsection (d) of Rule 1.610, the order did not specify the reasons for entry or describe in reasonable detail the act or acts restrained without reference to *785another document. In fact, the order specifically made reference to other documents. The proceedings below were in substantial violation of the Rule, and the temporary restraining order is thus vacated.

ORDER VACATED.

DOWNEY and BERANEK, JJ., concur. ANSTEAD, J., dissents without opinion.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.