Elbadramany v. Oceans Four Condominium Ass'n
Elbadramany v. Oceans Four Condominium Ass'n
Opinion of the Court
Appellant (Fadel) appeals from a mandatory injunction entered against him, arguing the lower court was without jurisdiction to issue the injunction. We agree and reverse.
Originally, Fade! brought a suit against Oceans Four Condominium Association, Inc., in which he asked for an injunction to prevent it from enforcing a bylaws provision against him, and requested that a lien recorded against his property be declared null and void. Oceans Four counterclaimed for $2,500 in fines it had assessed as a result of Fadel’s violation of the bylaws
The final judgment contained a finding that the only legal remedy available to Oceans Four was a mandatory injunction.
A trial court loses jurisdiction after the ten-day period for rehearing or new trial,
In this case, Oceans Four’s right to an injunction was neither requested, adjudicated, nor granted. The language contained in the final judgment was conditional or advisory only, and not determinative of Oceans Four’s right to such relief. The lower court had no jurisdiction to grant the injunction and such action constituted more than mere enforcement of the judgment. An independent action which determines Oceans Four’s right to an injunction is required.
REVERSED.
.The court stated:
That the only legal remedy the defendant has to enforce the furnishing of a key by-law [sic] against the plaintiff would be by way of bringing its own action for a mandatory injunction to force the plaintiff to comply with the by-law and the defendant could not enforce the by-law by enforcing a continuing fine against the plaintiff and enforce same in Court by a lawsuit for damages.
. Fla.R.Civ.P. 1.530(b).
. See, e.g., Fla.R.Civ.P. 1.610, Injunctions, Committee Note, a pleading seeking an injunction must be filed before an injunction may be granted. Sub judice no such pleading has ever been filed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.