CHRISTOPHER CATHCART ATTORNEY AT LAW REPORTED CASES
Case 1
703 So.2d 1218
23 Fla. L. Weekly D233
(Cite as: 703 So.2d 1218)
MITTS, BOYLE & ASSOCIATES, INC., Appellant,
v.
BOYLE ACCOUNTING SERVICES, INC., et al., Appellees.
No. 97-934.
District Court of Appeal of Florida, Fifth District.
Jan. 2, 1998. |
|
Non-Final Appeal from the Circuit
Court for Orange County; George A. Sprinkel, IV, Judge.
Christopher C. Cathcart, Orlando, for Appellant. Samuel
W. Braver and Deborah A. Little, of Buchanan, Ingersoll
Professional Corporation, Tampa, for Appellees.
GRIFFIN, Chief Judge.
Appellant, Mitts, Boyle & Assoc., Inc., appeals a
temporary injunction, complaining of several procedural
and substantive defects. We agree that because the findings
required for issuance of a temporary injunction are lacking
[FN1] and because no bond was required, [FN2] entry of
the injunction was error. We remand for the lower court
promptly to enter a proper temporary injunction or to
dissolve it. We observe further that if the court's reasons
for issuance of an injunction are dependent on any disputed
fact, the court should conduct an evidentiary hearing.
FN1. Snibbe v. Napoleonic
Soc. of America, Inc., 682 So.2d 568 (Fla. 2d DCA 1996);
City of Jacksonville v. Naegele Outdoor Advertising
Co., 634 So.2d 750 (Fla. 1st DCA 1994), approved, 659
So.2d 1046 (Fla.1995); see also Hutchinson v. Kimzay,
Inc., 637 So.2d 942 (Fla. 5th DCA 1994).
FN2. Hinsley v. Whited,
623 So.2d 611 (Fla. 5th DCA 1993); Petriccione v. Ocean
Landings Condominium Ass'n, Inc., 615 So.2d 215
(Fla. 5th DCA 1993).
REVERSED and REMANDED.
COBB and HARRIS,
JJ., concur.
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