CITY OF MIAMI v. VQ EVERGLADES RENTAL, LLC

• Court: District Court of Appeal of Florida
• Decided: March 29, 2023
• Docket: 22-0980
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed March 29, 2023. Not final until disposition of timely filed motion for rehearing.

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No. 3D22-0980 Lower Tribunal No. 22-9226 ________________

City of Miami, Appellant,

vs.

VQ Everglades Rental, LLC, Appellee.

An Appeal from a non-final order from the Circuit Court for Miami- Dade County, Lourdes Simon, Judge.

Victoria Méndez, City Attorney and Kerri L. McNulty, Senior Appellate Counsel, and Rachel S. Glorioso Dooley, Senior Assistant City Attorney, for appellant.

Perlman, Bajandas, Yevoli & Albright, PL, and Sebastian Jaramillo, for appellee.

Before LOGUE, MILLER and BOKOR, JJ.

BOKOR, J. The City of Miami appeals the entry of a temporary injunction against

demolition of an unsafe structure. Because the trial court did not make

specific factual findings as to all four required elements for a temporary

injunction, we reverse and remand for the trial court to reconsider its ruling

and, if such injunction is again granted, to include express findings as to all

four elements. See Angelino v. Santa Barbara Enters., LLC, 2 So. 3d

1100, 1103 (Fla. 3d DCA 2009) (“A temporary injunction that merely recites

legal conclusions is insufficient to support its entry.”); Phelan v. Trifactor

Sols., LLC, 312 So. 3d 1036, 1039 (Fla. 2d DCA 2021) (reversing and

remanding temporary injunction where trial court did not make express

findings as to all four required elements for a temporary injunction).

Reversed and remanded with instructions.