Dade County v. Ward

Florida Circuit Courts

Dade County v. Ward

22 Fla. Supp. 2d 165

CourtCircuit Court for the Judicial Circuits of Florida

DecidedMay 20, 1987

DocketCase Nos. 86-345 AP, 86-397 AP (County Court Case No. 86-6012CC25)

StatusPublished

This text of 22 Fla. Supp. 2d 165 (Dade County v. Ward) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dade County v. Ward, 22 Fla. Supp. 2d 165 (Fla. Super. Ct. 1987).

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Opinion

OPINION OF THE COURT

PER CURIAM.

This court finds that the order issued by the lower court directing both parties to perform certain tasks was in the form of a mandatory injunction. A mandatory injunction commands acts to be done or undone and may require the performance of some affirmative acts. Zetrouer v. Zetrouer, 103 So.2d 625 (Fla. 1925). In so doing, the lower court acted beyond the scope of its jurisdictional powers. Article V, § 20.3, Florida Constitution.

This tribunal notes the lower court’s concern for the welfare of the [166]*166appellee and her children, however, a court cannot issue an order considered to be in the best interest of social justice without regard to established law. Flagler v. Flagler, 95 So.2d 592 (Fla. 1955). The order of the lower court is therefore quashed and this cause is remanded for further proceedings consistent with this opinion.

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OPINION OF THE COURT

PER CURIAM.

This court finds that the order issued by the lower court directing both parties to perform certain tasks was in the form of a mandatory injunction. A mandatory injunction commands acts to be done or undone and may require the performance of some affirmative acts. Zetrouer v. Zetrouer, 103 So.2d 625 (Fla. 1925). In so doing, the lower court acted beyond the scope of its jurisdictional powers. Article V, § 20.3, Florida Constitution.

This tribunal notes the lower court’s concern for the welfare of the [166]*166appellee and her children, however, a court cannot issue an order considered to be in the best interest of social justice without regard to established law. Flagler v. Flagler, 95 So.2d 592 (Fla. 1955). The order of the lower court is therefore quashed and this cause is remanded for further proceedings consistent with this opinion.

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Bluebook (online)

22 Fla. Supp. 2d 165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dade-county-v-ward-flacirct-1987.

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