LOUIS SABETTI and JANICE SABETTI, Individually and as Trustees of the Thelma Murphy Smith Testamentary Trust v. SPENCER SMITH

• Court: District Court of Appeal of Florida
• Decided: December 16, 2020
• Docket: 20-1732
• Status: Published

Opinion

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

LOUIS SABETTI and JANICE SABETTI, Individually and as Trustee of the THELMA MURPHY SMITH TESTAMENTARY TRUST, Appellants,

v.

SPENCER SMITH, ET AL., Appellee.

No. 4D20-1732

[December 16, 2020]

Appeal of nonfinal order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; William W. Haury, Jr., Judge; L.T. Case No. CACE198-001231.

Duane Pinnock of Boyes, Farina & Matwiczyk P.A., Palm Beach Gardens, for appellants.

Virginia Wolf Gilliam of Gilliam & Gilliam, LLC, Miami Gardens, for appellee.

PER CURIAM.

We reverse the order granting a temporary injunction. The appellee agrees the appealed order lacks the required factual findings and that remand is required. Fla. R. Civ. P. 1.610(c); Salazar v. Hometeam Pest Def., Inc., 230 So. 3d 619, 622 (Fla. 2d DCA 2017). Because the trial court failed to make the required factual findings, we are unable to address the merits of whether the appellee proved the requisite elements to obtain a temporary injunction. The appellants’ alternative argument that the trial court lacked jurisdiction is without merit.

Reversed and remanded.

MAY, DAMOORGIAN, and KLINGENSMITH, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.