Provident Mgmt. Corp. v. TREASURE ISLAND

796 So. 2d 481, 2001 WL 543679
CourtSupreme Court of Florida
DecidedMay 24, 2001
DocketSC96000
StatusPublished
Cited by17 cases

This text of 796 So. 2d 481 (Provident Mgmt. Corp. v. TREASURE ISLAND) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Provident Mgmt. Corp. v. TREASURE ISLAND, 796 So. 2d 481, 2001 WL 543679 (Fla. 2001).

Opinion

796 So.2d 481 (2001)

PROVIDENT MANAGEMENT CORPORATION, Petitioner,
v.
CITY OF TREASURE ISLAND, Respondent.

No. SC96000.

Supreme Court of Florida.

May 24, 2001.
Rehearing Denied September 26, 2001.

*482 Steven L. Brannock, Karl J. Brandes and Stacy D. Blank of Holland & Knight LLP, Tampa, FL, for Petitioner.

W. Douglas Berry, William R. Lewis, and Robert C. Weill of Butler Burnette Pappas, Tampa, FL; James Denhardt, City Attorney, and Edward Foreman and Thomas E. Reynolds, St. Petersburg, FL, for Respondent.

PARIENTE, J.

We have for review a decision of the Second District Court of Appeal certifying the following question to be of great public importance:

DO THE LIMITATIONS ON LIABILITY IN SECTION 768.28, FLORIDA STATUTES (1989), APPLY TO A CLAIM FOR WRONGFUL INJUNCTION AGAINST A CITY THAT WAS NOT REQUIRED TO POST AN INJUNCTION BOND?

City of Treasure Island v. Provident Mgmt. Corp., 738 So.2d 357, 362 (Fla. 2d DCA 1999) ("Provident II"). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons explained in this opinion, we answer the certified question in the negative.

BACKGROUND

This is the second time this case has been before us and we detailed the facts of this case in our earlier decision. See Provident Mgmt. Corp. v. City of Treasure Island, 718 So.2d 738, 738-39 (Fla.1998) ("Provident I"). In short, many property owners at the Land's End condominium complex employed Provident Management Corporation ("Provident") as a rental agent to rent their units on a short-term basis. See id. at 738. The City of Treasure Island ("City") issued a cease and desist order to both Provident and the unit owners, informing them that short-term rentals violated the City's local zoning code. See id. The City thereafter sought a temporary injunction barring Provident from acting as a rental agent for Land's End properties. See id. In response, Provident requested that the trial court require the City to post a bond and the colloquy proceeded as follows:

MR. FERGUSON (counsel for Provident): Sure. There is a bond issue here. It's undisputed, I think, from the testimony, that these people can lose substantial income.
THE COURT: I don't think a municipality is required to post a bond.
MR. FOREMAN (counsel for the City): We are not required to post bond.
THE COURT: [The City has] unlimited resources. If [property owners] are damaged they can sue [the City].
The law says that they are not required to put a bond up. I mean I didn't pass that law, that is a Statute.
MR. FOREMAN: There you go.

Provident I, 718 So.2d at 740. The order granting the temporary injunction stated that the City was not required to post a bond. See id. at 738. The Second District *483 ultimately reversed the injunction because it found that Provident could not be restricted in its short-term rentals under the plain language of the code. See Belair v. City of Treasure Island, 611 So.2d 1285 (Fla. 2d DCA 1992).[1] On remand, the trial court awarded Provident damages for its losses under the injunction. See Provident I, 718 So.2d at 739.

The City appealed the damages award to the Second District, which framed "[t]he dispositive issue on appeal" as "whether a municipality becomes its own surety, as a matter of law, when the court requires no bond in its order granting a temporary injunction." City of Treasure Island v. Provident Mgmt. Corp., 678 So.2d 1322, 1324 (Fla. 2d DCA 1996). The Second District concluded that Florida Rule of Civil Procedure 1.610(b)[2] and our decision in Parker Tampa Two, Inc. v. Somerset Development Corp., 544 So.2d 1018 (Fla. 1989),[3] "do not treat a governmental agency as if it were its own surety." 678 So.2d at 1324. Accordingly, the Second District reversed the damages award, concluding that "[i]n the absence of a bond, as in this case, or when a party seeks to recover damages beyond the amount of the bond, the party must allege and prove some other cause of action."[4]Id. at 1325. Further, the Second District acknowledged that as a result of its decision and this Court's decision in Parker Tampa Two, "a trial court that automatically dispenses with a bond when the plaintiff is a governmental agency risks creating losses for a defendant that will not be recoverable if the injunction is ultimately reversed. Thus, this discretionary decision [by the trial court] should be made with care." Id. at 1325 n. 3.

We accepted jurisdiction in Provident I to consider whether damages resulting from the issuance of the preliminary injunction were precluded because the trial court had dispensed with the City's need to post an injunction bond pursuant to rule 1.610(b). 718 So.2d at 739. Because the trial court dispensed with the requirement that the City post an injunction bond, the City asserted in Provident I that no damages could be recovered against it. See id. We rejected this argument and held that "where a court `dispense[s] with a bond' pursuant to the provisions of rule 1.610(b), the enjoined party is entitled to seek the full measure of the damages it sustained by reason of the wrongfully issued preliminary injunction." Id. (emphasis supplied).[5]*484 Although raised by the City in Provident I, the majority opinion declined to address the precise issue we now confront: whether sovereign immunity prevented or limited Provident's recovery of damages for the wrongful injunction when the trial court did not require a bond as a condition of the temporary injunction. See id. at 740-41.[6]

We must address this issue now because, on remand from this Court in Provident I, the Second District concluded that although the doctrine of sovereign immunity did not preclude an award of damages against the City, the damages award was subject to the limitations of section 768.28(5), Florida Statutes (1989).[7]See Provident II, 738 So.2d at 362. Although the Second District affirmed the amount of damages, the Second District reversed the judgments to the extent that they included prejudgment interest, which is not authorized by section 768.28(5). In addition, the court reversed Provident's judgment to the extent that it contained no restriction on execution above the statutory cap of $100,000, also set forth in section 768.28(5). See id.[8]

*485 ANALYSIS

The issue presented by the certified question in this case is whether the limitations of liability contained in section 768.28, the statute waiving the State's sovereign immunity for tort claims, apply to limit an award of damages caused by a wrongfully entered injunction obtained by a governmental entity. The Second District found it "difficult to square" this Court's holding that Provident was entitled to seek damages for wrongful injunction "with a determination that total immunity exists." Id. at 360.

On appeal to this Court, the City does not argue that it is completely immune from liability for the losses suffered, but it instead asks this Court to approve the Second District's holding that the City's liability is subject to the limitations found in section 768.28.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

AMNESIA INTERNATIONAL, LLC, etc. v. CITY OF MIAMI BEACH, etc.
District Court of Appeal of Florida, 2023
CITY OF FORT LAUDERDALE v. WALTER HINTON
District Court of Appeal of Florida, 2019
Villasol Community Development District v. TC 12, LLC
265 So. 3d 446 (Supreme Court of Florida, 2018)
Florida Department of Transportation v. Dorthy Schwefringhaus
188 So. 3d 840 (Supreme Court of Florida, 2016)
Florida Carry, Inc. v. University of Florida
180 So. 3d 137 (District Court of Appeal of Florida, 2015)
Department of Transportation v. CSX Transportation, Inc.
128 So. 3d 209 (District Court of Appeal of Florida, 2013)
State v. BRADENTON GROUP, INC.
26 So. 3d 636 (District Court of Appeal of Florida, 2010)
DiChristopher v. BOARD OF COUNTY COM'RS
908 So. 2d 492 (District Court of Appeal of Florida, 2005)
American Home Assur. v. NAT. RR CORP.
908 So. 2d 459 (Supreme Court of Florida, 2005)
National Railroad Passenger Corporation (Amtrak), Csx Transportation, Inc., Plaintiffs-Cross-Defendants-Counter-Defendants-Cross-Appellants-Cross-Appellees, American Home Assurance Company, F.U.B.O. Stewart and Stevenson Services, Inc., Plaintiff-Appellant-Cross-Appellee v. Rountree Transport and Rigging, Inc., Defendant-Cross-Defendant-Appellee, Kissimmee Utility Authority, Defendant-Cross-Claimant-Cross-Defendant-Counter-Claimant-Counter-Defendant-Third-Party-Plaintiff-Third-Party-Defendant-Appellee-Cross-Appellant, Woko Transportation, Black and Veatch, Defendants-Cross-Claimants-Cross-Defendants-Counter-Claimants-Counter-Defendants-Third-Party-Plaintiffs-Third-Party-Defendants-Appellees, Florida Municipal Power Agency, Defendant-Cross-Claimant-Cross-Defendant-Counter-Claimant-Counter-Defendant-Third-Party-Plaintiff-Third-Party-Defendant-Appellee-Cross-Appellant, General Electric Company, Inc., Consolidated Defendant-Third-Party Defendant-Appellee-Cross-Appellant, Stewart and Stevenson Services, Inc., Movant-Cross-Appellant. American Home Assurance Company, F.U.B.O. Stewart and Stevenson Services, Inc., Plaintiff-Counter-Defendant-Appellant-Cross-Appellee v. National Railroad Passenger Corporation (Amtrak), Csx Transportation, Inc., Defendants-Appellees-Cross-Appellants, Rountree Transport and Rigging, Inc., Defendant-Cross-Defendant-Appellee, Kissimmee Utility Authority, Defendant-Appellee-Cross-Appellant, Florida Municipal Power Agency, Movant-Appellee-Cross-Appellant, General Electric Co., Movant-Appellee-Cross-Appellant, Stewart and Stevenson Services, Inc., Movant-Cross-Appellant. National Railroad Passenger Corporation (Amtrak), Csx Transportation, Inc., Plaintiffs-Cross-Defendants-Counter-Defendants, J.E. Bedgood, Jr., Linda Bedgood, American Home Assurance Company, F.U.B.O. Stewart and Stevenson Services, Inc. v. Rountree Transport and Rigging, Inc., Defendant-Cross-Defendant-Appellee, Kissimmee Utility Authority, Defendant-Cross-Claimant-Cross-Defendant-Counter-Claimant-Counter-Defendant-Third-Party-Plaintiff-Third-Party-Defendant, Woko Transportation, Defendant-Cross-Claimant-Cross-Defendant-Counter-Claimant-Counter-Defendant-Third-Party-Plaintiff-Third-Party-Defendant, Black and Veatch, Defendants-Cross-Claimants-Cross-Defendants-Counter-Claimants-Counter-Defendants-Third-Party-Plaintiffs-Third-Party-Defendants-Appellants, Florida Municipal Power Agency, Defendant-Cross-Claimant-Cross-Defendant-Counter-Claimant-Counter-Defendant-Third-Party-Plaintiff-Third-Party-Defendant, General Electric Co., Third-Party-Defendant-Appellee
286 F.3d 1233 (Third Circuit, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
796 So. 2d 481, 2001 WL 543679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/provident-mgmt-corp-v-treasure-island-fla-2001.