Seminole Electric Cooperative, Inc. v. Apalachicola Northern Railroad

District Court of Appeal of Florida

Seminole Electric Cooperative, Inc. v. Apalachicola Northern Railroad

744 So. 2d 1158, 1999 Fla. App. LEXIS 14332, 1999 WL 979473

District Court of Appeal of Florida·Decided October 29, 1999·No. No. 99-1182·Published

Opinion

LAWRENCE, J.

Seminole Electric Cooperative, Inc., (Seminole) appeals the order of the trial court granting Apalachicola Northern Railroad Company’s (ANR) motion for temporary injunction wherein ANR sought to enforce certain termination provisions of a transportation contract entered into between the two parties. We find no error in the trial court’s grant of the temporary injunction, except in one respect. The record indicates that the trial court failed to set a bond as required by rule 1.610(b) of the Florida Rules of Civil Procedure. Accordingly, we remand with instructions that the trial court set a bond in accordance with rule 1.610(b), and if necessary, hold an evidentiary hearing to determine the amount and conditions. See United Farm Workers of America, AFL-CIO v. Quincy Corp., 681 So.2d 773, 777 (Fla. 1st [1159] DCA 1996)(finding error in failure to require a bond where rule 1.610(b) requires bond and no rule exceptions applied). We affirm in all other respects.

REMANDED for consistent proceedings.

JOANOS and VAN NORTWICK, JJ., CONCUR.

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

LAWRENCE, J.

Seminole Electric Cooperative, Inc., (Seminole) appeals the order of the trial court granting Apalachicola Northern Railroad Company’s (ANR) motion for temporary injunction wherein ANR sought to enforce certain termination provisions of a transportation contract entered into between the two parties. We find no error in the trial court’s grant of the temporary injunction, except in one respect. The record indicates that the trial court failed to set a bond as required by rule 1.610(b) of the Florida Rules of Civil Procedure. Accordingly, we remand with instructions that the trial court set a bond in accordance with rule 1.610(b), and if necessary, hold an evidentiary hearing to determine the amount and conditions. See United Farm Workers of America, AFL-CIO v. Quincy Corp., 681 So.2d 773, 777 (Fla. 1st [1159] DCA 1996)(finding error in failure to require a bond where rule 1.610(b) requires bond and no rule exceptions applied). We affirm in all other respects.

REMANDED for consistent proceedings.

JOANOS and VAN NORTWICK, JJ., CONCUR.

Seminole Electric Cooperative, Inc. v. Apalachicola Northern Railroad, 744 So. 2d 1158, 1999 Fla. App. LEXIS 14332, 1999 WL 979473 (Fla. Ct. App. 1999).

Pincite

744 So. 2d 1158 (Seminole Electric Cooperative, Inc. v. Apalachicola Northern Railroad) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related