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

CourtDistrict Court of Appeal of Florida

DecidedOctober 29, 1999

DocketNo. 99-1182

StatusPublished

This text of 744 So. 2d 1158 (Seminole Electric Cooperative, Inc. v. Apalachicola Northern Railroad) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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]*1159DCA 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.

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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]*1159DCA 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.

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744 So. 2d 1158, 1999 Fla. App. LEXIS 14332, 1999 WL 979473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seminole-electric-cooperative-inc-v-apalachicola-northern-railroad-fladistctapp-1999.

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