Waste Pro of Florida, Inc. v. Emerald Waste Services, LLC

17 So. 3d 916, 2009 WL 3109942, 2009 Fla. App. LEXIS 14831
District Court of Appeal of Florida·Decided September 30, 2009·No. No. 1D09-1971·Published

Opinion

CORRECTED OPINION

PER CURIAM.

We reverse the trial court’s order granting a temporary injunction because of a lack of specific factual findings. Aerospace Welding, Inc. v. Southstream Exhaust & Welding, Inc., 824 So.2d 226, 227 (Fla. 4th DCA 2002) (reiterating that “ ‘[cjlear, definite, and unequivocally sufficient factual findings’ must support each of [the] four criteria before the court may enter the injunction.”) (quoting City of Jacksonville v. Naegele Outdoor Adver. Co., 634 So.2d 750, 754 (Fla. 1st DCA 1994)). We find the order did no more than “mirror each tine of the four-prong [temporary injunction] test.” Edwards v. Harris, 964 So.2d 196, 197 (Fla. 1st DCA 2007) (citing Seashore Club of Atl. City, Inc. v. Tessler, 405 So.2d 767, 768 (Fla. 4th DCA 1981)).

Given the circumstantial nature of the evidence supporting the breadth of the injunction, specific factual findings are necessary to allow for meaningful appellate review. Jouvence Ctr. for Advanced Health, LLC v. Jouvence Rejuvenation Ctrs., LLC, 14 So.3d 1097 (Fla. 4th DCA 2009); see also Angelino v. Santa Barbara Enters., LLC, 2 So.3d 1100 (Fla. 3d DCA 2009).

Accordingly, we reverse the trial court’s order and remand for the trial court to [917] enter an order that satisfies all requirements for entry of a temporary injunction.

REVERSED AND REMANDED.

WOLF, PADOVANO, and THOMAS, JJ., concur.

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Waste Pro of Florida, Inc. v. Emerald Waste Services, LLC, 17 So. 3d 916, 2009 WL 3109942, 2009 Fla. App. LEXIS 14831 (Fla. Ct. App. 2009).

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Related

Angelino v. Santa Barbara Enterprises, LLC
2 So. 3d 1100 (District Court of Appeal of Florida, 2009)
Jouvence Center for Advanced Health, LLC v. Jouvence Rejuvenation Centers, LLC
14 So. 3d 1097 (District Court of Appeal of Florida, 2009)
Edwards v. Harris
964 So. 2d 196 (District Court of Appeal of Florida, 2007)
Seashore Club of Atlantic City, Inc. v. Tessler
405 So. 2d 767 (District Court of Appeal of Florida, 1981)
Aerospace Welding, Inc. v. Southstream Exhaust & Welding, Inc.
824 So. 2d 226 (District Court of Appeal of Florida, 2002)
Jacksonville v. NAEGELE OUTDOOR ADV.
634 So. 2d 750 (District Court of Appeal of Florida, 1994)