From Casetext: Smarter Legal Research

Dejong v. Dejong

District Court of Appeal of Florida, Second District
Dec 21, 1990
572 So. 2d 11 (Fla. Dist. Ct. App. 1990)

Opinion

No. 90-01675.

December 21, 1990.

Appeal from the Circuit Court, Lee County, Thomas S. Reese, J.

John S. Carlin of Decker Smith, P.A., Fort Myers, for appellant.

Gerald W. Pierce of Henderson, Franklin, Starnes Holt, P.A., Fort Myers, for appellee.


This is an interlocutory appeal from an order denying the husband's motion to dissolve preliminary injunctions in an action for dissolution of marriage. The husband maintains that the wife's verified petition seeking the preliminary injunctions fails to allege the elements necessary for a grant of injunctive relief. We disagree.

We agree, however, with the husband's assertion that the order granting the injunctions fails to comply with Florida Rule of Civil Procedure 1.610(a) and (b). The order does not reflect the hour it was entered, does not include findings by the court why the injury may be irreparable, does not give reasons why the order was granted without notice, and does not require the posting of a bond by the wife. This failure to comply with the requirements of rule 1.610 requires reversal. See Wasserman v. Gulf Health, Inc., 512 So.2d 234 (Fla. 2d DCA 1987), review denied, 518 So.2d 1279 (Fla. 1987); Richardson v. Upchurch, 452 So.2d 1117 (Fla. 2d DCA 1984); and Hathcock v. Hathcock, 533 So.2d 802 (Fla. 1st DCA 1988), review denied, 542 So.2d 1333 (Fla. 1989).

Accordingly, we reverse and remand for correction of the order to comply with rule 1.610.

RYDER, A.C.J., and DANAHY, J., concur.


Summaries of

Dejong v. Dejong

District Court of Appeal of Florida, Second District
Dec 21, 1990
572 So. 2d 11 (Fla. Dist. Ct. App. 1990)
Case details for

Dejong v. Dejong

Case Details

Full title:JOHN A. DEJONG, APPELLANT, v. DOROTHY AVIS DEJONG, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Dec 21, 1990

Citations

572 So. 2d 11 (Fla. Dist. Ct. App. 1990)

Citing Cases

Pecora v. Pecora

The only cases we have found that even mention this requirement noted the omission of the hour and date as…

Lucero v. Lucero

In Hayes v. Hayes, 578 So.2d 54 (Fla. 2d DCA 1991), this court reversed a nonfinal order temporarily…