Opinion
No. 62-438.
November 13, 1962.
Appeal from the Circuit Court, Dade County, Harold R. Vann, J.
Anderson Nadeau, Miami, for appellant.
Kurtz, Reed, Sappenfield Cooper, Miami, for appellee.
Before CARROLL, BARKDULL and HENDRY, JJ.
This is an interlocutory appeal by a plaintiff below, seeking review of an order granting temporary injunction in its favor conditioned upon the posting of a $50,000.00 bond.
The injunction was obtained by the appellant-plaintiff. It appears that it was entered upon evidence taken before the chancellor which is not included in the record. There was no showing permitting the issuance of a temporary injunction without bond, pursuant to the provisions of § 64.03 of the Florida Statutes, F.S.A. Therefore, the chancellor [having determined to issue the injunction] was required to fix the terms, conditions and amount of an injunction bond. The injunction stopped the completion of a supermarket in Coral Gables, Florida, and there does not appear to be any abuse of discretion by the chancellor in the fixing of a bond of $50,000.00.
Without the record of the proceedings before the chancellor being included in the record, this court is not authorized to reverse nor amend the ruling complained of. See: Hall v. Davis, Fla.App. 1958, 106 So.2d 599; Insana v. Hasty, Fla.App. 1959, 109 So.2d 791; Downing v. Bird, Fla.App. 1962, 145 So.2d 559.
For the above stated reasons, the order here under review is affirmed.
Affirmed.