Wise v. Schmidek, 649 So. 2d 336 (Fla. 3d DCA 1995). · Go Syfert
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Wise v. Schmidek, 649 So. 2d 336 (Fla. 3d DCA 1995). Cases Citing This Book View Copy Cite
“generally speaking, the trial court may exercise broad discretion in granting, denying, dissolving, or modifying injunctions, and unless a clear abuse of discretion is demonstrated, this court will not disturb the trial court's decision.”
33 citation events (17 in the last 25 years) across 1 distinct court.
Strongest positive: Cohen Financial, Lp v. kmc/ec II, LLC (fladistctapp, 2007-07-11)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 20 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Cohen Financial, Lp v. kmc/ec II, LLC
Fla. Dist. Ct. App. · 2007 · quote attribution · 1 verbatim quote · confidence high
generally speaking, the trial court may exercise broad discretion in granting, denying, dissolving, or modifying injunctions, and unless a clear abuse of discretion is demonstrated, this court will not disturb the trial court's decision.
cited Cited as authority (rule) Drew Johnson v. Dunya Navabi
Fla. Dist. Ct. App. · 2025 · confidence medium
Wise v. Schmidek, 649 So. 2d 336, 337 (Fla. 3d DCA 1995).
cited Cited as authority (rule) Credo LLC v. Speyside Investments Corp.
Fla. Dist. Ct. App. · 2018 · confidence medium
Jackson v. Echols, 937 So. 2d 1247, 1249 (Fla. 3d DCA 2006) (citing Wise v. Schmidek, 649 So. 2d 336, 337 (Fla. 3d DCA 1995)); Vargas v. Vargas, 771 So. 2d 594, 595 (Fla. 3d DCA 2000).
discussed Cited as authority (rule) State Investment Holding, Inc. v. Merrick Partnership, LLC
Fla. Dist. Ct. App. · 2012 · confidence medium
The trial court has broad discretion in granting, denying, dissolving, and modifying injunctions, Wise v. Schmidek, 649 So.2d 336, 337 (Fla. 3d DCA 1995), and the trial court’s ruling on a temporary injunction must be affirmed absent a clear abuse of discretion.
discussed Cited as authority (rule) Lennar Homes, LLC v. v. VENTURES, LLC
Fla. Dist. Ct. App. · 2008 · confidence medium
In Florida, "[t]he trial court is afforded broad discretion in granting, denying, dissolving, or modifying injunctions, and unless a clear abuse of discretion is demonstrated, an appellate court must not disturb the trial court's decision." Jackson v. Echols, 937 So.2d 1247, 1249 (Fla. 3d DCA 2006) (citing Wise v. Schmidek, 649 So.2d 336, 337 (Fla. 3d DCA 1995)).
cited Cited as authority (rule) Reed v. Giles
Fla. Dist. Ct. App. · 2008 · confidence medium
Miguez v. Miguez, 824 So.2d 258 (Fla. 3d DCA 2002) (citing Wise v. Schmidek, 649 So.2d 336, 337 (Fla. 3d DCA 1995)).
discussed Cited as authority (rule) NRD Investments, Inc. v. Velazquez
Fla. Dist. Ct. App. · 2007 · confidence medium
In Florida, the "trial court is afforded broad discretion in granting, denying, dissolving, or modifying injunctions, and unless a clear abuse of discretion is demonstrated, an appellate court must not disturb the trial court's decision." Jackson v. Echols, 937 So.2d 1247, 1249 (Fla. 3d DCA 2006) (citing Wise v. Schmidek, 649 So.2d 336, 337 (Fla. 3d DCA 1995)).
cited Cited as authority (rule) Elias v. Steele
Fla. Dist. Ct. App. · 2006 · confidence medium
Wise v. Schmidek, 649 So.2d 336, 337 (Fla. 3d DCA 1995); Simonik, 752 So.2d at 692-93 .
cited Cited as authority (rule) Jackson v. Echols
Fla. Dist. Ct. App. · 2006 · confidence medium
Wise v. Schmidek, 649 So.2d 336, 337 (Fla. 3d DCA 1995).
discussed Cited "see" Berger v. Cohen
Fla. Dist. Ct. App. · 2007 · signal: see · confidence high
See Jackson v. Echols, 937 So.2d 1247, 1249 (Fla. 3d DCA 2006) ("The trial court is afforded broad discretion in granting, denying, dissolving, or modifying injunctions, and unless a clear abuse of discretion is demonstrated, an appellate court must not disturb the trial court's decision.") (citing Wise v. Schmidek, 649 So.2d 336, 337 (Fla. 3d DCA 1995)).
discussed Cited "see" Ripoll v. Comprehensive Personal Care Services, Inc. (2×)
Fla. Dist. Ct. App. · 2007 · signal: see · confidence high
See Wise v. Schmidek, 649 So.2d 336, 337 (Fla. 3d DCA 1995); Sanchez v. Solomon, 508 So.2d 1264 (Fla. 3d DCA 1987).
discussed Cited "see" Miguez v. Miguez
Fla. Dist. Ct. App. · 2002 · signal: see · confidence high
See Wise v. Schmidek, 649 So.2d 336, 337 (Fla. 3d DCA 1995) (holding that the trial court has broad discretion in granting, denying, dissolving, or modifying injunctions, and, unless a clear abuse of discretion is demonstrated, appellate courts will not disturb the trial court's decision).
discussed Cited "see" In Re Estate of Barsanti (2×)
Fla. Dist. Ct. App. · 2000 · signal: see · confidence high
See Wise v. Schmidek, 649 So.2d 336, 337 (Fla. 3d DCA 1995); Sanchez v. Solomon, 508 So.2d 1264 (Fla. 3d DCA 1987).
cited Cited "see" Vargas v. Vargas
Fla. Dist. Ct. App. · 2000 · signal: see · confidence high
See Wise v. Schmidek, 649 So.2d 336, 337 (Fla. 3d DCA 1995); Richard v. Behavioral Healthcare Options, Inc., 647 So.2d 976, 978 (Fla. 2d DCA 1994).
cited Cited "see" Millennium Communications & Fulfillment, Inc. v. Office of Atty. Gen.
Fla. Dist. Ct. App. · 2000 · signal: see · confidence high
See Wise v. Schmidek, 649 So.2d 336 (Fla. 3d DCA 1995); Richard v. Behavioral Healthcare Options, Inc., 647 So.2d 976 (Fla. 2d DCA 1994).
cited Cited "see" Rollins, Inc. v. Parker
Fla. Dist. Ct. App. · 2000 · signal: see · confidence high
See Wise v. Schmidek, 649 So.2d 336, 337 (Fla. 3d DCA 1995).
cited Cited "see" Anich Industries, Inc. v. Raney
Fla. Dist. Ct. App. · 2000 · signal: see · confidence high
See Wise v. Schmidek, 649 So.2d 336, 337 (Fla. 3d DCA 1995).
cited Cited "see" Simonik v. Patterson
Fla. Dist. Ct. App. · 2000 · signal: see · confidence high
See Wise v. Schmidek, 649 So.2d 336, 337 (Fla. 3d DCA 1995); Sanchez v. Solomon, 508 So.2d 1264, 1265 (Fla. 3d DCA 1987).
discussed Cited "see" Gomez v. Riteway Insurance Repair Service, Inc.
Fla. Dist. Ct. App. · 1998 · signal: see · confidence high
See Wise v. Schmidek, 649 So.2d 336 (Fla. 3d DCA 1995); Richard v. Behavioral Healthcare Options, Inc., 647 So.2d 976 (Fla. 2d DCA 1994); Coastal Unilube, Inc. v. Smith, 598 So.2d 200 (Fla. 4th DCA 1992).
discussed Cited "see" U.S. 1 Office Corp. v. Falls Home Furnishings, Inc.
Fla. Dist. Ct. App. · 1995 · signal: see · confidence high
See Wise v. Schmidek, 649 So.2d 336 (Fla. 3d DCA 1995) (trial court may exercise broad discretion in granting injunctions and this court will not disturb the trial court’s decision unless a clear abuse of discretion is demonstrated).
Retrieving the full opinion text from the archive…
Stella WISE and Martin Goldman, Appellants,
v.
Ian SCHMIDEK, Appellee.
94-2024, 94-2025.
District Court of Appeal of Florida, Third District.
Feb 1, 1995.
649 So. 2d 336
Baskin, Cope and Green.
Cited by 26 opinions  |  Published

Ruden Barnett McCloskey Smith Schuster & Russell and Norman A. Fleisher and James George, Miami, for appellants.

[*337] Steel Hector & Davis and Clay Craig and Brian J. Felcoski, Miami, for appellee.

Before BASKIN, COPE and GREEN, JJ.

PER CURIAM.

Appellants appeal the entry of an ex parte, temporary injunction freezing certain trust assets pending the outcome of this probate proceeding. We affirm.

Generally speaking, the trial court may exercise broad discretion in granting, denying, dissolving, or modifying injunctions, and unless a clear abuse of discretion is demonstrated, this court will not disturb the trial court's decision. Sanchez v. Solomon, 508 So.2d 1264, 1265 (Fla. 3d DCA 1987). Moreover, we have said that a circuit court, sitting in its probate capacity, has inherent jurisdiction to monitor the administration of an estate and to take such appropriate action as it may deem necessary to preserve the assets of the estate for the benefit of the ultimate beneficiaries. Estate of Conger, 414 So.2d 230 (Fla. 3d DCA 1982). Based upon our review of the record before us, we do not find that the trial court abused its discretion in granting the temporary injunction on an ex parte basis.

Accordingly, we affirm.