Florida Statutes

Fla. Stat. § 60.07 (2025)

Assessment of damages after dissolution.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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60.07 Assessment of damages after dissolution.—In injunction actions, on dissolution, the court may hear evidence and assess damages to which a defendant may be entitled under any injunction bond, eliminating the necessity for an action on the injunction bond if no party has requested a jury trial on damages.

History.—ss. 1, 3, ch. 26916, 1951; s. 2, ch. 29737, 1955; s. 15, ch. 67-254.

Note.—Former s. 64.16.

Notes of Decisions

Cited in 27 cases (2 in the last 5 years), 1971–2026 · leading case: S & T BUILDERS v. Globe Props., Inc., 944 So. 2d 302 (Fla. 2006).

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S & T BUILDERS v. Globe Props., Inc., 944 So. 2d 302 (Fla. 2006). · cites it 3× “§ 60.07, Fla. Stat. (2005). We have held with respect to attorney's fees specifically that "a dissolution of an injunction upon the merits operates as an adjudication that it was improperly issued," and "a reasonable attorney's fee incurred in procuring the dissolution of an…”

Parker Tampa Two, Inc. v. Somerset Dev. Corp., 544 So. 2d 1018 (Fla. 1989). · cites it 3× “610 and section 60.07, Florida Statutes (1987). Rule 1.”

Provident Mgmt. v. City of Treas. Island, 718 So. 2d 738 (Fla. 1998). · cites it 5× “In injunction actions, on dissolution, the court may hear evidence and assess damages to which a defendant may be entitled under any injunction bond, eliminating the necessity for an action on the injunction bond if no party has requested a jury trial on damages.”

Provident Mgmt. Corp. v. TREASURE ISLAND, 796 So. 2d 481 (Fla. 2001). · cites it 2× “[10] Section 60.07, Florida Statues (1989), provides a mechanism by which damages from a wrongfully issued injunction can be assessed without the necessity of bringing a separate action for recovery of damages: Assessment of damages after dissolution.”

Hathcock v. Hathcock, 533 So. 2d 802 (Fla. 1st DCA 1988). · cites it 4× “Both cases rely upon Section 60.07, Florida Statutes, [4] in holding that a defendant is entitled to recover damages (including attorney's fees) which resulted from the issuance of the temporary injunction.”

Shea v. Cent. Diagnostic Servs., Inc., 552 So. 2d 344 (Fla. 5th DCA 1989). · cites it 2× “Section 60.07, Florida Statutes, provides for the court granting the injunction to assess the defendant's damages after the injunction is dissolved if no party has requested a jury trial on damages.”

Treasure Island v. Provident Mgmt., 678 So. 2d 1322 (Fla. 2d DCA 1996). · cites it 6× “" All of the parties treated these documents as if they were amended complaints seeking damages from the City pursuant to section 60.07, Florida Statutes (1989). [1] The City filed motions for summary judgment, arguing that no bond had been posted and that damages were not…”

Bradenton Grp., Inc. v. State, 970 So. 2d 403 (Fla. 5th DCA 2007). · cites it 7× “The State responded by filing a second amended complaint in July 1999.”

Yachting Promotions, Inc. v. Broward, 792 So. 2d 660 (Fla. 4th DCA 2001). · cites it 2× “See § 60.07, Fla. Stat. (2000). Moreover, since the Boat Show is an annual event, this problem will likely recur.”

Andrew J. Andrist & Douglas S. Stanhope v. Stephen P. Spleen, 142 So. 3d 950 (Fla. 4th DCA 2014). · cites it 6× “” § 60.07, Fla. Stat. (2012). “It is well-established that reasonable attorney’s fees may be recovered .”

Merrett v. Nagel, 564 So. 2d 229 (Fla. 5th DCA 1990). · cites it 4× “610(b) and section 60.07, Florida Statutes. Rule 1.610(b) provides that a party moving for issuance of a temporary injunction must post a bond, "in an amount the court deems proper, conditioned for the payment of costs and damages sustained by the adverse party if the adverse…”

Braun v. Intercontinental Bank, 452 So. 2d 998 (Fla. 3d DCA 1984). · cites it 2× “This appeal is from a trial court order assessing damages in the form of attorney's fees under an injunction bond pursuant to Section 60.07, Florida Statutes (1983). Appellant's main contention is that since the injunction was entered by order of the appellate court in the form…”

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