Florida/Georgia Personal Injury & Workers Compensation

...l courts. [2] Under both the majority and minority views, the bond amount does not serve as a limit where the injunction is obtained maliciously or in bad faith. In Florida, injunction bonds are addressed by Florida Rule of Civil Procedure 1.610 and section 60.07, Florida Statutes (1987)....

...ond, with or without surety, and conditioned in the same manner, having due regard for the public interest. No bond shall be required for issuance of a temporary injunction *1021 issued solely to prevent physical injury or abuse of a natural person. Section 60.07 provides: 60.07 Assessment of damages after dissolution....

...Florida Rule of Civil Procedure 1.610(b) provides that no temporary injunction will be entered unless a bond is given conditioned for the payment of damages sustained by the enjoined party in the event it is later determined that the injunction was wrongfully obtained. 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....

...roperty-holder defendant demonstrates will likely result if it is later determined that the notice of lis pendens was unjustified." Little Arch Creek, 675 So.2d at 918 n. 2. With regard to the award of damages after the dissolution of an injunction, section 60.07 of the Florida Statutes (2005) provides: 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. § 60.07, Fla....

...terest will be served by the temporary injunction. See Liberty Fin. Mortg. Corp. v. Clampitt, 667 So.2d 880, 881 (Fla. 2d DCA 1996); see also Weinstein v. Aisenberg, 758 So.2d 705, 706 (Fla. 4th DCA), review dismissed, 767 So.2d 453 (Fla.2000). [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.— I...

...y 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 filed a motion pursuant to section 60.07, and the hearing on damages in the trial court was "more comparable to a complex hearing on a motion to assess costs following an appeal than to a typical nonjury trial." Provident II, 738 So.2d at 359....

...me manner, having due regard for the public interest. No bond shall be required on issuance of a temporary injunction issued solely to prevent physical injury or abuse of a natural person. Fla. R. Civ. P. 1.610(b). Florida Statutes further provides: 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. § 60.07, Fla....

...In this case, the trial court dispensed with the bond. The briefs in the nonfinal appeals reveal that neither Mr. Belair nor Provident argued this decision was an abuse of discretion. In the late 1980s, there was considerable debate concerning the damages available under section 60.07....

...ion under this statute were limited to the amount of the bond unless the injunction was obtained maliciously or in bad faith. Parker Tampa Two, 544 So.2d at 1021. Although Parker Tampa Two did not involve a municipality, nothing in that decision, in section 60.07, or in rule 1.610(b) suggests governmental agencies should be treated less favorably than private citizens....

...4th DCA 1990) (limiting damages against municipality to the bond amount). Under the holding in Parker Tampa Two, a defendant harmed by an injunction has two substantially different options for redress once the injunction has been dissolved. If a bond exists, then the defendant may invoke section 60.07 or otherwise seek damages under the terms of the bond....

...issuance of the temporary order. As authority, appellant cites to Carpenters District Council of Jacksonville v. Waybright, 282 So.2d 193 (Fla. 1st DCA 1973) and Braun v. Intercontinental Bank, 452 So.2d 998 (Fla. 3rd DCA 1984). 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. However, fatal to appellant's reliance upon the above authorities is the fact that Section 60.07 allowing the court in the main suit to determine and award damages upon dissolution of an injunction applies only where an injunction bond has been filed....

...See In Re Amendments To Rules of Civil Procedure, 458 So.2d 245, 256 (Fla. 1984). [2] If the parties had children, they apparently had reached majority. [3] Under the Rule, no bond is required with respect to that aspect of the order which sought to prevent physical injury or abuse of the plaintiff/appellee. [4] Section 60.07 provides: 60.07 Assessment of damages after dissolution....

...The order recites that it was based upon Pondella's "withdrawal and dismissal of its claims ... for wrongful injunction." In its reply brief, Pondella acknowledges that this counterclaim was dismissed, but claims that it subsequently filed a "Motion for Damages pursuant to Section 60.07." We find no support for this assertion in the record....

...erdale International Boat Show, held October 26-30, 2000 ("Boat Show"). Although the Boat Show, which was the subject of the injunction, has already occurred, the issue as to whether the injunction was properly issued has not been rendered moot. See § 60.07, Fla....

...n subsection (5), so must it suffer under it. Id. (quoting Bradenton I, 701 So.2d at 1180) (footnote omitted). When the supreme court denied the State's motion for rehearing, it granted the defendants' motion for award of attorney's fees pursuant to section 60.07, Florida Statutes (1995)....

...In June 2004, the court granted the State's second motion to amend its second amended complaint. The order was accompanied by a list of 13 amended predicate acts that were supposed to replace numbers 1-13 of the second amended complaint. In May 2004, defendants moved for damages resulting from the injunction under section 60.07....

...The State responds that they are not entitled to damages because no bond was entered, the injunction was not wrongful, and it is illegal to profit from bingo. The defendants are correct. The State argues that the defendants were not entitled to relief because, under section 60.07, a defendant may only recover damages under an injunction bond. Because there was no injunction bond entered here, then, the defendants could receive nothing. The State's argument overlooks both the Florida Supreme Court's award of costs and fees to the defendants after Bradenton II, which were premised on section 60.07, and contrary precedent. The Florida Supreme Court discussed this issue in Provident Management Corp. v. City of Treasure Island, 718 So.2d 738 (Fla.1998). There, the court restated the rule that damages under section 60.07 were limited to the amount of the bond....

...In the unique circumstances here — where this court and the supreme court highlighted the injunction's very broad nature and the severe harm to the defendants, and where the Florida Supreme Court explicitly awarded fees to the defendants based on section 60.07 — "the dissolution of [the] temporary injunction [was] tantamount to a determination that the injunction was wrongfully issued [and] entitle[d] the defendant to recover for damages resulting from its issuance." Picasso Tower, Inc....

...This court ordered the injunction dissolved and the complaint dismissed. [1] Appellant argues that damages should be awarded when a party successfully obtains the dissolution of a temporary injunction. However, the award of damages after dissolution of a wrongfully issued injunction is controlled by section 60.07, Florida Statutes (1979)....

...injunction. Lane v. Clein, 151 So.2d 677 (Fla. 3d DCA 1963). See generally Rader v. Recarey, 352 So.2d 550 (Fla. 3d DCA 1977); Hoffman v. Barlly, 97 So.2d 355, 356 n. 1 (Fla. 3d DCA 1957) (referring to section 64.16, Florida Statutes, predecessor to 60.07)....

...Salley, Barns, Pajon, Guttman & Del Valle and Deborah S. Chames, Miami, for appellee. Before HUBBART, DANIEL S. PEARSON and FERGUSON, JJ. FERGUSON, Judge. 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)....

...They also argue that appellants misplaced their reliance on the supreme court's opinion in Parker Tampa Two, Inc. v. Somerset Development Corp., 544 So.2d 1018 (Fla.1989). We are not persuaded by their argument that an injunction bond issued pursuant *626 to Florida Rule of Civil Procedure 1.610 and section 60.07, Florida Statutes (1987) materially differs from a supersedeas bond posted to stay the effect of an injunction rendered by final judgment....

...In such actions the general rules governing the measurement of damages ordinarily apply. [Citations omitted.]" Hyler v. Wheeler, 240 S.C. 386, 126 S.E.2d 173, 175, 95 A.L.R.2d 118 (1962). Since the decision in Wittich v. O'Neal, 1886, 22 Fla. 592, § 60.07, Fla....

...a letter of credit, the most foreseeable damage is the loss of use of the money withheld, which is measured by prejudgment interest. A party against whom an injunction has been wrongfully issued is entitled to damages caused by the injunction. E.g., § 60.07, Fla....

...Feiner's Organization, Inc., 200 So.2d 269 (Fla. 4th DCA), cert. denied, 207 So.2d 455 (Fla. 1967). The sole basis for the attorney's fee award in this cause is the claimed wrongful issuance of the temporary injunction pursuant to rule 1.610(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 party is wrongfully enjoined." Similarly, section 60.07 provides that in an injunction action after dissolution of the injunction, "the court may hear evidence and assess damages to which a defendant may be entitled under any injunction bond." As noted above, the bond in this cause was condi...

...he part of the plaintiff. "If rightfully awarded, but afterwards properly dissolved because of matters done or arising subsequent to its issuance, there can be no recovery of damages." Further, courts awarding attorney's fees under rule 1.610(b) and section 60.07 limit recovery to the services of the attorney rendered as a result of the wrongful issuance of the order....

...Belair filed documents described as "notice and motion for evidentiary hearing for recovery of damages ... against Treasure Island for wrongful injunction." 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)....

...In this case, the trial court dispensed with the bond. The briefs in the nonfinal appeals reveal that neither Mr. Belair nor Provident argued this decision was an abuse of discretion. In the late 1980s, there was considerable debate concerning the damages available under section 60.07....

...ion under this statute were limited to the amount of the bond unless the injunction was obtained maliciously or in bad faith. Parker Tampa Two, 544 So.2d at 1021. Although Parker Tampa Two did not involve a municipality, nothing in that decision, in section 60.07, or in rule 1.610(b) suggests governmental agencies should be treated less favorably than private citizens....

...4th DCA 1990) (limiting damages against municipality to the bond amount). Under the holding in Parker Tampa Two, a defendant harmed by an injunction has two substantially different options for redress once the injunction has been dissolved. If a bond exists, then the defendant may invoke section 60.07 or otherwise seek damages under the terms of the bond....

...e treated as a surety. Because we reverse the judgments, and a trial on any alternative theory would involve other measures of damage, we decline to reach these remaining issues. Reversed and remanded. PARKER, A.C.J., and BLUE, J., concur. NOTES [1] Section 60.07 provides: "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...

...They filed motions for damages. We emphasize this procedural fact because it has affected the subsequent proceedings in the case. The motions are the type of notice that a party would use to obtain damages under an injunction bond if one existed. See § 60.07, Fla....

...Unless, under the common law, an exception existed for claims arising due to the government's invocation of equity, we assume the legislature would need to authorize such an exception by general law under article X, section 13, of the Florida Constitution. Section 768.28 does not create that authorization. Neither does section 60.07 because it only applies when an injunction bond exists....

...etting a bond, including the adverse party’s chances of overturning the temporary injunction. However, damages recoverable for wrongfully obtaining an injunction are limited to the amount of the injunction bond.” Id. (citation omitted); see also § 60.07, Fla....

...lorida Statutes (2012). After another hearing, the trial court issued an order dissolving the temporary injunction without providing any specific reason for doing so. Thereafter, appellees moved to recover damages resulting from the injunction under section 60.07, Florida Statutes (2012)....

...same manner, having due regard for the public interest. No bond shall be required for issuance of a temporary injunction issued solely to prevent physical injury or abuse of a natural person. Fla. R. Civ. P. 1.610(b) (emphasis added). Additionally, section 60.07 provides that “[i]n injunction actions, on dissolution, the court may hear evidence and assess damages to which a defendant may be entitled *768 under any injunction bond, eliminating the necessity for an action on the injunction bond if no party has requested a jury trial on damages.” (Emphasis added). Considering these two provisions together, section 60.07 presupposes the existence of a bond because an injunction order requires a bond under rule 1.610(b) and is subject to dissolution until a bond is posted....

...mpose the bond requirements of Rule 1.610(b),” Consequently, the appellate court denied the appellant’s claim for damages (including attorney’s fees) resulting from the erroneous injunction, reasoning that such damages were not awardable under section 60.07 because there was no injunction bond filed....

...issuance of the temporary order. As authority, appellant cites to Carpenters District Council of Jacksonville v. Waybright, 282 So.2d 193 (Fla. 1st DCA 1973), and Braun v. Intercontinental Bank, 452 So.2d 998 (Fla. 3d DCA 1984). Both cases rely upon Section 60.07, Florida Statutes, in holding that a defendant is entitled to recover damages (including attorney’s fees) which resulted from the issuance of the temporary injunction. However, fatal to appellant’s reliance upon the above authorities is the fact that Section 60.07 allowing the court in the main suit to determine and award damages upon dissolution of an injunction applies only where an injunction bond has been filed....

...Myers, 114 So.3d 215, 223 (Fla. 5th DCA 2012) (“[I]n the event no bond is posted, the wrongfully enjoined party, if any, is without recourse as to damages stemming from the wrongful injunction.”). Here, appellees specifically sought damages under section 60.07. Section 60.07 allows “the court in the main suit to determine and award damages upon dissolution of an injunction,” but only where an injunction bond has been filed....

PER CURIAM. Affirmed. See § 60.07, Fla.Stat. (1993); Lake Worth Broadcasting Corp. v. Hispanic Broadcasting

...the same should *195 now be dissolved and petitioners should be afforded an opportunity to claim damages, if any, by appropriate action before the trial court. Damages and attorney fees are recoverable where an injunction is wrongfully entered. See Section 60.07, Florida Statutes, F.S.A.; Nicholas v....

...at law. [Citations omitted.]” Compare Jones-Mahoney Corp. v. C. A. Fielland, Inc., Fla.App.1959, 114 So.2d 18 , the only case tending toward an opposite result, but which was a suit in equity where a legal counterclaim was permitted. Also, compare § 60.07, Fla.Stat.1969, F.S.A....

...allegedly suffered as a result of an injunction Appellant obtained. Appellant successfully sought a temporary injunction against Appellee and posted a bond as ordered by the trial court. After the temporary injunction was dissolved, Appellee sought damages pursuant to section 60.07, Florida Statutes (2015)....

...There, this court found that the defendants, former employees of the plaintiff employer were not entitled to an award of damages following the dissolution of a temporary injunction wrongfully entered against them. Id. at 767-68. The employer never posted a bond for its temporary injunction, and section 60.07, Florida Statutes, provided that “[i]n 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.” Id....

...However, in this appeal, the party who successfully obtained a permanent injunction is seeking attorney’s fees. Furthermore, appellant’s argument is based on the employment contract and the specific provision for attorney’s fees in the contract, not section 60.07, Florida Statutes. Finally, we distinguish Place at Vero Beach, Inc....

...faith; and (2) 2 the bond was set ex parte and the defendants proceeded expeditiously to exhaust available remedies. A successor judge heard the amended motion for damages.1 The court strictly construed section 60.07, Florida Statutes (2012), and awarded only the amount of the bond....

...ion and for rehearing. From the award and denial of their motions for rehearing and clarification, the defendants now appeal. The defendants argue that the court erred in strictly construing Rule 1.610 of the Florida Rules of Civil Procedure and section 60.07, Florida Statutes, to limit their damages to the posted $100 bond....

...Parker Tampa Two, Inc. v. Somerset Dev. Corp., 544 So. 2d 1018, 1021 (Fla. 1989). Upon the dissolution of a temporary injunction, the court “may hear evidence and assess damages to which a defendant may be entitled under any injunction bond.” § 60.07, Fla....

...Broward Yachts argues that the attorney’s fees could not exceed the injunction bond under Parker Tampa Two, Inc. v. Somerset Development Corporation, 544 So.2d 1018 (Fla.1989). The problem with Broward Yacht’s argument is that the only bases for awarding attorney’s fees in Parker Tampa Two was section 60.07, Florida Statutes (1987), and rule 1.610(b), which provide for an award of damages to a party obtaining the dissolution of an injunction....

...3d 295, 297 (Fla. 3d DCA 2018) (“Our standard of review is de novo because ... when determining entitlement to fees based on the interpretation of a statute, the standard of review is de novo ....”).  “[T]he award of damages after dissolution of a wrongfully issued injunction is controlled by section 60.07, Florida Statutes ....” Calder Race Course, Inc. v. Gaitan, 430 So. 2d 975, 976 (Fla. 3d DCA 1983). Section 60.07, titled “Assessment of damages after dissolution,” provides: 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. § 60.07, Fla. Stat. (2020) (emphasis added). While “[a]n award of damages [under section 60.07] has been interpreted to include attorney’s fees,” Broward Yachts, Inc....

...2d at 999, but instead included additional attorney’s fees and costs which the defendant incurred in demonstrating its entitlement to attorney’s fees. Accordingly, those additional attorney’s fees and costs were improper. The defendant’s answer brief does not rely on the case law interpreting section 60.07, but instead on the “rule of law regarding attorney fees that where entitlement is in issue a litigant may also claim attorney fees.” In support, the defendant cites North Dade Church of God, Inc....

...g or determining the amount of fees due.”) (emphasis omitted). However, the defendant’s cited cases are distinguishable. Both cases involved mortgage foreclosure actions, and thus dealt with a contractual attorney’s fees provision, and not section 60.07’s application to a wrongful injunction’s dissolution....

...be awarded for litigating the issue of entitlement to attorney’s fees but not the amount of attorney’s fees comports with the purpose of section 627.428 and with the plain language of the statute.”) (emphasis added). Because the defendant’s cited cases did not involve section 60.07, we decline to apply those cases here, and instead rely upon the well-established line of cases interpreting section 60.07 to hold that “[a]ttorney’s fees awarded as damages for the wrongful issuance of an injunction must be restricted to services rendered in undoing a wrongful injunction.” Braun, 452 So....