Maldonado v. Buchsbaum
Maldonado v. Buchsbaum, --- So.3d --- (Fla. 4th DCA 2018)
In certain situations, it is possible to get a temporary injunction without notice, but a court should not do so without strictly complying with the rules governing injunctions. In this case, the surviving spouse sought a temporary injunction against the decedent's aide who had allegedly fostered a relationship with the decedent and alienated him from his spouse during life. Following his death, the wife sought to enjoin the aide from taking possession of estate assets, destroying financial documents or representing to others that she was the sole beneficiary of the estate or representative of the decedent.
The trial court issued the temporary injunction without notice to the aide based on spouse's argument that notice of the proceedings prior to the issuance of the injunction would afford the aide the opportunity to transfer assets out of the country. The Court found that the injunction was appropriate but that the trial court failed to properly endorse the bond with the date and hour of entry and impose a bond in accordance with rule 1.610(a)(2). It ultimately affirmed the injunction and remanded so that the trial court could address these errors.
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