Fla. R. Civ. P. 1.610

Injunctions

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RULE 1.610. 	INJUNCTIONS
(a) 	Temporary Injunction.
(1) 	A temporary injunction may be granted without
written or oral notice to the adverse party only if:
(A) 	it appears from the specific facts shown by
affidavit or verified pleading that immediate and irreparable injury,
loss, or damage will result to the movant before the adverse party
can be heard in opposition; and

(B) 	the movant’s attorney certifies in writing any
efforts that have been made to give notice and the reasons why
notice should not be required.
(2) 	No evidence other than the affidavit or verified
pleading shall be used to support the application for a temporary
injunction unless the adverse party appears at the hearing or has
received reasonable notice of the hearing. Every temporary
injunction granted without notice shall be endorsed with the date
and hour of entry and shall be filed forthwith in the clerk’s office
and shall define the injury, state findings by the court why the
injury may be irreparable, and give the reasons why the order was
granted without notice if notice was not given. The temporary
injunction shall remain in effect until the further order of the court.
(b) 	Bond. No temporary injunction shall be entered unless a
bond is given by the movant 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. Unless
otherwise specified by the court, the bond shall be posted within 5
days of entry of the order setting the bond. When any injunction is
issued on the pleading of a municipality or the state or any officer,
agency, or political subdivision thereof, the court may require or
dispense with a bond, 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
issued solely to prevent physical injury or abuse of a natural
person.
(c) 	Form and Scope. Every injunction shall specify the
reasons for entry, shall describe in reasonable detail the act or acts
restrained without reference to a pleading or another document,
and shall be binding on the parties to the action, their officers,
agents, servants, employees, and attorneys and on those persons in
active concert or participation with them who receive actual notice
of the injunction.
(d) 	Motion to Dissolve. A party against whom a temporary
injunction has been granted may move to dissolve or modify it at
any time. If a party moves to dissolve or modify, the motion shall be

heard within 5 days after the movant applies for a hearing on the
motion.
Committee Notes
1980 Amendment. This rule has been extensively amended
so that it is similar to Federal Rule of Civil Procedure 65. The
requirement that an injunction not be issued until a complaint was
filed has been deleted as unnecessary. A pleading seeking an
injunction or temporary restraining order must still be filed before
either can be entered. The rule now provides for a temporary
restraining order without notice that will expire automatically
unless a hearing on a preliminary injunction is held and a
preliminary injunction granted. The contents of an injunctive order
are specified. The binding effect of an injunctive order is specified,
but does not change existing law. Motions to dissolve may be made
and heard at any time. The trial on the merits can be consolidated
with a hearing on issuance of a preliminary injunction, and the trial
can be advanced to accommodate this.
Court Commentary
1984 Amendment. Considerable dissatisfaction arose on the
adoption of the 1980 rule, particularly because of the creation of
the temporary restraining order with its inflexible time limits. See
Sun Tech Inc. of South Florida v. Fortune Personnel Agency of Fort
Lauderdale, 412 So. 2d 962 (Fla. 4th DCA 1982). The attempt to
balance the rights of the parties in 1980 failed because of court
congestion and the inability in the existing circumstances to
accommodate the inflexible time limits. These changes will restore
injunction procedure to substantially the same as that existing
before the 1980 change. The temporary restraining order
terminology and procedure is abolished. The former procedure of
temporary and permanent injunctions is restored. The requirement
of findings and reasons and other details in an injunctive order are
retained.
Subdivision (b) eliminates the need for a bond on a temporary
injunction issued to prevent physical injury or abuse of a natural
person.

Subdivision (e) institutes a requirement that a motion to
dissolve an injunction shall be heard within 5 days after the movant
applies for it. This provision emphasizes the importance of a prompt
determination of the propriety of injunctive relief granted without
notice or, if the circumstances have changed since the issuance of
the injunctive order, the need for speedy relief as a result of the
changes. Former subdivisions (a), (b)(3), and (b)(4) have been
repealed because the new procedure makes them superfluous. The
right of the court to consolidate the hearing on a temporary
injunction with the trial of the action is not affected because that
can still be accomplished under rule 1.270(a).

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