INJUNCTIONS: FAILURE TO SPECIFY TIMEFRAME TO POST BOND: APPEALS: DISMISSAL: PREMATURE APPEAL: APPEAL DISMISSED AS PREMATURE BECAUSE INJUNCTION DID NOT GO INTO EFFECT BECAUSE APPELLEE NEVER POSTED BOND SET BY TRIAL COURT

Salas v. Alexander, ___ So. 3d ___, 40 Fla. L. Weekly D667 (Fla. 3d DCA March 18, 2015)

The appellate court dismissed as premature an appeal from a temporary injunction because the injunction never went into effect because the appellee failed to post the bond set by the trial court. The appellate court stated that trial courts should specify the … Click To Read Full Case Law Review...

INJUNCTIONS: DOMESTIC VIOLENCE: DAUGHTER’S DESIRE TO AVOID INTERACTION WITH MOTHER DID NOT SUPPORT INJUNCTION

Hair v. Hair, ___ So. 3d ___, 40 Fla. L. Weekly D682 (Fla. 4th DCA March 18, 2015)

A daughter’s desire to avoid interaction with her mother was an insufficient basis for granting an injunction for protection against domestic violence.

To read more briefs in the Injunctions category of the Kashi Law Letter, please click here, http://www.kashilawletter.com/category/injunctions/.… Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: DEFENSES: UNCLEAN HANDS: TRIAL COURT PROPERLY DENIED FORECLOSURE BASED UPON EQUITABLE DOCTRINE OF UNCLEAN HANDS AND AWARDED COMPENSATORY AND PUNITIVE DAMAGES TO BORROWERS BASED UPON BANK’S CONSCIOUS INDIFFERENCE TO CONSEQUENCES AND RECKLESS INDIFFERENCE TO RIGHTS OF BORROWERS: DEED IN LIEU OF FORECLOSURE GRANTED: INJUNCTIONS: MANDATORY INJUNCTION GRANTED TO CORRECT BORROWERS’ CREDIT HISTORY

Bank of America, N.A. v. Pate, ___ So. 3d ___, 40 Fla. L. Weekly D663 (Fla. 1st DCA March 16, 2015)

The appellate panel, consisting of Judges Rowe, Osterhaus, and Thomas, issued a per curiam affirmance without opinion. Judge Thomas wrote a specially concurring opinion explaining that the panel was affirming judgment, entered after a bench trial, that denied … Click To Read Full Case Law Review...

INJUNCTIONS: REPEAT VIOLENCE: NEIGHBORS: THREATS, SCREAMING, CHASING, AND ALLEGED POSSESSION OF LOADED GUN WAS INSUFFICIENT TO SUPPORT INJUNCTION AGAINST REPEAT VIOLENCE BECAUSE OF ABSENCE OF OVERT ACT REFLECTING ABILITY TO CARRY OUT THREATS OR INDICATING THAT VIOLENCE WAS IMMINENT: GENERAL ALLEGATION WITHOUT SUPPORTING TESTIMONY THAT RESPONDENT PHOTOGRAPHED PETITIONER’S GUESTS WAS INSUFFICIENT TO SUPPORT INJUNCTION BASED ON STALKING AND HARASSMENT

Corrie v. Keul, ___ So. 3d ___, 40 Fla. L. Weekly D664 (Fla. 1st DCA March 16, 2015)

The court reversed an injunction for protection against repeat violence by a neighbor. Respondent’s threats to take petitioner’s home and throw him in jail, screaming at petitioner and chasing petitioner and his dogs down a sidewalk, and stating that respondent “h[e]ld … Click To Read Full Case Law Review...

INJUNCTIONS: DOMESTIC VIOLENCE: PETITION FOR INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE FAILED TO STATE A CAUSE OF ACTION BECAUSE IT CONTAINED ONLY VAGUE ALLEGATIONS OF CIRCUMSTANCES UNDER WHICH THREATS OF PHYSICAL HARM WERE MADE OR WHETHER RESPONDENT MADE THE STATEMENTS TO PETITIONER AND FAILED TO ALLEGE SUFFICIENT FACTS TO SHOW THAT PETITIONER HAD REASONABLE CAUSE TO BELIEVE HE WAS IN IMMINENT DANGER OF BECOMING VICTIM OF DOMESTIC VIOLENCE, PARTICULARLY BECAUSE PETITIONER WAS INCARCERATED IN FLORIDA, AND RESPONDENT RESIDED IN OHIO: TRIAL COURT DID NOT ERR BY FAILING TO CONDUCT EVIDENTIARY HEARING BECAUSE ALLEGATIONS OF PETITION DID NOT ENTITLE RESPONDENT TO RELIEF

Bristow v. Bristow, ___ So. 3d ___, 40 Fla. L. Weekly D645 (Fla. 5th DCA March 13, 2015)

The appellate court affirmed an order dismissing a petition for injunction for protection against domestic violence. The petitioner alleged that the respondent, his brother, made statements threatening the petitioner with physical harm, but the circumstances under which the statements were made … Click To Read Full Case Law Review...