Acquafredda v. Messina
| Decision Date | 20 January 1982 |
| Docket Number | No. 81-105,81-105 |
| Citation | 408 So.2d 828 |
| Parties | James Vincent ACQUAFREDDA, a/k/a Vincent Acquafredda and Joan Acquafredda, Appellants, v. Joseph MESSINA, Appellee. |
| Court | Florida District Court of Appeals |
Carol Burlingham of Kaltenbach & Wilson, New Port Richey, for appellants.
Michael T. Kovach, Inverness, for appellee.
Appellants contend that the trial court erred in entering a temporary restraining order 1 enjoining them from conveying certain of their assets during the pendency of this suit, an action brought on a promissory note. We reverse.
Appellee, as plaintiff, filed an action at law for damages, seeking recovery under a promissory note which was alleged to have been issued by defendants to plaintiff's assignor, and assigned to plaintiff. In another count, plaintiff sought attachment of defendant's assets, but the complaint was not verified and the request for attachment was apparently never acted upon by the court.
On the day set for trial, a continuance was granted at defendant's request because plaintiff allegedly had not responded to a notice to produce. Later that day, based on a verified petition filed by plaintiff, requesting a prejudgment writ of attachment, or alternatively, a temporary restraining order without notice, the trial court entered a temporary restraining order, enjoining defendants from disposing of certain business assets pending the outcome of the action for damages. 2 The essence of the motion on which the order was based was that the promissory note represented a debt due on certain business assets purchased by defendant from plaintiff's assignor; that defendants were attempting to sell those assets and that if the defendants were not restrained from disposing of the assets or an attachment not be issued, plaintiff would be left with an uncollectible note and thus without remedy. Defendants did not move to dissolve the injunction, but filed their notice of appeal instead.
In the absence of a motion to dissolve, an appellate court may not review the factual matters upon which the temporary injunction was issued, but it will, nevertheless, review the legal sufficiency of the complaint and supporting affidavits which form the basis for its entry. Hotel-Motel Restaurant Employees & Bartenders Union, Local 339 of Broward County v. Black Angus of Lauderhill, Inc., 290 So.2d 479 (Fla.1974). See also, Northwestern National Insurance Co. v. Greenspun, 330 So.2d 561 (Fla. 3d DCA 1976).
No temporary injunction may be issued where the complaint upon which it is based sets out no ground for equitable relief. Blume v. Giles, 143 Fla. 615, 197 So. 344 (1940). No action for equitable relief can be maintained unless it falls within some acknowledged head of equity jurisprudence. Thus where a complaint seeks an injunction to prevent a defendant from...
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