Industrial Waste Services, Inc. v. Faircloth Sanitation, Inc.

Decision Date12 October 1994
Docket NumberNo. 94-1010,94-1010
Citation643 So.2d 688
Parties19 Fla. L. Weekly D2159 INDUSTRIAL WASTE SERVICES, INC., a Florida corporation, Appellant, v. FAIRCLOTH SANITATION, INC., a Florida corporation, Appellee.
CourtFlorida District Court of Appeals

Geiger Kasdin Heller & Kuperstein, and Suzan Jon Jacobs, and Robert S. Geiger, Miami, for appellant.

Joe N. Unger, Miami, and Norman A. Share, Homestead, for appellee.

Before BASKIN, JORGENSON, and GERSTEN, JJ.

PER CURIAM.

Appellant, Industrial Waste Services, Inc., appeals an order granting appellee, Faircloth Sanitation, Inc.'s, motion for a temporary injunction. We reverse.

The trial court granted the temporary injunction and entered its order stating:

ORDERED AND ADJUDGED as follows:

1. The Defendant, INDUSTRIAL WASTE SERVICES, INC., is hereby enjoined and restrained as follows:

a. It's [sic] officers, employees, agents and representatives are prohibited from publishing and/or communicating any statements that Plaintiff, FAIRCLOTH SANITATION, INC., is going out of business.

b. That the Defendant shall not publish and/or communicate through its officers, employees, agents and/or representatives that it has the exclusive right to collect trash, garbage and/or rubbish in the South Dade County area.

2. This injunction is conditioned upon Plaintiff posting a $2,500.00 bond.

The injunction is defective because the order fails to specify the reasons for its entry, as required by Florida Rule of Civil Procedure 1.610(c). See City of Homestead v. Ramirez, 621 So.2d 548 (Fla. 3d DCA 1993); Pearson & Maluso, M.D., P.A. v. Bott, 584 So.2d 1035 (Fla. 5th DCA 1991); City of Miami v. Coll, 546 So.2d 775 (Fla. 3d DCA 1989). Accordingly, the order below must be reversed and the cause remanded for dissolution of the temporary injunction.

Reversed and remanded.

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3 cases
  • Premier Lab Supply, Inc. v. Chemplex Industries, Inc.
    • United States
    • Florida District Court of Appeals
    • April 15, 2009
    ...Studen, 622 So.2d 197 (Fla. 4th DCA 1993); Smith v. Crider, 932 So.2d 393, 398 (Fla. 2d DCA 2006); Indus. Waste Servs., Inc. v. Faircloth Sanitation, Inc., 643 So.2d 688 (Fla. 3d DCA 1994). Based on the clear wording of the rule, the specificity requirement applies to both temporary and per......
  • Aligned Bayshore Marina, LLC v. Am. Watersports Coconut Grove, LLC
    • United States
    • Florida District Court of Appeals
    • November 23, 2016
    ...So.2d 1085 (Fla. 3d DCA 1983). The order on appeal fails to specify the reasons for its entry. Indust. Waste Servs., Inc. v. Faircloth Sanitation, Inc., 643 So.2d 688 (Fla. 3d DCA 1994). While the order states that it is being entered "to maintain the status quo as currently prevailing," th......
  • Porto v. Walker
    • United States
    • Florida District Court of Appeals
    • May 1, 2019
    ...reverse the subject injunction order because it fails to meet the requisites of rule 1.610. Indus. Waste Servs. Inc. v. Faircloth Sanitation, Inc., 643 So.2d 688, 688 (Fla. 3d DCA 1994) (concluding that "[t]he injunction is defective because the order fails to specify the reasons for its en......

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