Wise v. Schmidek, s. 94-2024
| Decision Date | 01 February 1995 |
| Docket Number | Nos. 94-2024,94-2025,s. 94-2024 |
| Citation | 649 So.2d 336 |
| Parties | 20 Fla. L. Weekly D287 Stella WISE and Martin Goldman, Appellants, v. Ian SCHMIDEK, Appellee. |
| Court | Florida District Court of Appeals |
Ruden Barnett McCloskey Smith Schuster & Russell and Norman A. Fleisher and James George, Miami, for appellants.
Steel Hector & Davis and Clay Craig and Brian J. Felcoski, Miami, for appellee.
Before BASKIN, COPE and GREEN, JJ.
Appellants appeal the entry of an ex parte, temporary injunction freezing certain trust assets pending the outcome of this probate proceeding. We affirm.
Generally speaking, the trial court may exercise broad discretion in granting, denying, dissolving, or modifying injunctions, and unless a clear abuse of discretion is demonstrated, this court will not disturb the trial court's decision. Sanchez v. Solomon, 508 So.2d 1264, 1265 (Fla. 3d DCA 1987). Moreover, we have said that a circuit court, sitting in its probate capacity, has inherent jurisdiction to monitor the administration of an estate and to take such appropriate action as it may deem necessary to preserve the assets of the estate for the benefit of the ultimate beneficiaries. Estate of Conger, 414 So.2d 230 (Fla. 3d DCA 1982). Based upon our review...
To continue reading
Request your trial
-
Millennium Communications & Fulfillment, Inc. v. OFFICE OF ATTY. GEN.
...we will not reverse an order granting a temporary injunction unless it is found to be a clear abuse of discretion. See Wise v. Schmidek, 649 So.2d 336 (Fla. 3d DCA 1995); Richard v. Behavioral Healthcare Options, Inc., 647 So.2d 976 (Fla. 2d DCA 1994). We conclude that FDUTPA does have appl......
-
Rollins, Inc. v. Parker
...A trial court's ruling on whether to enter a temporary injunction is subject to abuse of discretion review. See Wise v. Schmidek, 649 So.2d 336, 337 (Fla. 3d DCA 1995). As the Fourth District has A trial court's ruling on a temporary injunction comes to the appellate court with a presumptio......
-
Credo LLC v. Speyside Invs. Corp., 3D17-0815
...must not disturb the trial court's decision. Jackson v. Echols, 937 So.2d 1247, 1249 (Fla. 3d DCA 2006) (citing Wise v. Schmidek, 649 So.2d 336, 337 (Fla. 3d DCA 1995) ); Vargas v. Vargas, 771 So.2d 594, 595 (Fla. 3d DCA 2000). Our review is limited to whether the trial court's findings are......
-
RIVERLAND AND INDIAN SUN v. LJ MELODY
...trust was alleged and the temporary injunction was proper. See Vargas v. Vargas, 771 So.2d 594 (Fla. 3d DCA 2000); Wise v. Schmidek, 649 So.2d 336 (Fla. 3d DCA 1995); Korn v. Ambassador Homes, Inc., 546 So.2d 756 (Fla. 3d DCA 1989); Campbell v. Pace, 369 So.2d 413 (Fla. 3d DCA We therefore ......
-
Domestic violence
...the court may grant such relief as the court deems proper, including an injunction. [§741.30(6) (a), Fla. Stat.; Wise v. Schmidek, 649 So. 2d 336, 337 (Fla. 3d DCA 1995)(holding that trial court has broad discretion in granting, denying, dissolving, or modifying injunctions, and, unless cle......