Fla. Fam. L. R. P. 12.605

RULE 12.605

INJUNCTIONS

(a) Temporary Injunction.

(1) This rule does not apply to relief sought under rule

12.610.

(2) 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 or movant’s attorney certifies in

writing any efforts that have been made to give notice and the

reasons why notice should not be required.

(3) No evidence other than the affidavit or verified

pleading may 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

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injunction granted without notice must be endorsed with the date

and hour of entry and must be filed immediately in the clerk’s office

and must 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 may 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. When any

injunction is issued on the pleading of a municipality or the state or

any officer, agency, or political subdivision of it, 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 must specify the

reasons for entry, must describe in reasonable detail the act or acts

restrained without reference to a pleading or another document,

and must 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 must be

heard within 5 days after the movant applies for a hearing on the

motion.

2017 Adoption. The case law related to Florida Rule of Civil

Procedure 1.610 shall be applicable to this rule.

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