Third District Court of Appeal
State of Florida
Opinion filed March 29, 2023.
Not final until disposition of timely filed motion for rehearing.
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No. 3D22-0980
Lower Tribunal No. 22-9226
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City of Miami,
Appellant,
vs.
VQ Everglades Rental, LLC,
Appellee.
An Appeal from a non-final order from the Circuit Court for Miami-
Dade County, Lourdes Simon, Judge.
Victoria Méndez, City Attorney and Kerri L. McNulty, Senior Appellate
Counsel, and Rachel S. Glorioso Dooley, Senior Assistant City Attorney,
for appellant.
Perlman, Bajandas, Yevoli & Albright, PL, and Sebastian Jaramillo,
for appellee.
Before LOGUE, MILLER and BOKOR, JJ.
BOKOR, J.
The City of Miami appeals the entry of a temporary injunction against
demolition of an unsafe structure. Because the trial court did not make
specific factual findings as to all four required elements for a temporary
injunction, we reverse and remand for the trial court to reconsider its ruling
and, if such injunction is again granted, to include express findings as to all
four elements. See Angelino v. Santa Barbara Enters., LLC, 2 So. 3d
1100, 1103 (Fla. 3d DCA 2009) (“A temporary injunction that merely recites
legal conclusions is insufficient to support its entry.”); Phelan v. Trifactor
Sols., LLC, 312 So. 3d 1036, 1039 (Fla. 2d DCA 2021) (reversing and
remanding temporary injunction where trial court did not make express
findings as to all four required elements for a temporary injunction).
Reversed and remanded with instructions.
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