Orange County v. Florida Ass'n for Constitutional Officers, Inc. , 229 So. 3d 867 ( 2017 )

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
ORANGE COUNTY, FLORIDA,
Appellant,
v. Case No. 5D17-252
FLORIDA ASSOCIATION FOR CONSTITUTIONAL
OFFICERS, INC., BILL COWLES, ORANGE COUNTY
SUPERVISOR OF ELECTIONS AND NICHOLAS
SHANNIN,
Appellee.
________________________________/
Opinion filed October 13, 2017
Non-Final Appeal from the
Circuit Court for Orange
County,
Bob Leblanc, Judge.
Jeffrey J. Newton, County Attorney, and
William C. Turner, Assistant County
Attorney, Orlando, for Appellant.
Gigi Rollini and Robert J. Telfer, III, April
Caminez-Bentley and Mark Herron, of
Messer Caparello, P.A., Tallahassee, for
Appellee, Florida Association for
Constitutional Officers, Inc.
Nicholas A. Shannin, of Shannin Law
Firm, P.A., Orlando, for Appellees, Bill
Cowles, Orange County Supervisor of
Elections.
No appearance for Appellee, Nicholas
Shannin.
PALMER, J.
Orange County (the County) appeals the trial court's order staying implementation
and enforcement of certain amendments to the County's Charter (the Charter) as
requested in an emergency motion of the Florida Association for Constitutional Officers
Inc., (the Association). Because the trial court's order constitutes a temporary injunction
without notice and the trial court failed to meet the requirements for the entry of such an
order, we reverse.
In the 2016 general election, the County’s voters approved certain amendments to
the Charter which abolished the constitutional offices of sheriff, tax collector, property
appraiser, supervisor of elections, and clerk of the circuit court, and transferred their
duties to nonpartisan, term-limited, charter offices.1 Additionally, the amendments
conferred upon the charter officers the right to sue or be sued, and exempted them from
the uniform budget process.
The Association filed a four-count complaint seeking a declaration that the
amendments were unlawful and a permanent injunction barring their implementation and
enforcement. The Association also filed an emergency motion requesting an immediate,
temporary stay of the amendments “to protect the status quo” and to ensure that the court
ultimately would have the opportunity to order meaningful relief in its disposition of the
case.
1 See Art. VIII, § 1(d), Fla. Const.
2
The trial court, without notice or a hearing, entered an order granting the
Association’s emergency motion. In its entirety, the order provides:
THIS MATTER came on before the Court, on the
[Association’s] Motion for Immediate, Temporary Stay and the
Court being fully advised in the premises, it is
ORDERED AND ADJUDGED as follows:
The motion is hereby Granted. Implementation and
enforcement of Charter Amendments described therein are
STAYED until further hearing and order of this Court.
This appeal timely followed.2
At the outset, we reject the Association’s argument that we lack jurisdiction to
review the challenged order. Rule 9.130(a)(3)(B) of the Florida Rules of Appellate
Procedure authorizes the district courts of appeal to review non-final orders that “grant,
continue, modify, or dissolve injunctions.” Pursuant to this rule, district courts have the
authority to review orders that, although not labeled an injunction, grant injunctive relief.
See City of Sunny Isles Beach v. Temple B'Nai Zion, Inc., 43 So. 3d 904, 906 (Fla. 3d
DCA 2010); Cone v. Anderson, 944 So. 2d 1073, 1074 (Fla. 1st DCA 2006). Here, the
trial court’s order barred the County from implementing and enforcing the Charter
amendments until further order of the court and, thus, constitutes a non-final order
granting injunction relief. See Cone, 944 So. 2d at 1074. Accordingly, we have jurisdiction.
2 See State v. Beeler, 530 So. 2d 932, 934 (Fla. 1988) (“After a trial court issues a
temporary injunction [without notice], a defendant has two options. He may question the
lack of prior notice by immediately appealing the injunctive order pursuant to Florida Rule
of Appellate Procedure 9.130(a)(3)(B), or he may file a motion to dissolve with the trial
court.”).
3
On the merits, the County argues that the trial court’s order fails to comply with the
provisions of rule 1.610 of the Florida Rules of Civil Procedure. We agree.3 “If the
language of an order is injunctive in nature, the order must comply with the requirements
. . . [of this rule].” Id. In part, rule 1.610 provides:
Rule 1.610. Injunctions
(a) Temporary Injunctions.
....
(2) . . . Every temporary injunction granted without notice shall
be endorsed with the date and hour of entry and shall be filed
forthwith in the clerk's office and shall 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 . . . .
(b) Bond. No temporary injunction shall be entered unless a
bond is given by the movant in an amount the court deems
proper . . . .
Here, the trial court’s order does not include the findings required by rule
1.610(a)(2). See Beatty v. Aher, 995 So. 2d 595, 596 (Fla. 5th DCA 2008) (reversing
temporary injunction without notice because it failed to comply with rule 1.610(a)(2)). Nor
does the order require the Association to post a bond. See Forrest v. Citi Residential
Lending, Inc., 73 So. 3d 269, 279 (Fla. 2d DCA 2011) (“An injunction is defective if it does
not require the movant to post a bond.”). Accordingly, we reverse and remand for further
proceedings. We do not reach the other arguments raised by the County.
REVERSED and REMANDED.
3Contrary to the Association’s assertions, “the lower court's compliance with the
requirements of law when issuing an injunction is a matter within the purview of a
reviewing court.” United Farm Workers of Am., AFL-CIO v. Quincy Corp., 681 So. 2d 773,
776 (Fla. 1st DCA 1996).
4
EVANDER and LAMBERT, JJ., concur.
5