SABETTI v. SMITH (2020)

District Court of Appeal of Florida, Fourth District.

Louis SABETTI and Janice Sabetti, Individually and as Trustee of the Thelma Murphy Smith Testamentary Trust, Appellants, v. Spencer SMITH, et al., Appellee.

No. 4D20-1732

Decided: December 16, 2020

Duane Pinnock of Boyes, Farina & Matwiczyk P.A., Palm Beach Gardens, for appellants. Virginia Wolf Gilliam of Gilliam & Gilliam, LLC, Miami Gardens, for appellee.

We reverse the order granting a temporary injunction. The appellee agrees the appealed order lacks the required factual findings and that remand is required. Fla. R. Civ. P. 1.610(c); Salazar v. Hometeam Pest Def., Inc., 230 So. 3d 619, 622 (Fla. 2d DCA 2017). Because the trial court failed to make the required factual findings, we are unable to address the merits of whether the appellee proved the requisite elements to obtain a temporary injunction. The appellants' alternative argument that the trial court lacked jurisdiction is without merit.

Reversed and remanded.

Per Curiam.

May, Damoorgian, and Klingensmith, JJ., concur.

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