THOMAS v. THOMAS (2022)

Shillum Shania Thomas seeks review of the nonfinal order granting Glenville Alphonso Thomas's sworn motion for injunctive relief related to real property owned by the parties. We have jurisdiction ¹ and find no error with regard to the trial court's finding a basis for and entering the temporary injunction. However, we reverse the order of injunction itself, which fails to set the required bond amount, and remand for further proceedings consistent with this opinion.

Florida Rule of Civil Procedure 1.610(b) provides that “[n]o temporary injunction shall 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.” It is error for the trial court to grant a temporary injunction without requiring the moving party to post a bond in accordance with rule 1.610(b). See Bellach v. Huggs of Naples, Inc., 704 So. 2d 679, 680 (Fla. 2d DCA 1997). Because the order here failed to require the posting of a bond, we reverse and remand. See id. (“The trial court must set the bond after providing both parties with the opportunity to present evidence regarding the appropriate amount.”).

Affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion.

FOOTNOTES

1.   In addition to entering the temporary injunction, the trial court also granted Glenville Thomas's motion to transfer venue to Miami-Dade County. Accordingly, the circuit court in Miami-Dade County now has jurisdiction over this issue. See § 47.172, Fla. Stat. (2020) (providing that the court to which a cause is transferred is vested with full power to hear and determine the issues in the action); Gundersen v. Powell, 340 So. 2d 1252, 1253 (Fla. 2d DCA 1976) (explaining that when a case is transferred, jurisdiction of that case vests in the transferee court when the case file is forwarded to the clerk of the transferee court and the proper party has paid the required filing fees).While this case has been transferred to Miami-Dade County, this court retains appellate jurisdiction over the order where the notice of appeal was filed prior to the change of venue. See Fla. R. App. P. 9.040(b)(2)(A); Vasilinda v. Lozano, 631 So. 2d 1082, 1087 (Fla. 1994); see also J.L.S. v. R.J.L., 708 So. 2d 293, 294 n.1, 295 (Fla. 2d DCA 1998).

PER CURIAM.

MORRIS, C.J., and SMITH and STARGEL, JJ., Concur.