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Guardianships, Freezing Assets, and Injunctions in the Orlando, Florida Area

An order of temporary freezing assets is effectively an order granting a temporary injunction.  An order of temporary freezing assets in a guardianship case is effectively an order granting the temporary injunction. An order freezing assets for further determination of ownership right to those assets is in the nature of an injunction. The laws and rules governing temporary injunctions apply when a court enters a temporary order freezing assets. This is applying Rule 1.610  which governs temporary injunctions, to a guardianship case.

The standard of review of trial court orders of request for temporary injunctions is hybrid. To the extent that the trial court order is based on factual findings, the appellate court will not reverse the trial court unless the trial court abused its discretion. However, any legal conclusions are subject to de novo review. However, when the party against who the preliminary  injunction is entered does not file a motion to dissolve the injunction pursuant to rule 1.610 (d) prior to direct appeal, the appellate court may not inquire into the factual matters presented. Instead, the court’s inquiry is limited to the legal sufficiency of the trial court’s order, complaint, and any supporting documents.

In order to receive a temporary injunction, the moving party must establish: (1) the likelihood of irreparable  harm; (2) the lack of an adequate remedy at law; (3) a substantial likelihood of success on the merits; and (4) consideration of public interest.

If the motion for a temporary injunction meets the four criteria, the court must make findings in the order as to each of the criteria. The court order must contain clear, definite, and unequivocally sufficient factual findings to support each of the four elements. However, if the movant fails to establish any element, the trial court must deny the temporary injunction.

While the trial court is afforded discretion in setting the amount of bond for temporary injunction, the court cannot waive the bond requirement of rule  1.610(b), nor can it comply by setting a nominal amount. However,  a trial court’s failure to set bond does not invalidate the injunction. The remedy for the trial court’s failure to set a  bond as required by rule 1.610(b) is that the trial court must conduct an evidentiary hearing to determine the amount of the bond to be posted.

If you have more questions regarding a Guardianship Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my

website at https://www.annmariegildenlaw.com

This article is for informational purposes only and does not form an attorney client privilege.