Opinion
No. 77-875.
August 30, 1977.
Appeal from the Circuit Court for Dade County, Natalie Baskin, J.
Taylor, Brion, Buker Greene, Arnaldo Velez, Miami, for appellant.
Underwood, Gillis, Karcher Reinert and Carles E. Casuso, Miami, for appellee.
Before PEARSON, BARKDULL and HUBBART, JJ.
This appeal considers the propriety of a temporary injunction issued, without requiring the plaintiff to post an injunction bond. We reverse.
The matter did not arise out of a domestic relation action, but was an attempt to enjoin alleged malicious activities by the defendant. The injunction should not have been issued without requiring the plaintiff to post a bond. Belk's Department Store, Miami, Inc. v. Scherman, 117 So.2d 845 (Fla. 3d DCA 1960); Metropolitan Dade County v. Polk Pools, Inc., 124 So.2d 737 (Fla. 3d DCA 1960); Tampa Port Authority v. Deen, 179 So.2d 416 (Fla. 2d DCA 1965); Byrne v. Rec Centers, Inc., 309 So.2d 177 (Fla. 4th D.C.A. 1975); Fla.R.Civ.P. 1.610.
Even in case of a divorce action it may be necessary to show inability to make bond to obtain a temporary injunction, without necessity of posting bond. See: Voss v. Voss, 169 So.2d 351 (Fla. 3rd DCA 1964).
Reversed and remanded.