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Sabetti v. Smith

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
Dec 16, 2020
308 So. 3d 205 (Fla. Dist. Ct. App. 2020)

Opinion

No. 4D20-1732

12-16-2020

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

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


Duane Pinnock of Boyes, Farina & Matwiczyk P.A., Palm Beach Gardens, for appellants.

Virginia Wolf Gilliam of Gilliam & Gilliam, LLC, Miami Gardens, for appellee.

Per Curiam. 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.

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


Summaries of

Sabetti v. Smith

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
Dec 16, 2020
308 So. 3d 205 (Fla. Dist. Ct. App. 2020)
Case details for

Sabetti v. Smith

Case Details

Full title:LOUIS SABETTI and JANICE SABETTI, Individually and as Trustee of the…

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

Date published: Dec 16, 2020

Citations

308 So. 3d 205 (Fla. Dist. Ct. App. 2020)