Casanas v. Tandron
In a fight over control of a non-profit fraternal lodge, the trial court granted the defendants' "threshold motion in limine" to determine the rightful board, dismissed the plaintiffs' complaint, enjoined them from acting for the Lodge, and ordered immediate turnover of property. The Third DCA held the order was not final (interdependent damages claims remained pending), exercised jurisdiction only over the injunction and immediate-possession provisions under Rule 9.130(a)(3)(B) and (C)(ii), and reversed because the court resolved disputed material facts by "trial by affidavit" and made none of the required temporary-injunction findings.
Key facts
- Plaintiffs and defendants disputed control of a non-profit fraternal lodge, with defendants seeking to remove plaintiffs from the board and take possession of lodge property and records.
- The trial court granted defendants' 'threshold motion in limine,' dismissed plaintiffs' complaint, issued an injunction barring plaintiffs from acting for the lodge, and ordered immediate turnover of property to defendants.
- +2 more key facts with a free trial
Why it matters
A useful, citable package for litigators facing 'threshold' or hybrid motions that decide corporate-control disputes without an evidentiary hearing: the court reaffirms that motions in limine cannot function as… — full analysis with a trial
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