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2nd DCAMarch 22, 2024Vacated in Part⭐ Notable

Jacobson v. Rubins

Case No. 2D2022-3268

During a discovery dispute over re-depositions, the trial court's written order included a directive that the defendant "cease all extrajudicial defamatory conduct" toward the plaintiff and his wife. The Second DCA vacated that language, holding it was an unconstitutional prior restraint, was entered outside the pleadings and without notice in violation of due process, lacked the bond required by rule 1.610(b), and was unsupported by competent substantial evidence.

Key facts

  • Defendant was ordered by the trial court to 'cease all extrajudicial defamatory conduct' toward plaintiff and his wife as part of a written order addressing a discovery dispute over re-depositions.
  • The directive was entered without separate notice of injunction proceedings, without a bond as required by rule, and without evidentiary support in the record.
  • +1 more key fact with a free trial

Why it matters

A crisp, citable four-ground checklist for attacking injunctive language slipped into an order that was never noticed as an injunction hearing — a recurring problem when trial courts add sua sponte directives to… — full analysis with a trial

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