Jacobson v. Rubins
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
Read the full opinion, holdings & search — free for 30 days
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision — in your hands.
- Search every tracked Florida decision in seconds
- Save, tag & file the cases that matter into your own library
- Read the full plain-English analysis and holdings
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.