ShipJoy, LLC v. SVES, LLC
ShipJoy sought damages and fees under section 60.07, Florida Statutes, after three temporary injunctions entered without bond were dissolved. The Third DCA affirmed the denial, holding that section 60.07 presupposes the existence of an injunction bond, and that the Provident exception permitting recovery absent a bond applies only where a bond is dispensed with under rule 1.610(b) (governmental plaintiffs) or where the injunction was obtained maliciously, in bad faith, or by fraud. The court also held that a would-be intervenor whose motion to intervene was denied is not a party and cannot be held liable.
Key facts
- ShipJoy sought damages and attorney's fees under Florida Statutes section 60.07 after three temporary injunctions entered against it without bond were dissolved.
- The trial court denied ShipJoy's request for damages, finding no basis for recovery under section 60.07 where no injunction bond was posted.
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Why it matters
This opinion crisply confirms that a party wrongfully enjoined without a bond has no damages remedy under section 60.07 and must instead challenge the missing bond while the injunction is still in effect. It also cabins… — full analysis with a trial
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