WASTE PRO OF FLORIDA, INC., v. EMERALD WASTE SERVICES, LLC and JOEL THORNTON

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA WASTE PRO OF FLORIDA, INC., NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, CASE NO. 1D09-1971 v. EMERALD WASTE SERVICES, LLC and JOEL THORNTON, Appellees. _____________________________/ Opinion filed September 30, 2009. An appeal from the Circuit Court for Wakulla County. N. Sanders Sauls, Judge. Lorence J. Bielby and John K. Londot of Greenberg Traurig, P.A., Tallahassee; and Elliot H. Scherker, Elaine D. Walter, and Julissa Rodriguez of Greenberg Traurig, P.A., Miami, for Appellant. Dawn Pompey Whitehurst and Roosevelt Randolph of Knowles & Randolph, P.A., Tallahassee, for Appellees. CORRECTED OPINION PER CURIAM. We reverse the trial court s order granting a temporary injunction because of a lack of specific factual findings. Aerospace Welding, Inc. v. Southstream Exhaust & Welding, Inc., 824 So. 2d 226, 227 (Fla. 4th DCA 2002) (reiterating that [c]lear, definite, and unequivocally sufficient factual findings must support each of [the] four criteria before the court may enter the injunction. ) (quoting City of Jacksonville v. Naegele Outdoor Adver. Co., 634 So. 2d 750, 754 (Fla. 1st DCA 1994)). We find the order did no more than mirror each tine of the four-prong [temporary injunction] test. Edwards v. Harris, 904 So. 2d 196, 197 (Fla. 1st DCA 2007 (citing Seashore Club of Atl. City, Inc. v. Tessler, 405 So. 2d 767, 768 (Fla. 4th DCA 1981)). Given the circumstantial nature of the evidence supporting the breadth of the injunction, specific factual findings are necessary to allow for meaningful appellate review. Jouvence Ctr. for Advanced Health, LLC. v. Jouvence Rejuvenation Ctrs., LLC., 34 Fla. L. Weekly D1167 (Fla. 4th DCA June 10, 2009); see also Angelino v. Santa Barbara Enters., LLC., 2 So. 3d 1100 (Fla. 3d DCA 2009). Accordingly, we reverse the trial court s order and remand for the trial court to enter an order that satisfies all requirements for entry of a temporary injunction. REVERSED AND REMANDED. WOLF, PADOVANO, and THOMAS, JJ., CONCUR. 2

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