Sunny Isles v. Temple B'Nai Zion
In Sunny Isles v. Temple B'Nai Zion the 3d DCA quashed a writ of mandamus that had been ordered against the city to prevent it from enforcing a historic site designation pending futher proceedings against the designation. The 3d DCA found that the circuit court had, de facto, entered a temporary injunction that did not meet the requirements of Fla. R. Civ. P 9.130 and quashed the writ.
Practice note -- sometimes, the form of the pleading matters. Of course, the Temple got the delay it wanted (or at least most of it), but it could have left itself open to sanctions -as might future attorneys who try to use mandamus in lieu of injunction under similar circumstances.
Practice note -- sometimes, the form of the pleading matters. Of course, the Temple got the delay it wanted (or at least most of it), but it could have left itself open to sanctions -as might future attorneys who try to use mandamus in lieu of injunction under similar circumstances.