Signal Outdoor Advertising , L L C v. Metropolitan Sytstems, Inc.
CourtDistrict Court of Appeal of Florida
Date FiledJune 16, 2021
Docket2D20-2501
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
SIGNAL OUTDOOR ADVERTISING, LLC,
Appellant,
v.
METROPOLITAN SYSTEMS, INC.; HILLSBOROUGH AREA
REGIONAL TRANSIT AUTHORITY; AND HILLSBOROUGH COUNTY,
Appellees.
HILLSBOROUGH AREA REGIONAL TRANSIT AUTHORITY,
Appellant,
v.
METROPOLITAN SYSTEMS, INC.; SIGNAL OUTDOOR
ADVERTISING, LLC; AND HILLSBOROUGH COUNTY,
Appellees.
Nos. 2D20-2501 & 2D20-2505
CONSOLIDATED
June 16, 2021
Appeal pursuant to Fla. R. App. P. 9.130 from the Circuit Court for
Hillsborough County; Gregory P Holder, Judge.
Amy E. Stoll of Older, Lundy & Alvarez, Tampa, for Appellant Signal
Outdoor Advertising, LLC.
Jessica C. Conner of Walker, Revels, Greninger & Netcher, PLLC,
Orlando, for Appellant Hillsborough Area Regional Transit
Authority.
Kristen M. Fiore of Akerman LLP, Tallahassee; and Leslie Joughin
III and John L. Dicks II of Akerman, LLP, Tampa, for Appellee
Metropolitan Systems, Inc.
LaROSE, Judge.
Signal Outdoor Advertising, LLC, and the Hillsborough Area
Regional Transit Authority (HART) appeal the trial court's injunction
entered in favor of Metropolitan Systems, Inc. We have jurisdiction.
See Fla. R. App. P. 9.030(b)(1)(B) ("District courts of appeal shall
review, by appeal . . . nonfinal orders as prescribed by rule
9.130 . . . ."); 9.130(a)(3)(B) (authorizing appeals of nonfinal orders
granting injunctions).
The parties concede, and we agree, that paragraph "2.a." of the
injunction, which prohibits Signal and HART from "interfering with
Metro's priority right to install advertising benches in the
unincorporated area of Hillsborough County," is overbroad; it fails
to furnish "in reasonable detail the act or acts restrained." Fla. R.
Civ. P. 1.610(c) ("Every injunction . . . shall describe in reasonable
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detail the act or acts restrained without reference to a pleading or
another document . . . ."); see also, e.g., Hasley v. Harrell, 971 So.
2d 149, 153 (Fla. 2d DCA 2007) ("[T]he injunction did not comport
with the procedural rule because it referred to another document to
describe the acts restrained. Moreover, neither the judgment nor
the referenced document specifically set forth the restraints
imposed on Hasley, as required by the rule and the statute.").
Paragraph 2.a. fails to "strictly comply" with the procedural
rule and, in so doing, ensnares otherwise legal activity. Polk County
v. Mitchell, 931 So. 2d 922, 925 (Fla. 2d DCA 2006) ("[A]n order
granting a temporary injunction must strictly comply with [rule]
1.610(c) . . . ."); see also, e.g., Smith v. Wiker, 192 So. 3d 603, 604
(Fla. 2d DCA 2016) ("[T]he prohibition that Smith not linger on his
driveway is overbroad because it encompasses conduct that could
constitute stalking by harassing the neighbor but could also
encompass activity that is perfectly legal."). Therefore, we reverse
as to paragraph 2.a.; however, we affirm the injunction in all other
respects.
Affirmed, in part; reversed, in part; and remanded.
MORRIS and SMITH, JJ., Concur.
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Opinion subject to revision prior to official publication.
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