Opinion
Case No. 5D17-1832
08-10-2018
MJR MINTON, LLC and Cre Fund, LLC, Appellants, v. LONG DOGGERS EATERIES, INC., Appellee.
Katherine E. Giddings and Diane G. DeWolf, of Ackerman LLP, Tallahassee, for Appellants. David A. Monaco, John N. Bogdanoff and Christopher V. Carlyle, of The Carlyle Appellate Law Firm, The Villages, and Allan P. Whitehead, Gary B. Frese and Erika McBryde, of Frese, Whitehead, Anderson, Anderson & Heuston, P.A., Melbourne, for Appellee.
Katherine E. Giddings and Diane G. DeWolf, of Ackerman LLP, Tallahassee, for Appellants.
David A. Monaco, John N. Bogdanoff and Christopher V. Carlyle, of The Carlyle Appellate Law Firm, The Villages, and Allan P. Whitehead, Gary B. Frese and Erika McBryde, of Frese, Whitehead, Anderson, Anderson & Heuston, P.A., Melbourne, for Appellee.
PER CURIAM.
We affirm the Amended Final Judgment without prejudice to the parties seeking modification of the previously-issued permanent injunction in light of the potential for changed circumstances resulting from the final judgment. See Jackson Grain Co. v. Lee, 150 Fla. 232, 7 So.2d 143, 146 (1942) ("Where the grounds and reasons for which the injunction was granted no longer exist, by reason of changed conditions, it may be necessary to alter the decree to adapt it to such changed conditions, or to set it aside altogether, as where there is a change in the controlling facts on which the injunction rests, or where the applicable law, common or statutory, has in the meantime been changed, modified, or extended. Such change in the law does not deprive the complainant of any vested right in the injunction because no such vested right exists."); Miranda v. Pacheco Entm't Prod. Enter., 220 So.3d 523, 527 (Fla. 3d DCA 2017) ("[A] trial court necessarily retains jurisdiction to modify a permanent injunction when changed circumstances make it equitable to do so." (citing Hale v. Miracle Enter., 517 So.2d 102, 103 (Fla. 3d DCA 1987) ) ).
AFFIRMED.
PALMER, ORFINGER, JJ., and MUNYON, L., Associate Judge, concur.