In Re Marriage of Schwartz

This is an interlocutory appeal by respondent, Jeanne W. Schwartz, from an order granting a preliminary injunction restraining her from interfering with petitioner, Bertram Schwartz’ use, occupancy and enjoyment of a condominium in the State of Florida. Respondent contends that (1) the trial court’s granting of the preliminary injunction was improper, and (2) the petitioner’s conduct barred him from seeking injunctive relief.

We reverse.

Pertinent to our disposition are the following.

The parties were married on December 17, 1949. In June of 1984, Bertram Schwartz, a builder/developer doing…