Rogers v. Stanec

GRIMM, Presiding Judge.

Plaintiffs originally sought and obtained an injunction against defendants. On appeal, the trial court’s judgment was reversed. Ultimately, plaintiffs dismissed their lawsuit and defendants sought damages on the injunction bond. The trial court denied their request and they appeal.

In their only point, defendants allege the trial court erred by denying their motion for judgment on the bond. They contend plaintiffs’ voluntary dismissal of their lawsuit without defendants’ consent, connivance or affirmative act amounted to a determination that the injunction was…