Colonial Press of Miami, Inc. v. Industrial Medicine Publishing Co.

In 1963, appellant obtained a temporary injunction and posted a Five Thousand Dollar bond. On June 6, 1966, appellant voluntarily dismissed the cause and on June 14, 1966 obtained an order of dismissal without prejudice. This order dissolved the injunction and required that the bond remain posted until appellee shall have an opportunity to prove up such damages as it may have suffered by reason of having been improvidently enjoined, according to the terms of the injunction bond. Appellant moved to dismiss the action on the injunction bond relying on Rice v. White, Fla.App. 1962, 147 So.2d…