FOR IMMEDIATE RELEASE
December 3, 1999


Appeals court reverses temporary injunction, finds that FHSAA was not afforded due process

GAINESVILLE – Florida's Fifth District Court of Appeals has unanimously reversed a temporary injunction issued last February against the Florida High School Activities Association by a circuit judge in Seminole County on the grounds that the judge failed to afford the FHSAA due process.

The temporary injunction was issued by the judge on behalf of a student-athlete at Lake Mary High School who was ejected from a girls soccer game in the district tournament for unsportsmanlike conduct. The student was suspended from further participation by the FHSAA, according to its Policy on Unsportsmanlike Conduct.

The FHSAA received notice of a hearing on the motion for the temporary injunction just two hours before it was scheduled to begin in Sanford– the county seat of Seminole County and a two-and-one-half hour drive from Gainesville. Court records, however, show that the judge issued the temporary injunction before the hearing was even scheduled to begin.

The FHSAA filed an appeal of the injunction on the grounds that it did not receive sufficient notice of the hearing, and was not given an opportunity to be heard before the injunction was issued.

The appellate court agreed, ruling that the judge failed to follow the Florida Rules of Civil Procedure. Rule 1.610 of that code states that a temporary injunction may be granted without notice to the defendant only if the specific facts of the case show that the plaintiff would suffer irreparable harm before the defendant can be heard.

"Because a temporary injunction without notice is an extraordinary remedy, it should be granted sparingly and only upon strict compliance with rule 1.610," the appellate court wrote in its unanimous opinion, which was filed on Oct. 29. "Notice for a temporary injunction means a meaningful opportunity to prepare in order to present evidence and secure a record of the proceedings. . . . There appears to have been no effort to allow FHSAA a meaningful opportunity to be heard prior to entry of the temporary injunction."

The appellate court added, "In closing, we note that we are aware that as a result of the injunction (the student) was permitted to continue to play soccer for her school's team until the season concluded. Obviously, this opinion will not change that fact. However, the result may have been different had FHSAA been afforded due process in accordance with the provisions of rule 1.610 of the Florida Rules of Civil Procedure. We issue this opinion as a reminder of the importance of that procedure."

"We applaud the decision of the appellate court," said Robert W. Hughes, Commissioner of the FHSAA. "Usually, such appeals aren't even considered by the court because they are moot. The court noted this, but it recognized that the Association was wronged when it was not even given a chance to defend its policies.

"As you know, legal action is often used to prevent us from enforcing the Association's rules. What's most frustrating about these hearings is that we usually don't know about them until just before they are held. Sometimes we don't even know about them until after they are held and we read about them in the newspaper. It's pretty hard to defend yourself under these circumstances. Hopefully, this opinion will cause trial court judges to enforce their rules and give the FHSAA, and anyone else in these situations, the opportunity to be heard before issuing such orders."

Contact:
Jack Watford
Director of Communications, FHSAA
(352) 372-9551 ext. 170
jwatford@fhsaa.org