A Fourth District Court of Appeal ruling reminds Florida litigants they need complaints or counterclaims for injunctive relief, or when asking courts to compel the other-side to do something. This cannot be done by a motion, or else it would violate due process.

The issue arose in a case in which as insurance company introduced “elect to repair” endorsements, allowing it to use preferred contractors to repair an insured’s home in lieu of issuing payment for covered damages. The dispute hinged on whether the insurance company successfully elected to repair.