though that agreement was not attached to any of the pleadings of record, and was not admitted into evidence below. The circuit judge denied the motion for rehearing, reasoning that it was an appellate court’s duty to correct fundamental errors even when they have not been identified by the parties and that the appeal involved fundamental error. DOT then petitioned this court for certiorari review. The Authority, which was not a party at trial or in the circuit appeal, also filed a petition for writ of certiorari on May 22, 2008, arguing that the appellate court did not have jurisdiction over it and violated due process by issuing an injunction against it even though it had not been named as a party or given an opportunity to be heard on the issues. Stand o.2d 462 (Fla. 4th DCA 2006) (<HOLDING>); Sheoah Highlands, Inc. v. Daugherty, 837
recognizing any issue of infringement determined by the itc does not bind this court or the parties recognizing that an injunction cannot bind parties who are not before this court holding that issues not raised before the district court cannot be raised for the first time before this court holding that trial court erred by entering an injunction sua sponte as an injunction cannot be entered unless a pleading requests one recognizing that a court is without jurisdiction to issue an injunction which would interfere with the rights of those who are not parties to the action