Angelis v. Tarpon Springs Sponge Producers Ass'n

Supreme Court of Florida

Angelis v. Tarpon Springs Sponge Producers Ass'n

149 So. 630, 111 Fla. 740, 1933 Fla. LEXIS 2087

CourtSupreme Court of Florida

DecidedAugust 9, 1933

StatusPublished

Cited by3 cases

This text of 149 So. 630 (Angelis v. Tarpon Springs Sponge Producers Ass'n) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Angelis v. Tarpon Springs Sponge Producers Ass'n, 149 So. 630, 111 Fla. 740, 1933 Fla. LEXIS 2087 (Fla. 1933).

Pincite

Opinion

Per Curiam.

Tarpon Springs Sponge Producers Association, Inc., a private corporation for profit, was granted an interlocutory injunction against the appellant, Cimos Angelis, to restrain him, until further order of the Court, from selling, encumbering or otherwise disposing of certain sponges described in the bill of complaint, that it is alleged defendant, Angelis, had produced and placed in certain stalls in the Tarpon Springs Sponge Exchange, but which, so the bill alleges, the defendant was about to sell and dispose of to a third 'party in violation of his alleged written *741 contract with complainant to market- same only through complainant’s agency, under the written contract.

The appeal is solely from the order granting the temporary injunction as-to sponges already in esse. And the injunction awarded relates solely to the sponges that are alleged to be subject to the written contract on Angelis which forms the basis of the bill filed by the other party to that contract.

The contract relied on, at least as applied to the sponges already on hand, as described in the bill, is not void nor unenforceable on its face. So the allowance of a temporary injunction to preserve the status of the parties under the contract with reference to such sponges, was not improvidently ordered. No other question than the propriety of allowing the temporary injunction is properly presented, nor can the other questions argued bn this hearing be determined on this appeal, which is solely from the order allowing the temporary injunction. Masser v. London Operating Co., 106 Fla. 474, 145 Sou. Rep. 72; City of Jacksonville v. Giller, 102 Fla. 92, 135 Sou. Rep. 594. The order appealed from is therefore affirmed and the cause remanded for further proceedings according to equity practice.

Affirmed and remanded.

Davis, C. J., and Whitfield, Terrell, Brown and Buford, J. J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

Tarpon Springs Sponge Producers Association, Inc., a private corporation for profit, was granted an interlocutory injunction against the appellant, Cimos Angelis, to restrain him, until further order of the Court, from selling, encumbering or otherwise disposing of certain sponges described in the bill of complaint, that it is alleged defendant, Angelis, had produced and placed in certain stalls in the Tarpon Springs Sponge Exchange, but which, so the bill alleges, the defendant was about to sell and dispose of to a third 'party in violation of his alleged written *741 contract with complainant to market- same only through complainant’s agency, under the written contract.

The appeal is solely from the order granting the temporary injunction as-to sponges already in esse. And the injunction awarded relates solely to the sponges that are alleged to be subject to the written contract on Angelis which forms the basis of the bill filed by the other party to that contract.

The contract relied on, at least as applied to the sponges already on hand, as described in the bill, is not void nor unenforceable on its face. So the allowance of a temporary injunction to preserve the status of the parties under the contract with reference to such sponges, was not improvidently ordered. No other question than the propriety of allowing the temporary injunction is properly presented, nor can the other questions argued bn this hearing be determined on this appeal, which is solely from the order allowing the temporary injunction. Masser v. London Operating Co., 106 Fla. 474, 145 Sou. Rep. 72; City of Jacksonville v. Giller, 102 Fla. 92, 135 Sou. Rep. 594. The order appealed from is therefore affirmed and the cause remanded for further proceedings according to equity practice.

Affirmed and remanded.

Davis, C. J., and Whitfield, Terrell, Brown and Buford, J. J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

149 So. 630, 111 Fla. 740, 1933 Fla. LEXIS 2087, Counsel Stack Legal Research, https://law.counselstack.com/opinion/angelis-v-tarpon-springs-sponge-producers-assn-fla-1933.

Opinion

Related

Cite This Page — Counsel Stack