Colonial Acceptance, Inc. v. State ex rel. Ervin

68 So. 2d 588, 1953 Fla. LEXIS 1779
Supreme Court of Florida·Decided December 11, 1953·Published·Cited by 1 cases

Opinion

PER CURIAM.

It appearing that the allegations of the bill of complaint and affidavit in support thereof fail to meet the substantive and procedural prerequisites necessary for granting a temporary injunction or appointing a re'ceiver, without .notice, certiorari is granted. Equity Rule 73, 31 F.S.A.; Dixie Music Co., Inc., v. Pike, 135 Fla. 671, 185 So. 441.

.Therefore, the order denying the motion ■to dismiss the bill and all orders based on the bill are hereby quashed with directions to.dismiss the cause.

ROBERTS, C. J., and THOMAS, MATHEWS and DREW, JJ., concur.

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Colonial Acceptance, Inc. v. State ex rel. Ervin, 68 So. 2d 588, 1953 Fla. LEXIS 1779 (Fla. 1953).

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Related

State ex rel. Ervin v. Colonial Acceptance, Inc.
80 So. 2d 681 (Supreme Court of Florida, 1955)