Fair v. Kleman

District Court of Appeal of Florida

Fair v. Kleman

513 So. 2d 1314, 12 Fla. L. Weekly 2324, 1987 Fla. App. LEXIS 10414

CourtDistrict Court of Appeal of Florida

DecidedSeptember 25, 1987

DocketNo. 87-1223

StatusPublished

This text of 513 So. 2d 1314 (Fair v. Kleman) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fair v. Kleman, 513 So. 2d 1314, 12 Fla. L. Weekly 2324, 1987 Fla. App. LEXIS 10414 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

Fair brought a complaint in circuit court seeking a “temporary restraining order without notice” against the City of Tallahassee. He sought relief from the city’s policies concerning refusal to take utility payments from pedestrians at a drive-in facility and requiring a written request in order to be placed on the city commission’s agenda. He also described certain grievances pertaining to the city’s actions regarding a proposed Veterans’ Day observance. The circuit court denied the complaint, finding that “the grievances enumerated by the plaintiff and the relief sought with respect thereto are not of such immediate egregious nature as to warrant the issuance of the requested Temporary Restraining Order Without Notice.” Fair immediately appealed and filed an initial brief with appendix, see Rules 9.130(a)(3)(B) and (e). We find that the trial judge correctly denied the complaint, see Beeler v. State of Florida, 513 So.2d 710 (Fla. 1st DCA 1987). Accordingly, the lower court’s order is affirmed without prejudice to appellant’s right to seek in-junctive or other relief in a proceeding wherein the defendants are given proper notice and an opportunity to be heard.

SHIVERS, WIGGINTON and NIMMONS, JJ., concur.

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PER CURIAM.

Fair brought a complaint in circuit court seeking a “temporary restraining order without notice” against the City of Tallahassee. He sought relief from the city’s policies concerning refusal to take utility payments from pedestrians at a drive-in facility and requiring a written request in order to be placed on the city commission’s agenda. He also described certain grievances pertaining to the city’s actions regarding a proposed Veterans’ Day observance. The circuit court denied the complaint, finding that “the grievances enumerated by the plaintiff and the relief sought with respect thereto are not of such immediate egregious nature as to warrant the issuance of the requested Temporary Restraining Order Without Notice.” Fair immediately appealed and filed an initial brief with appendix, see Rules 9.130(a)(3)(B) and (e). We find that the trial judge correctly denied the complaint, see Beeler v. State of Florida, 513 So.2d 710 (Fla. 1st DCA 1987). Accordingly, the lower court’s order is affirmed without prejudice to appellant’s right to seek in-junctive or other relief in a proceeding wherein the defendants are given proper notice and an opportunity to be heard.

SHIVERS, WIGGINTON and NIMMONS, JJ., concur.

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Bluebook (online)

513 So. 2d 1314, 12 Fla. L. Weekly 2324, 1987 Fla. App. LEXIS 10414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fair-v-kleman-fladistctapp-1987.

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