Harp Group, Inc. v. Leins

District Court of Appeal of Florida

Harp Group, Inc. v. Leins

946 So. 2d 571, 2006 Fla. App. LEXIS 20771, 2006 WL 3615489

District Court of Appeal of Florida·Decided December 13, 2006·No. No. 3D06-2242·Published

Opinion

PER CURIAM.

The appellee’s motion to dissolve a preliminary injunction below was granted without an evidentiary hearing on the ground that the court lacked “jurisdiction.” This was clearly erroneous since the court possessed both subject matter jurisdiction of a proceeding for injunction, see Sirgany Int’l, Inc. v. Miami-Dade County, 887 So.2d 381, 383 (Fla. 3d DCA 2004), and personal jurisdiction over the defendant-appellee through personal service in Florida. The order on appeal is therefore reversed and the preliminary injunction reinstated forthwith pending a full hearing on the merits of the motion to dissolve the injunction.

Reversed.

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PER CURIAM.

The appellee’s motion to dissolve a preliminary injunction below was granted without an evidentiary hearing on the ground that the court lacked “jurisdiction.” This was clearly erroneous since the court possessed both subject matter jurisdiction of a proceeding for injunction, see Sirgany Int’l, Inc. v. Miami-Dade County, 887 So.2d 381, 383 (Fla. 3d DCA 2004), and personal jurisdiction over the defendant-appellee through personal service in Florida. The order on appeal is therefore reversed and the preliminary injunction reinstated forthwith pending a full hearing on the merits of the motion to dissolve the injunction.

Reversed.

Harp Group, Inc. v. Leins, 946 So. 2d 571, 2006 Fla. App. LEXIS 20771, 2006 WL 3615489 (Fla. Ct. App. 2006).

Pincite

946 So. 2d 571 (Harp Group, Inc. v. Leins) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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