Kedac, Inc. v. Export Development Corp.

District Court of Appeal of Florida

Kedac, Inc. v. Export Development Corp.

685 So. 2d 97, 1997 Fla. App. LEXIS 57, 1997 WL 1584

CourtDistrict Court of Appeal of Florida

DecidedJanuary 2, 1997

DocketNo. 96-2200

StatusPublished

Cited by2 cases

This text of 685 So. 2d 97 (Kedac, Inc. v. Export Development Corp.) 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.

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Kedac, Inc. v. Export Development Corp., 685 So. 2d 97, 1997 Fla. App. LEXIS 57, 1997 WL 1584 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

The trial court summarily denied appellants’ motion for temporary injunction to prevent the sale of stock pledged to secure a debt. The decision was based solely on the trial court’s review of the motion; no hearing was held. The reason given for denial was that the injury alleged in the motion could be remedied by an award of damages.

Injunctive relief will not be granted routinely to prevent t e wrongful sale of stock because a value can usually be placed on the shares after they are sold. Morris v. Ricks, 573 So.2d 1029 (Fla. 2d DCA 1991). However, the appellants should not have been deprived of the opportunity to offer evidence that in their case a monetary award would be inadequate. The order denying the temporary injunction is reversed, and the case remanded for a hearing on the appellants’ motion.

DELL, POLEN and WARNER, JJ., concur.

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PER CURIAM.

The trial court summarily denied appellants’ motion for temporary injunction to prevent the sale of stock pledged to secure a debt. The decision was based solely on the trial court’s review of the motion; no hearing was held. The reason given for denial was that the injury alleged in the motion could be remedied by an award of damages.

Injunctive relief will not be granted routinely to prevent t e wrongful sale of stock because a value can usually be placed on the shares after they are sold. Morris v. Ricks, 573 So.2d 1029 (Fla. 2d DCA 1991). However, the appellants should not have been deprived of the opportunity to offer evidence that in their case a monetary award would be inadequate. The order denying the temporary injunction is reversed, and the case remanded for a hearing on the appellants’ motion.

DELL, POLEN and WARNER, JJ., concur.

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685 So. 2d 97, 1997 Fla. App. LEXIS 57, 1997 WL 1584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kedac-inc-v-export-development-corp-fladistctapp-1997.

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