Pollo Operation Inc. v. R.C. Cobb, Inc.

District Court of Appeal of Florida

Pollo Operation Inc. v. R.C. Cobb, Inc.

635 So. 2d 1048, 1994 Fla. App. LEXIS 3899, 1994 WL 149689

CourtDistrict Court of Appeal of Florida

DecidedApril 27, 1994

DocketNo. 93-3694

StatusPublished

Cited by1 cases

This text of 635 So. 2d 1048 (Pollo Operation Inc. v. R.C. Cobb, Inc.) 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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Pollo Operation Inc. v. R.C. Cobb, Inc., 635 So. 2d 1048, 1994 Fla. App. LEXIS 3899, 1994 WL 149689 (Fla. Ct. App. 1994).

Pincite

Opinion

PER CURIAM.

The order granting a temporary injunction is reversed. Although counsel for appellee express mailed notice of the hearing to appellant so that it was received the day before the hearing, the trial court made a specific [1049]*1049finding that notice was not sufficient (reasonable). Despite the insufficient notice, at the hearing evidence other than an affidavit or verified pleading was allowed contrary to Florida Rule of Civil Procedure 1.610(a)(2):

No evidence other than the affidavit or verified pleading shall be used to support the application for a temporary injunction unless the adverse party appears at the hearing or has received reasonable notice of the hearing.

Reversed for further proceedings.

DELL, C.J., and WARNER and STEVENSON, JJ., concur.

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