USA Prescription, Inc. v. Celestial Group, Inc.

District Court of Appeal of Florida

USA Prescription, Inc. v. Celestial Group, Inc.

817 So. 2d 1005, 2002 Fla. App. LEXIS 7381, 2002 WL 1059806

CourtDistrict Court of Appeal of Florida

DecidedMay 29, 2002

DocketNo. 4D01-4648

StatusPublished

This text of 817 So. 2d 1005 (USA Prescription, Inc. v. Celestial Group, 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.

Bluebook

USA Prescription, Inc. v. Celestial Group, Inc., 817 So. 2d 1005, 2002 Fla. App. LEXIS 7381, 2002 WL 1059806 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

The trial court summarily denied USA Prescription, Inc.’s motion for temporary injunction to prevent the appellees from competing with it. The decision was made [1006]*1006at a hearing for which notice was given for an entirely different motion filed by the appellant.

The appellant should not have been deprived of the opportunity to offer evidence at a properly noticed hearing. See Kedac, Inc. v. Export Dev. Corp., 685 So.2d 97 (Fla. 4th DCA 1997). Accordingly, the trial court’s order denying the temporary injunction is reversed, and the case remanded for a properly noticed hearing on the appellant’s motion for temporary injunction.

STONE, WARNER, JJ„ and OWEN, WILLIAM C., Jr., Senior Judge, concur.

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PER CURIAM.

The trial court summarily denied USA Prescription, Inc.’s motion for temporary injunction to prevent the appellees from competing with it. The decision was made [1006]*1006at a hearing for which notice was given for an entirely different motion filed by the appellant.

The appellant should not have been deprived of the opportunity to offer evidence at a properly noticed hearing. See Kedac, Inc. v. Export Dev. Corp., 685 So.2d 97 (Fla. 4th DCA 1997). Accordingly, the trial court’s order denying the temporary injunction is reversed, and the case remanded for a properly noticed hearing on the appellant’s motion for temporary injunction.

STONE, WARNER, JJ„ and OWEN, WILLIAM C., Jr., Senior Judge, concur.

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Bluebook (online)

817 So. 2d 1005, 2002 Fla. App. LEXIS 7381, 2002 WL 1059806, Counsel Stack Legal Research, https://law.counselstack.com/opinion/usa-prescription-inc-v-celestial-group-inc-fladistctapp-2002.

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