BRIAN L. MACKES, APPELLANT,
v.
ST. LUCIE PAPER & PACKAGING, INC., A FLORIDA CORPORATION, APPELLEE
BRIAN L. MACKES, APPELLANT,
ST. LUCIE PAPER & PACKAGING, INC., A FLORIDA CORPORATION, APPELLEE
625 So. 2d 130
Florida District Court of Appeal, Fourth District (1993)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
The trial court granted a permanent injunction after a hearing which was noticed only for a temporary injunction. There was no notice for trial or order setting trial as required by Fla.R.Civ.P. 1.440(b) and (c). We therefore reverse the order insofar as it is a permanent injunction. Since appellant has given us no good reason not to do so, we leave the order in effect as a temporary injunction if the appellee posts a bond, the amount to be set by the trial court.
Reversed.
GLICKSTEIN and KLEIN, JJ., and GROSS, ROBERT M., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cohen v. Robert N. Cooper, M.D., 20 So. 3d 453 (Fla. 4th DCA 2009)…e court must draw every possible inference in favor of the non-moving party.” Edwards v. Simon, 961 So. 2d 973, 974 (Fla. 4th DCA 2007). Finally, “[sjummary judgments should be cautiously granted in negligence and malpractice suits.” Davis v. Green, 625 So. 2d 130, 131 (Fla. 4th DCA 1993). In Tanner v. Hartog, 618 So. 2d 177, 181 (Fla.1993) (footnote omitted), the Florida Supreme Court held that “the knowledge of the injury as referred to in the rule as triggering the statute of limitations means not only kn…
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Watkins v. Colonial Life & Accident Ins. Co., 719 So. 2d 934 (Fla. 5th DCA 1998)…consider the limited issue of whether the issuance of a temporary injunction would be proper. As a result, the unexpected consideration of the propriety of issuing a permanent injunction was improper. See Mackes v. St. Lucie Paper & Packaging, Inc., 625 So. 2d 130 (Fla. 4th DCA 1993); see also Orange Lake Country Club, Inc. v. Levin, 645 So. 2d 60 (Fla. 5th DCA 1994). Furthermore, the injunction order cannot be sustained as constituting a valid temporary injunction because the order fails to set forth the sp…
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Hernandez v. Amisub (American Hospital), Inc., 659 So. 2d 1316 (Fla. 3d DCA 1995)…le possibility that the injury was caused by medical malpractice.” Tanner, 618 So. 2d at 181 (footnote omitted); accord Hillsborough Community Mental Health Ctr. v. Harr, 618 So. 2d 187, 189 (Fla. 1993); Arango, 656 So. 2d at 250-51; Davis v. Green, 625 So. 2d 130, 131-32 (Fla. 4th DCA 1993); Cardenas ex rel. Cardenas v. Godbold, 625 So. 2d 98, 100 (Fla. 5th DCA 1993). The modification made by the Court in Tanner assures that the medical malpractice statute of limitations will not begin to run against a plain…
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