ED LANE AND ED LANE AUTO SALES, INC., A FLORIDA CORPORATION, APPELLANTS,
v.
REUBIN J. CLEIN, JOE CLEIN AND ROBERT WILLIS, APPELLEES
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In this interlocutory appeal, a Florida appellate court affirmed the dissolution of a temporary injunction that had restrained defendants from making derogatory statements about plaintiff's business. The court found no abuse of discretion by the trial judge in dissolving the injunction, noting the absence of a clear record regarding the grounds for dissolution.
The appellate court affirmed the dissolution of the temporary injunction. The court held that absent a clear record showing the trial judge's grounds for dissolution or evidence of an abuse of discretion, an appellate court will not disturb the trial judge's decision to dissolve a temporary injunction issued without notice.
“Wide judicial discretion rests in the court in the granting, denying, dissolving or modifying injunctions and an appellate court will not interfere where no abuse of discretion appears.”
Establishes the standard of review for injunctive decisions and the deference afforded trial courts.
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Join FLexlaw to unlock all legal intelligenceEd Lane and Ed Lane Auto Sales, Inc. sued defendants Reubin J. Clein, Joe Clein, and Robert Willis, alleging they stationed agents in front of the pla…
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This interlocutory appeal is taken from an order dissolving a temporary injunction. Ed Lane and Ed Lane Auto Sales, Inc., were the plaintiffs in the trial court and are *16the appellants here. The complaint alleged that the defendants, Reubin J. Clein, Joe Clein and Robert Willis, acting under the guise of selling a pttblication known as “Miami Life”, stationed their agents in front of the place of business of Ed Lane Auto Sales, Inc., and caused the agents to shout derogatory statements about the plaintiffs, Ed Lane and Ed Lane Auto Sales, Inc. These utterances were made on or about the 3rd day of July, 1961. It was also alleged that the statements were malicious, false and designed to destroy the business of the plaintiff, and “that if the defendants are allowed to continue the activities aforedescribed, plaintiffs will be irreparably damaged in their business and employment and will be subjects of ridicule and disgrace in the community”.
Based upon the sworn complaint, a circuit judge, acting for his alternate upon an emergency basis, entered the restraining order. The salient portions of the order are as follows:
“ORDERED, ADJUDGED AND DECREED:
“That the defendants, REUBIN J. CLEIN, JOE CLEIN and ROBERT WILLIS, all citizens and residents of Dade County, Florida, and all of their agents and employees be temporarily enjoined and restrained from appearing on or around plaintiffs’ business address at S700 N.W. 36th Street, Dade County, Florida, for the purpose of uttering, speaking or publishing any statements against the plaintiffs, or either of them, or for the purpose of molesting plaintiffs in the business conducted by ED LANE AUTO SALES, INC. at 5700 N.W. 36th Street, Dade County, Florida.”
Thereafter.the defendants filed a motion tc dissolve the temporary injunction.1
Counsel agree that no testimony was taken at the hearing on defendant’s motion. We have no record of this hearing other than the order dissolving temporary injunction and the order does not designate the ground upon which the injunction was dissolved.
Wide judicial discretion rests in the court in the granting, denying, dissolving or modifying injunctions and an appellate court will not interfere where no abuse of discretion appears. Shaw v. Palmer, 54 Fla. 490, 44 So. 953. The fact that the emergency judge had granted the injunction in no way limits the discretion of the judge in whose division the cause fell.
The burden of appellants’ argument is that equity can and should grant injunctive relief against a continuing course of conduct which is designed to destroy the business of another. See cases cited at 28 Am.Jur., Injunctions, § 134. The appellees, upon the other hand, urge that they are immune because they operate a newspaper. *17They urge that maintenance of freedom of the press is so important that a court ought always to refuse injunctive relief.
We do not find it necessary to pass upon the sufficiency of appellees’ position. Indeed it does not appear to us that the question of freedom of the press is involved. In the absence of a record which shows the chancellor’s refusal to take testimony or shows testimony sufficient to demonstrate an abuse of discretion, we will not disturb the order of the chancellor dissolving the temporary injunction issued without notice.
Affirmed.
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Tower Credit Corp. v. State, 183 So. 2d 255 (Fla. 4th DCA 1966)…notice would accelerate [*257] the alleged injury resulting in irreparable harm and damage. See Dixie Music Co. v. Pike, 1938, 135 Fla. 671, 185 So. 441; Kilgore Groves, Inc. v. Mayo, 1939, 136 Fla. 615, 187 So. 256; and Lane v. Clein, Fla.App.1962, 137 So. 2d 15. Affirmed. SMITH, C. J., and ANDREWS and WALDEN, JJ., concur.…
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Cunningham v. Hester Dozer, 159 So. 2d 105 (Fla. 3d DCA 1963)…owing that the chancellor abused his discretion. See: Albury v. Plumbers Local Union No. 519, A. F. of L.-C.I.O., Fla.App.1958, 100 So. 2d 647; North Dade Water Co. v. Adken Land [*106] Co., Fla.App.1959, 114 So. 2d 347; Lane v. Clein, Fla.App.1962, 137 So. 2d 15. It is not the prerogative of appellate courts to substitute their judgment for that of a chancellor. It is for the appellate court to de-■rtermine whether or not, under the circum-stances presented by the record on appeal, “the chancellor committed…
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Silver Blue Lake Apts., Inc. v. Silver Blue Lake Home Owners' Ass'n, Inc., 191 So. 2d 61 (Fla. 3d DCA 1966)…PER CURIAM. The order in appeal no. 66-294 denying a motion to dissolve a temporary injunction is affirmed. See Lane v. Clein, Fla.App. 1962, 137 So. 2d 15. The order in appeal no. 66-540 denying the motion to dismiss the complaint is affirmed. See Florio v. State ex rel. Epperson, Fla.App.1960, 119 So. 2d 305, 310, 80 A.L.R.2d 1117. See also Duval v. Thomas, Fla.1959, 114 So. 2d 791, 794.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shaw v. Palmer, 54 Fla. 490 (Fla. 1907)