GEORGE NICHOLAS, APPELLANT,
v.
P. G. WILLMOTT, APPELLEE

Fla. 3d DCA | 1965-06-01
No. 64-869
Before TILLMAN PEARSON, CARROLL and HENDRY, JJ.
175 So. 2d 592 Florida District Court of Appeal, Third District (1965) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed upon a holding that the final decree conclusively established the wrongful issuance of the injunction, therefore damages were properly assessed. See Sewell v. Huffstetler, 83 Fla. 629, 93 So. 162; National Surety Co. v. Willys-Overland, Inc., 103 Fla. 738, 138 So. 24.

Affirmed.


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  • …e afforded an opportunity to claim damages, if any, by appropriate action before the trial court. Damages and attorney fees are recoverable where an injunction is wrongfully entered. See Section 60.07, Florida Statutes, F.S.A.; Nicholas v. Willmott, 175 So. 2d 592 (Fla.App.1965); National Surety Co. v. Willys-Overland, Inc., 103 Fla. 738, 138 So. 24 (1931). Accordingly, our order on mandate of July 31, 1973, is amended hereby and the writ of prohibition initially prayed for by petitioner is granted restraini…

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