GEORGE NICHOLAS, APPELLANT,
v.
P. G. WILLMOTT, APPELLEE
GEORGE NICHOLAS, APPELLANT,
P. G. WILLMOTT, APPELLEE
175 So. 2d 592
Florida District Court of Appeal, Third District (1965)
Positive Treatment
Cited by 1 case
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Carpenters Dist. Council OF Jacksonville & Vicinity v. The Honorable Roger J. Waybright, 282 So. 2d 193 (Fla. 1st DCA 1973)…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…
Authorities Cited
- Nat'l Sur. Co. v. Willys-Overland, Inc., 103 Fla. 738 (Fla. 1931)
- Sewell v. Huffstetler, 83 Fla. 629 (Fla. 1922)