BITUMINOUS CASUALTY CORPORATION, AN ILLINOIS CORPORATION, ET AL.,
v.
CARRIE NELSON WILLIAMS, ET AL.

Fla. | 1942-12-08
BROWN, C. J., WHITFIELD, BUFORD, and ADAMS, JJ., concur.
152 Fla. 53 Florida Supreme Court (1942)
Also reported at: 10 So. 2d 714

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Synopsis

The Florida Supreme Court denied certiorari, affirming interlocutory orders that denied a motion to dismiss a bill of complaint and a motion to dissolve an injunction granted without notice or bond. The court found the bill of complaint had equity and the injunction was necessary to preserve complainant's rights.


Holding

The Florida Supreme Court held that the bill of complaint possessed equity and that the injunction was reasonably necessary to preserve the complainant's rights, justifying its issuance without notice. The court also found no reversible error in granting the injunction without bond due to the circumstances.


Key Quotes

“We, after consideration of the record in the light of briefs and oral argument, reach conclusion that the bill of complaint is not entirely without equity.”

Establishes the court's finding that the initial complaint had legal merit.

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Facts & Procedural History

The petitioners sought certiorari to review two interlocutory orders from the lower court: one denying a motion to dismiss the bill of complaint, and …

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Opinion of the Court
PER CURIAM:

PER CURIAM:

This case is before us on petition for certiorari to review interlocutory orders under rule 34.

The orders complained of are, (1) order denying motion to dismiss bill of complaint; and (2) order denying motion to dissolve injunction, which injunction was granted without notice and without bond.

We, after consideration of the record in the light of briefs and oral argument, reach conclusion that the bill of complaint is not entirely without equity. We also reach the conclusion that to preserve the rights of the complainant, it reasonably appeared necessary to the chancellor to grant the injunction without notice and that, because of the circumstances as shown by the record, there was no reversible error in granting the injunction without bond.

It, therefore, follows that certiorari must be, and is, denied.

So ordered.

BROWN, C. J., WHITFIELD, BUFORD, and ADAMS, JJ., concur.


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