EMPIRE PONTIAC CENTER, INC., A FLORIDA CORPORATION, AND WEST TOYOTA, INC., A FLORIDA CORPORATION, APPELLANTS,
v.
GENERAL MOTORS ACCEPTANCE CORPORATION, A NEW YORK CORPORATION, APPELLEE
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DOWNEY, Judge.
This is an interlocutory appeal from an order granting a temporary injunction against appellants restraining them from disbursing any of the proceeds from the sale of any of their assets pending the outcome of this litigation in the trial court.
Appellants strenuously contend that appellee was not entitled to a temporary injunction and that they were prepared to adduce proof of their contentions. However, inadequate time was allowed for the hearing so that the trial court was unable to and did not hear any of appellants’ witnesses.
Our review of the record presented leads us to conclude that the entry of the temporary injunction was premature.
Accordingly, the order appealed from is reversed and the cause is remanded with directions to allow appellants an opportunity to adduce proof in opposition to appel-lee’s application for temporary injunction.
Reversed and remanded with directions.
WALDEN, C. J., and McCAULEY, JAMES A., Associate Judge, concur.
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Pecora v. Pecora, 697 So. 2d 1267 (Fla. 5th DCA 1997)…v. Smith, 486 So. 2d 89, 90 n. 3 (Fla. 5th DCA 1986); Lingelbach’s Bavarian Restaurants, Inc. v. Del Bello, 467 So. 2d 476, 479 (Fla. 2d DCA), review denied, 476 So. 2d 674 (Fla.1985); Empire Pontiac Center, Inc. v. General Motors Acceptance Corp., 322 So. 2d 927, 927 (Fla. 4th DCA 1975). Although we conclude that the telephone call did not satisfy the notice elements of the injunction rule, thereby requiring the court to follow the special requirements of ex parte injunctions provided under Rule 1.610, we n…
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Mike Smith Pontiac GMC, Inc. v. Smith, 486 So. 2d 89 (Fla. 5th DCA 1986)…This alone constitutes a due process violation requiring reversal. See Sun Tech Inc. of South Florida v. Fortune Personnel Agency of Fort Lauderdale, 412 So. 2d 962 (Fla. 4th DCA 1982); Empire Pontiac Center, Inc. v. General Motors Acceptance Corp., 322 So. 2d 927 (Fla. 4th DCA 1975).…
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David H. Lebioda, M.D. v. The Gastroenterology Grp., 544 So. 2d 242 (Fla. 5th DCA 1989)…efense denied him due process of law. See generally Florida State Society of Homeopathic Physicians v. Florida Department of Professional Regulation, 487 So. 2d 374 (Fla. 5th DCA 1986); Empire Pontiac Center v. General Motors Acceptance Corporation, 322 So. 2d 927 (Fla. 4th DCA 1975). Accordingly we reverse and remand for further proceedings. Because of resolution of this issue, we do not address the second point raised by Dr. Lebioda on appeal. REVERSED and REMANDED. ORFINGER and COWART, JJ., concur.…
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