COLONIAL ACCEPTANCE, INCORPORATED, A FLORIDA CORPORATION, AND CAUSEWAY LOAN COMPANY, INCORPORATED, A FLORIDA CORPORATION, PETITIONERS,
v.
STATE OF FLORIDA, EX REL. RICHARD W. ERVIN, AS ATTORNEY GENERAL, AND C. M. GAY, AS COMPTROLLER, RESPONDENT
COLONIAL ACCEPTANCE, INCORPORATED, A FLORIDA CORPORATION, AND CAUSEWAY LOAN COMPANY, INCORPORATED, A FLORIDA CORPORATION, PETITIONERS,
STATE OF FLORIDA, EX REL. RICHARD W. ERVIN, AS ATTORNEY GENERAL, AND C. M. GAY, AS COMPTROLLER, RESPONDENT
68 So. 2d 588
Florida Supreme Court (1953)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
It appearing that the allegations of the bill of complaint and affidavit in support thereof fail to meet the substantive and procedural prerequisites necessary for granting a temporary injunction or appointing a re'ceiver, without .notice, certiorari is granted. Equity Rule 73, 31 F.S.A.; Dixie Music Co., Inc., v. Pike, 135 Fla. 671, 185 So. 441.
.Therefore, the order denying the motion to dismiss the bill and all orders based on the bill are hereby quashed with directions to.dismiss the cause.
ROBERTS, C. J., and THOMAS, MATHEWS and DREW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State of Fla. ex rel. Richard W. Ervin v. Colonial Acceptance, 80 So. 2d 681 (Fla. 1955)…directing the court below to dismiss the complaint and quash all orders predicated thereon. The court complied with said order but retained jurisdiction to tax costs including receiver’s fee. Colonial Acceptance, Inc., v. State ex rel. Ervin, Fla., 68 So. 2d 588. On motion of the receiver the lower court entered judgment for costs and receiver’s fee but retained jurisdiction to determine whether said fee should be taxed against the property subject to receivership, against the plaintiff or the defendants.…
Authorities Cited
- Dixie Music Co., Inc. v. Pike, 135 Fla. 671 (Fla. 1938)