VIOLET FISHER, A SINGLE WOMAN AND COLLEEN PHILLIPS, A SINGLE WOMAN,
v.
LULA RANDO, A MARRIED WOMAN

Fla. | 1944-05-05
BUFORD, C. J., BROWN, THOMAS and SEBRING, JJ., concur.
154 Fla. 408 Florida Supreme Court (1944)
Also reported at: 17 So. 2d 789

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Synopsis

The Florida Supreme Court reversed a circuit court's dismissal of an amended bill seeking an injunction. The court found that the appellants were entitled to injunctive relief to protect their possession of the property until their right to possession could be determined by the county judge's court.


Holding

Yes, the appellants were entitled to injunctive relief to protect their possession of the property until their right to possession could be determined by the county judge's court.


Key Quotes

“While the allegations of fact are not as clear and exact as they might be, it appears that the appellants were entitled to injunctive relief to protect their possession of the property involved until such time as their right to possession, vel non, might be determined by the judgment of the county judge's court.”

This quote explains the court's reasoning for reversing the dismissal, finding that the appellants' allegations, despite some lack of clarity, supported their claim for injunctive relief.

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Facts & Procedural History

Appellants filed an amended bill seeking an injunction to protect their possession of certain property and their business conducted therein. The circu…

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Opinion of the Court
PER CURIAM:

PER CURIAM:

This is an appeal from a decree of the circuit court granting a motion to dismiss an amended bill. The bill, among other things, sought an injunction. While the allegations of fact are not as clear and exact as they might be, it appears that the appellants were entitled to injunctive relief to protect their possession of the property involved until such time as their right to possession, vel non, might be determined by *409the judgment of the county judge’s court. It is not necessary for us to determine here whether or not appellants are entitled to maintain an action for damages in a proper court against appellee for interference with appellants’ possession of, and the conduct of their business in, the premises involved.

The decree is therefore reversed with directions for further proceedings consistent with the above ruling.

Reversed and remanded with directions.

BUFORD, C. J., BROWN, THOMAS and SEBRING, JJ., concur.


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