POLLO OPERATION INC., FORMERLY KNOWN AS EL POLLO, BOYNTON, INC., APPELLANT,
v.
R.C. COBB, INC., A FOREIGN CORPORATION, APPELLEE
POLLO OPERATION INC., FORMERLY KNOWN AS EL POLLO, BOYNTON, INC., APPELLANT,
R.C. COBB, INC., A FOREIGN CORPORATION, APPELLEE
635 So. 2d 1048
Florida District Court of Appeal, Fourth District (1994)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The order granting a temporary injunction is reversed. Although counsel for appellee express mailed notice of the hearing to appellant so that it was received the day before the hearing, the trial court made a specific finding that notice was not sufficient (reasonable). Despite the insufficient notice, at the hearing evidence other than an affidavit or verified pleading was allowed contrary to Florida Rule of Civil Procedure 1.610(a)(2):
No evidence other than the affidavit or verified pleading shall be used to support the application for a temporary injunction unless the adverse party appears at the hearing or has received reasonable notice of the hearing.
Reversed for further proceedings.
DELL, C.J., and WARNER and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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VSB, Ltd. v. R.C. Cobb, Inc., 637 So. 2d 381 (Fla. 4th DCA 1994)…PER CURIAM. Because of this court’s reversal of the trial court’s injunction in Polio Operations, Inc. v. R.C. Cobb, Inc., 635 So. 2d 1048 (Fla. 4th DCA 1994), we are compelled to reverse the injunction as to YSB, Ltd. as well. Polio Operations was not only an indispensable party to the litigation — it was indispensable that Polio have notice and an opportunity to be heard at the injun…