Florida District Courts of Appeal, 1992

Silver v. Lola Investments, Inc.

Silver v. Lola Investments, Inc.
Florida District Courts of Appeal · Decided March 11, 1992 · Hersey, Stone, Warner
595 So. 2d 1048; 1992 Fla. App. LEXIS 2661; 1992 WL 43277 (Southern Reporter, Second Series)

Silver v. Lola Investments, Inc.

Opinion of the Court

PER CURIAM.

AFFIRMED.

HERSEY and STONE, JJ., concur. WARNER, J., dissents with opinion.

Dissenting Opinion

WARNER, Judge,

dissenting.

I would reverse the entry of the temporary injunction as appellee neither alleged nor proved, nor did the court find, that appellee had a clear legal right to the relief requested. There is a substantial question as to whether or not the contractual right sought to be asserted is barred by the statute of frauds, and the existence of such a defense appears on the face of appellee’s verified complaint. Furthermore, at the motion to dissolve filed by appellant, the court actually modified the injunction at the request of appellee, all without a proper motion or admissible evidence presented. See Fla.R.Civ.P. 1.610(d).

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