Colonial Acceptance, Inc. v. State ex rel. Ervin

Supreme Court of Florida
Colonial Acceptance, Inc. v. State ex rel. Ervin, 68 So. 2d 588 (Fla. 1953)
1953 Fla. LEXIS 1779
Drew, Mathews, Roberts, Thomas

Colonial Acceptance, Inc. v. State ex rel. Ervin

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.

Reference

Full Case Name
COLONIAL ACCEPTANCE, Incorporated, a Florida corporation, and Causeway Loan Company, Incorporated, a Florida corporation v. STATE of Florida, ex rel. Richard W. ERVIN, as Attorney General, and C. M. Gay, as Comptroller
Cited By
1 case
Status
Published