Supreme Court of Florida, 1953

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

Colonial Acceptance, Inc. v. State ex rel. Ervin
Supreme Court of Florida · Decided December 11, 1953 · Drew, Mathews, Roberts, Thomas
68 So. 2d 588; 1953 Fla. LEXIS 1779 (Southern Reporter, Second Series)

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.

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