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Berry v. Morgan Adhesives Company

District Court of Appeal of Florida, Third District
May 30, 1972
262 So. 2d 691 (Fla. Dist. Ct. App. 1972)

Opinion

No. 71-1178.

May 30, 1972.

Appeal from the Circuit Court, Dade County, Milton A. Friedman, J.

Ralph H. Bearden, Jr., Philip Cook, Miami, for appellant.

Daniel A. Kavanaugh, Miami, for appellee.

Before BARKDULL, C.J., and CHARLES CARROLL, and HENDRY, JJ.


This is an interlocutory appeal from an order enjoining appellant, Albert J. Berry, from disposing of certain items of personal property alleged to belong to a defendant-judgment debtor of the plaintiff-appellee.

It appears that the order complained of was entered by the Circuit Court for Dade County, ex parte without notice to appellant, and without a complaint or bond.

Appellant seeks reversal of the injunctive order on the principal ground that the requirements of Rule 1.610 F.R.C.P., 31 F.S.A. were not followed. We find merit in this contention and reverse. Hoffman v. White, Fla.App., 1970, 235 So.2d 43.

Reversed.


Summaries of

Berry v. Morgan Adhesives Company

District Court of Appeal of Florida, Third District
May 30, 1972
262 So. 2d 691 (Fla. Dist. Ct. App. 1972)
Case details for

Berry v. Morgan Adhesives Company

Case Details

Full title:ALBERT J. BERRY, APPELLANT, v. MORGAN ADHESIVES COMPANY, INC., AN OHIO…

Court:District Court of Appeal of Florida, Third District

Date published: May 30, 1972

Citations

262 So. 2d 691 (Fla. Dist. Ct. App. 1972)

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