From Casetext: Smarter Legal Research

SILVER v. LOLA INVESTMENTS, INC

District Court of Appeal of Florida, Fourth District
Apr 20, 1992
595 So. 2d 1048 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-0572.

March 11, 1992. Rehearing Denied April 20, 1992.

Appeal of a non-final order from the Circuit Court for Palm Beach County; James Carlisle, Judge.

Barry M. Silver, pro se.

Lynne K. Hennessey, Boca Raton, for appellee.


AFFIRMED.

HERSEY and STONE, JJ., concur.

WARNER, J., dissents with opinion.


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).


Summaries of

SILVER v. LOLA INVESTMENTS, INC

District Court of Appeal of Florida, Fourth District
Apr 20, 1992
595 So. 2d 1048 (Fla. Dist. Ct. App. 1992)
Case details for

SILVER v. LOLA INVESTMENTS, INC

Case Details

Full title:BARRY M. SILVER, APPELLANT, v. LOLA INVESTMENTS, INC., A FLORIDA…

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 20, 1992

Citations

595 So. 2d 1048 (Fla. Dist. Ct. App. 1992)