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Harp Group, Inc. v. Leins

District Court of Appeal of Florida, Third District
Dec 13, 2006
946 So. 2d 571 (Fla. Dist. Ct. App. 2006)

Opinion

No. 3D06-2242.

December 13, 2006.

Appeal from Circuit Court, Miami-Dade County, Gisela Cardonne Ely, J.

DLA Piper U.S. LLP and Ronald S. Holliday and S. Douglas Knox, Tampa and James R. Nelson, Dallas, TX, and Jennifer A. Lloyd, Austin, TX, for appellant.

Holland Knight LLP and Wilfredo A. Rodriguez and Martha R. Mora and Frances F. Guasch, Miami, for appellee.

Before RAMIREZ and LAGOA, JJ., and SCHWARTZ, Senior Judge.


The appellee's motion to dissolve a preliminary injunction below was granted without an evidentiary hearing on the ground that the court lacked "jurisdiction." This was clearly erroneous since the court possessed both subject matter jurisdiction of a proceeding for injunction, see Sirgany Int'l, Inc. v. Miami-Dade County, 887 So.2d 381, 383 (Fla. 3d DCA 2004), and personal jurisdiction over the defendant-appellee through personal service in Florida. The order on appeal is therefore reversed and the preliminary injunction reinstated forthwith pending a full hearing on the merits of the motion to dissolve the injunction.

Reversed.


Summaries of

Harp Group, Inc. v. Leins

District Court of Appeal of Florida, Third District
Dec 13, 2006
946 So. 2d 571 (Fla. Dist. Ct. App. 2006)
Case details for

Harp Group, Inc. v. Leins

Case Details

Full title:THE HARP GROUP, INC., Appellant, v. Helmut W. LEINS, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Dec 13, 2006

Citations

946 So. 2d 571 (Fla. Dist. Ct. App. 2006)