Builders Supply Co. v. Acton

Citations

• 56 Fla. 756

Syllabus

<p>i. When an application is made to the court for a temporary injunction or restraining order, without notice to the defendant, the allegations of the bill should be even more carefully scanned and considered than when the defendant has been served with notice and has the opportunity of resisting the application. Before granting a temporary injunction or restraining order, without notice, the court should be satisfied that a clear case therefor is made by the bill, and also that it has clearly been made to appear that it is a case of urgent necessity and one in which irreparable mischief or injury will be produced, if the aid of the court is denied.</p> <p>2. If it is plainly apparent that the bill is without equity, an injunction should not Ire granted in the first instance, but, if granted, should be dissolved at the earliest opportunity by the court and the bill ordered dismissed.</p> <p>3. Both the granting and continuing of injunctions rest largely within the sound judicial discretion of the court, to be governed largely by the facts and circumstances of each particular case, and an abuse of such discretion must be made to appear to an appellate court to warrant it in disturbing such orders.</p> <p>4. Where a temporary injunction has been granted by a Court Commissioner, without notice to.the defendant, and the same is dissolved by the court, after argument by the respective council, and an appeal is taken from such interlocutory order, it is incumbent upon the rppellant to make it clearly appear to the appellate court that there has been an abuse of judicial discretion, every presumption being in favor of the correctness of the ruling of the court below.</p> <p>5. Where the only relief sought by a bill in chancery is the restraining the further prosecution of an action instituted in the county judge’s court for the removal of complainant from a certain building and the discovery of certain matters from the defendants thereto, there being no general prayer, to