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Baboun v. Royal Atlas Corp.

District Court of Appeal of Florida, Third District
Dec 21, 1973
287 So. 2d 407 (Fla. Dist. Ct. App. 1973)

Opinion

No. 73-947.

December 21, 1973.

Appeal from the Circuit Court, Dade County, General Jurisdiction Division, Francis J. Christie, J.

Jones, Blitstein Aschenbrenner, Miami, and Allen L. Jacobi, Miami Beach, for appellants.

High, Stack, Davis Lazenby and Norman S. Segall, Miami, for appellees.

Before PEARSON, HENDRY and HAVERFIELD, JJ.


This interlocutory appeal taken by defendants is from the entry of an order of the circuit court, after evidentiary hearing, enjoining defendants from withdrawing, transferring or otherwise taking any action with respect to certain stocks or accounts at Pan American Bank or Walston Company, until further order of the court, and requiring plaintiffs to post bond in the sum of $25,000.00.

Appellants urge reversal on the grounds that (1) injunction was an improper remedy; (2) the evidence presented at the hearing failed to support plaintiffs' right to an injunction, and that the trial judge abused his discretion in setting bond at only $25,000.00.

We have considered the points on appeal in the light of the record, briefs and arguments of counsel and have concluded that no reversible error has been demonstrated.

The granting or dismissing of injunctions is lodged in the sound judicial discretion of the courts to be governed by the nature and circumstances of each case. Such orders will not be disturbed on review unless they are contrary to some rule of equity or the result of improvident exercise of judicial power. For the reasons stated the order appealed is affirmed.

Affirmed.


Summaries of

Baboun v. Royal Atlas Corp.

District Court of Appeal of Florida, Third District
Dec 21, 1973
287 So. 2d 407 (Fla. Dist. Ct. App. 1973)
Case details for

Baboun v. Royal Atlas Corp.

Case Details

Full title:RUDOLPH BABOUN ET AL., APPELLANTS, v. ROYAL ATLAS CORP., A NEW YORK…

Court:District Court of Appeal of Florida, Third District

Date published: Dec 21, 1973

Citations

287 So. 2d 407 (Fla. Dist. Ct. App. 1973)

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