Sunday, March 15, 2009

Injunction Reversed for Improper Notice

In a proceeding supplementary case, the Third DCA in Wavestone Props., LLC v. Fortune Dev. Sales Corp., 978 So.2d 830 (Fla. 3d DCA 2008) "reverse[d] the temporary injunction against 17315, and the order impressing the judgment lien upon the property owned by 17315. We do so because the request for this relief had not been noticed for hearing, and there was a timely objection on this ground." The court also held that it was improper to enter an injunction when the relief was not requested in a motion.

As to piercing the corporate veil, which was reversed for the procedural issues discussed above, the court gave no opinion other than to state that any attempt to pierce the corporate veil "must satisfy the standards of Dania Jai-Alai Palace, Inc. v. Sykes, 450 So. 2d 1114 (Fla. 1984)."

The decision is below:

Wavestone Props., LLC v. Fortune Dev. Sales Corp., 978 So.2d 830 (Fla. 3d DCA 2008)

The oral argument that took place in this appeal is below:

Argument 
video

Response
video

Rebuttal
video

*Disclaimer: Jeffrey Kuntz and/or GrayRobinson, P.A. were involved in the above-referenced action.

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