Wednesday, May 27, 2009

Fourth District Affirms Holding that Three Days Notice Sufficient for Entry of Temporary Injunction

In Lamour v. Deer Run Property Owners Association, Inc. (4D08-3960), the Fourth District affirmed the trial court's entry of a temporary injunction. The issue related to notice of the hearing on the temporary injunction and the Fourth District affirmed because notice was sent to counsel for the defendant with sufficient time to prepare for the hearing.

Notice of the hearing on the temporary injunction was faxed to counsel for the defendant on a Friday and the hearing was held on the following Monday. The attorney was apparently on a ski trip, however, had not filed a notice of unavailability. [The court specifically noted that filing a notice of unavailability may not have solved the issue].

The fax was received at 9:23 am and, therefore, delivery was complete on that date. Giving three days notice, albeit a weekend, was sufficient notice for the entry of a temporary injunction.

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