Wednesday, June 6, 2012

Fourth District Court of Appeal Reverses Injunction

The Fourth District Court of Appeal today reversed a final injunction in Gayoso v. Gayoso, a case in which the Appellant had filed a motion after entry of a final judgment of injunction claiming ineffective service and supported with two affidavits.  The lower court denied relief from the judgment without holding an evidentiary hearing.  The Fourth District, citing Southeastern Termite & Pest v. Ones, 792 So. 2d 1266 (Fla. 4th DCA 2001), ruled that the Appellant had been entitled to an evidentiary hearing and a chance to prove by clear and convincing evidence that service was in fact ineffective.

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