06-2242 HARP V. LEINS

State: Florida

Court: Florida Third District Court

Docket No: 06-2242 HARP V. LEINS

Case Date: 12/13/2006

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2006

THE HARP GROUP, INC., Appellant, vs. HELMUT W. LEINS, Appellee.

** ** ** ** ** CASE NO. 3D06-2242 LOWER TRIBUNAL NO. 06-15804

Opinion filed December 13, 2006. An Appeal from a Non-Final Order of the Circuit Court for Miami-Dade County, Gisela Cardonne Ely, Judge. DLA Piper U.S. LLP and Ronald S. Holliday and S. Douglas Knox (Tampa) and James R. Nelson, (Dallas, Texas) and Jennifer A. Lloyd (Austin, Texas), for appellant. Holland & Knight LLP and Wilfredo A. Rodriguez and Martha R. Mora and Frances F. Guasch, for appellee.

Before RAMIREZ and LAGOA, JJ., and SCHWARTZ, Senior Judge.

PER CURIAM.

The appellee's motion to dissolve a preliminary injunction below was granted without an evidentiary hearing on the ground that the court since lacked the "jurisdiction." possessed This both was clearly matter

erroneous

court

subject

jurisdiction of a proceeding for injunction, see Sirgany Int'l, Inc. v. Miami-Dade County, 887 So. 2d 381, 383 (Fla. 3d DCA 2004), and personal jurisdiction over the defendant-appellee

through personal service in Florida. therefore reversed and the

The order on appeal is injunction reinstated

preliminary

forthwith pending a full hearing on the merits of the motion to dissolve the injunction. Reversed.

2

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