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Cunningham v. Dozer

District Court of Appeal of Florida, Third District
Jan 13, 1964
159 So. 2d 105 (Fla. Dist. Ct. App. 1964)

Opinion

No. 63-677.

December 23, 1963. Rehearing Denied January 13, 1964.

Appeal from the Circuit Court, Dade County, James W. Kehoe, J.

Pruitt Pruitt, Miami, for appellants.

Anderson Nadeau, Albert L. Weintraub, Miami, for appellees.

Before BARKDULL, C.J., and CARROLL and HENDRY, JJ.


By this interlocutory appeal, the appellants seek review of an order dissolving a temporary injunction. The appellants, as plaintiffs, secured a temporary injunction upon an emergency hearing enjoining recall proceedings against the appellants as municipal officers. After the original complaint had been amended and responsive pleadings had been filed, a motion to dissolve the temporary injunction was presented to the chancellor who, after hearing argument of counsel and having reviewed certain testimony as to whether or not the affidavit [upon which the recall election was based] was properly sworn to, entered an order dissolving the original injunction restraining the recall proceedings.

The granting or dissolving of temporary injunctions is a matter peculiarly within the discretion of a chancellor, and the chancellor's action in this regard will not be interfered with by appellate courts unless there is a clear showing that the chancellor abused his discretion. See: Albury v. Plumbers Local Union No. 519, A.F. of L.-C.I.O., Fla.App. 1958, 100 So.2d 647; North Dade Water Co. v. Adken Land Co., Fla.App. 1959, 114 So.2d 347; Lane v. Clein, Fla.App. 1962, 137 So.2d 15. It is not the prerogative of appellate courts to substitute their judgment for that of a chancellor. It is for the appellate court to determine whether or not, under the circumstances presented by the record on appeal, the chancellor committed an abuse of discretion in dissolving the injunction. Following a careful review of the record on appeal, briefs and oral argument of counsel, the appellant has failed to carry the burden of demonstrating that the chancellor abused his discretion and, therefore, the order of dissolution is hereby affirmed.

Affirmed.


Summaries of

Cunningham v. Dozer

District Court of Appeal of Florida, Third District
Jan 13, 1964
159 So. 2d 105 (Fla. Dist. Ct. App. 1964)
Case details for

Cunningham v. Dozer

Case Details

Full title:DALE E. CUNNINGHAM, DANTE DINO AND EDWARD HINES, APPELLANTS, v. HESTER…

Court:District Court of Appeal of Florida, Third District

Date published: Jan 13, 1964

Citations

159 So. 2d 105 (Fla. Dist. Ct. App. 1964)

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