Clark v. Melson
| Citation | 82 Fla. 230,89 So. 495 |
| Court | Florida Supreme Court |
| Decision Date | 15 August 1921 |
| Parties | CLARK et al., Board of Com'rs of Duval County v. MELSON. |
Bill by S. J. Melson against Charles A. Clark and others constituting the Board of County Commissioners of Duval county. From an order granting a temporary injunction, the defendants appeal.
Affirmed.
Appeal from Circuit Court, Duval County; George Couper Gibbs, Judge.
J Turner Butler and L. S. Gaulden, both of Jacksonville, for appellants.
John T G. Crawford and Wm. K. Jackson, both of Jacksonville, for appellee.
This cause having heretofore been submitted to the court upon the transcript of the record of the order aforesaid, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the court being now advised of its judgment to be given in the premises, it seems to the court that there is no error in the said order. It is therefore considered, ordered, and adjudged by the court that the said order of the circuit court be, and the same is hereby, affirmed.
CONCURRING
This appeal is from an order of the circuit judge granting a temporary injunction in accordance with the prayer of the bill. Two questions are presented. The first relates to the parties defendant. Under it the contention is made that necessary parties are not made defendants. But this defect, if the contention is sound, may be corrected at any time before final decree in the court below. Camp Phosphate Co. v. Anderson, 48 Fla. 226, 37 So. 722, 111 Am. St. Rep. 77.
The second is upon the merits. The general doctrine is that whether a preliminary injunction shall be granted rests in the sound discretion of the trial court, and upon appeal an order granting or denying such an injunction will not be disturbed unless contrary to some rule of equity or the result of improvident exercise of judicial discretion. Meccano, Ltd., v. Wanamaker, 253 U.S. 136, 40 S.Ct 463, 64 L.Ed. 822. It is not apparent that the order appealed from is not in accord with this rule. On the contrary, there seems to be ample warrant for it in the allegations of the bill verified by affidavits of complainant and others. Bids for supplying materials for counties under the provisions of section 1486, Revised General...
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