Tower Credit Corp. v. State by Dickinson
| Decision Date | 01 February 1966 |
| Docket Number | No. 485,485 |
| Parties | TOWER CREDIT CORPORATION, Consumer Credit Corporation, Indian River Loan Company, Financial Corporation of Florida, Central Factors, Inc., R. C. Fernon, Dorothy Fernon and Fred Koepp, Appellants v. STATE of Florida, by Fred O. DICKINSON, Jr., Comptroller, Earl Faircloth, Attorney General, and Broward Williams, State Treasurer, as and constituting the Florida Securities Commission, Appellee. |
| Court | Florida District Court of Appeals |
Thomas N. Holloway and Miller Walton, of Walton, Lantaff, Schroeder, Atkins, Carson & Wahl, Miami, and Robert J. Randolph, Stuart, for appellants.
Earl Faircloth, Atty. Gen., Tallahassee, and Milton J. Wallace, Asst. Atty. Gen., Miami, for appellee Florida Securities Commission.
The defendants appeal from an interlocutory order in chancery extending the scope of a prior temporary restraining order issued upon the complaint of the Florida Securities Commission. The complaint alleged acts and practices in violation of the Florida 'Blue Sky Law', F.S.A. ch. 517, sworn to by an assistant attorney general and supported by an affidavit of a field investigator for the commission. The court granted the commission's motion for temporary restraining order and the appointment of a receiver without notice, and two days later the order was amended by changing the receiver. Three days later on a motion of the commission, the court permitted certain supplements to the complaint, including the addition of parties-defendants and an appointment of a receiver for an additional corporate defendant. Certain of the defendants filed a notice of appearance by their attorneys, and then the commission filed its motion for an extension of the temporary restraining order previously entered. The motion was sworn to and supported by affidavits of the receiver reciting certain facts occurring subsequent to the initial restraining order. The court granted the motion and entered an order extending the scope of the prior restraining order to include enjoining and restraining the defendants from calling or holding a corporate directors' meeting and from filing any new suits in any other state or federal court, except appeals, without obtaining specific permission from the court . It is from this order modifying and extending the scope of the prior restraining order that the defendants appeal.
Defendants did not move the dissolve the injunction but short-circuited the trial court procedure by this appeal. In the absence of a motion to dissolve, review of a temporary restraining order has been denied. Greater Miami Development Corporation v. Pender, 1940, 142 Fla. 390, 194 So. 867. We strongly recommend filing a motion to dissolve and a hearing where the facts may be fully developed and an order entered. In the...
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Williams v. Ferrentino
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TD Bank, N.A. v. Graubard, 5D14–1505.
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