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EVERHART v. EVERHART & CO., INC.

No. 2981.

139 So.2d 747 (1962)

Wade H. EVERHART, Sr., D/B/a Wade H. Everhart Co., Appellant, v. EVERHART & CO., INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida. Second District.

April 4, 1962.

Attorney(s) appearing for the Case

Coleman, Leonard & Morse, Fort Lauderdale, for appellant.

Davis, Kirsch & Spellacy, Fort Lauderdale, for appellee.

SMITH, Judge.

Upon application of the plaintiff, appellee here, the defendant, Wade H. Everhart, Sr. was temporarily enjoined and restrained from using and trading on the name of Wade H. Everhart Co. until the final hearing of this cause. That defendant brings his interlocutory appeal.

Florida Appellate Rule 4.2, 31 F.S.A. establishes the procedure for interlocutory appeals and, Rule 4.2, subd. d, as amended on March 3, 1961, provides that: "No record on appeal...

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