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USA PRESCRIPTION, INC. v. CELESTIAL GROUP, INC.

No. 4D01-4648.

817 So.2d 1005 (2002)

USA PRESCRIPTION, INC., a Florida corporation, Appellant, v. CELESTIAL GROUP, INC., a foreign corporation, and Jude Lacour, Appellees.

District Court of Appeal of Florida, Fourth District.

May 29, 2002.

Attorney(s) appearing for the Case

Fred O. Goldberg and Leonard Samuels of Berger Singerman, Miami and Ft. Lauderdale, for appellant.

Lawrence D. Graham and Paul Richard Brown of Black Lowe & Graham, Seattle, Washington, for appellees.

PER CURIAM.

The trial court summarily denied USA Prescription, Inc.'s motion for temporary injunction to prevent the appellees from competing with it. The decision was made at a hearing for which notice was given for an entirely different motion filed by the appellant.

The appellant should not have been deprived of the opportunity to offer evidence at a properly noticed hearing. See Kedac, Inc. v. Export Dev...

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