CIVIL PROCEDURE - PRELIMINARY INJUNCTION - SOUTHERN HOMES, AL, INC. V. BERMUDA LAKES, LLC
In Southern Homes, AL, Inc. v. Bermuda Lakes, LLC, [Ms. 1080270, August 27, 2010] ___So.3d___(Ala. 2010), the Supreme Court of Alabama held that a Circuit Court had exceeded its discretion by entering a preliminary injunction against the defendant when the defendant had not been provided fair notice of the preliminary injunction hearing. The defendant was provided with less than two hours notice of the hearing. The defendant's counsel was able to attend the hearing by telephone, but was unable to adequately prepare or file any written motions in opposition to the plaintiff's motion. The defendant appealed from the preliminary injunction, arguing that the insufficient notice violated Rule 65(a)(1), Ala.R.Civ.P. The Supreme Court of Alabama agreed and reversed and remanded the case to the Circuit Court.