Matrix Systems, Inc. v. Odebrecht Contractors of Florida, Inc.

Matrix Systems, Inc. appeals from an order entering a permanent injunction compelling performance of a purchase order. For the reasons that follow, we reverse and hold that the injunction was wrongfully entered.

At the hearing on the contractor’s complaint for entry of a mandatory permanent injunction, over Matrix counsel’s repeated objections, the trial court refused to allow the taking of sworn testimony and permitted only proffers from counsel. “In the absence of a clear stipulation of counsel, argument of counsel alone does not constitute evidence from which the trial court can determine…