Surko Enterprises, Inc. v. Borg-Warner Acceptance Corp.

OPINION

O’CONNOR, Justice.

This is an appeal from the granting of a temporary injunction. Surko Enterprises, Inc. [Surko] sold appliances and furniture to the public on a rent-to-own basis. Borg-Warner Acceptance Corporation [Borg-Warner] financed Surko’s inventory and had a security interest in Surko’s inventory, accounts receivable, contract rights, and proceeds.

Surko defaulted in payment to Borg-Warner. On October 21, 1987, Borg-Warner filed suit against Surko and applied for ancillary relief. Borg-Warner passed a show cause hearing for a temporary injunction, set on November 2, 1987, to…