Central Theatres, Inc. v. State ex rel. Braren

In dissenting I must briefly restate the procedural aspects of this case. Attached to the complaint was the verification of one of the relators, stating that the facts set forth in the complaint were true. Upon such a sworn complaint, the judge was empowered by Rule 3.19, Florida Rules of Civil) Procedure, 31 F.S.A.,3 to grant instanter without notice the restraining order effective until the hearing or until further order of the court. In the temporary restraining order thus issued, the cause was set for further hearing on the second day following entry of the order. The record of this…