Hartman v. McFadden

PREWITT, Chief Judge.

Plaintiff filed a petition seeking damages and an injunction. Plaintiff received a preliminary injunction, having deposited cash in lieu of bond as allowed by Rule 92.02(e). Thereafter, defendant filed a motion to dismiss which was sustained, the petition dismissed and the preliminary injunction dissolved.

Defendant then filed a motion seeking damages resulting from the injunction. Plaintiff sought a jury trial on the amount of damages. The trial court found “that the instant case is an equitable one and the request for a jury trial is overruled.” The trial court then…