Supreme Court of Alabama

Southern Homes, Al, Inc. v. Bermuda Lakes, LLC.

August 27, 20102010 Ala. LEXIS 150

Summary

The court held that the circuit court violated Rule 65(a)(1) and procedural due process by issuing a preliminary injunction after giving Southern Homes less than two hours' notice of the hearing. That notice did not provide a fair opportunity to prepare and present opposition, so the circuit court exceeded its discretion. The preliminary injunction was reversed and the case remanded.