City brought nuisance-abatement action against owner of apartment complex that city wished to condemn and completely demolish and also against mortgagee. Only mortgagee appeared to defend the suit.
After a hearing following city’s motion for injunctive relief, the Circuit Court ordered the property completely demolished and ordered mortgagee to pay the demolition expenses. Mortgagee appealed.
The Supreme Court held that:
- Trial court’s order was permanent injunction;
- Trial court was required to follow the rule governing accelerated trials on the merits before entering the order; and
- Trial court exceeded its authority when it entered the order.