PEARSON & MALUSO, M.D., P.A., ET AL., APPELLANTS,
v.
WILLIAM BOTT, ETC., ET AL., APPELLEES
PER CURIAM.
This is an appeal from a temporary injunction. We quash the injunction because it was entered without proper verified pleadings or sworn evidentiary support. Additionally, the trial judge failed to make sufficient factual determinations to support the injunction. See e.g., City of Miami v. Coll, 546 So. 2d 775 (Fla. 3d DCA 1989); United Steelworkers of America v. Seminole Asphalt Refining, Inc., 269 So. 2d 28 (Fla. 1st DCA 1972).
The order is quashed and this cause remanded. Should appellee submit a new, proper petition for injunctive relief the court can entertain and grant it, if it deems it appropriate.
ORDER QUASHED; REMANDED.
GOSHORN, C.J., and DAUKSCH and PETERSON, JJ., concur.
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Burdick v. State, 594 So. 2d 267 (Fla. 1992)…BARKETT, Justice. We review Burdick v. State, 584 So. 2d 1035, 1039 (Fla. 1st DCA 1991), in which the district court certified the following two questions of great public importance:1 [1.] Is a life sentence permissive or mandatory under the 1988 amendment to section 775.084(4)(a)l, Florida Statutes? [2.] Is…
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King v. State, 597 So. 2d 309 (Fla. 2d DCA 1992)…the use of the term “shall,” as it applies to the sentencing procedure set forth in subsections 775.084(4)(a)(l) and (b)(1), to be permissive rather than mandatory. We, therefore, align ourselves with Henry and are in conflict with Burdick v. State, 584 So. 2d 1035 (Fla. 1st DCA 1991). We recede from our previous opinions in Walsingham and Allen. It, therefore, appears that the thrust of the habitual offender statute has been redirected. Prior to the 1988 amendments, the trial judge was required to make findi…
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Gholston v. State, 589 So. 2d 307 (Fla. 1st DCA 1990)…oncur with the majority in its certification of the question, and in its holding that life felonies may not be enhanced under the habitual felony offender statute. I otherwise dissent for the same reasons expressed in my dissent in Burdick v. State, 584 So. 2d 1035 (Fla. 1st DCA 1991) (en banc).…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- City OF Miami v. Coll, 546 So. 2d 775 (Fla. 3d DCA 1989)
- United Steelworkers OF Am., AFL-CIO v. Seminole Asphalt Ref., Inc., 269 So. 2d 28 (Fla. 1st DCA 1972)