STATE OF FLORIDA, APPELLANT,
v.
DAVID KING, A/K/A GILBERT KNOWLES, APPELLEE

Fla. 4th DCA | 1994-12-14
No. 94-1115
HERSEY, GUNTHER and WARNER, JJ., concur.
647 So. 2d 976 Florida District Court of Appeal, Fourth District (1994) Positive Treatment
Cited by 67 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Reversed on the authority of State v. Ross, 447 So. 2d 1380 (Fla. 4th DCA), review denied, 456 So. 2d 1182 (Fla.1984). Remanded for sentencing within the guidelines.

HERSEY, GUNTHER and WARNER, JJ., concur.


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  • Yardley v. Ina Marie Albu, 826 So. 2d 467 (Fla. 5th DCA 2002)
    …of the four criteria that must be established in order to issue the temporary injunction. See Mitts, Boyle & Assocs., Inc. v. Boyle Accounting Servs., Inc., 703 So. 2d 1218 (Fla. 5th DCA 1998); Snibbe; Richard v. Behavioral Healthcare Options, Inc., 647 So. 2d 976 (Fla. 2d DCA 1994). We also conclude that reversal is required because the trial court’s order does not maintain the last non-contested condition of the property. The primary purpose of entering a temporary injunction is to preserve the status quo…
  • Wolfgang Bellach v. Huggs OF Naples, Inc., 704 So. 2d 679 (Fla. 2d DCA 1997)
    …uirement nor can it comply by setting a nominal amount. Id. The trial court must set the bond after providing both parties with the opportunity to present evidence regarding the appropriate amount. See Richard v. Behavioral Healthcare Options, Inc., 647 So. 2d 976, 978 (Fla. 2d DCA 1994); Cushman & Wakefield, Inc. v. Cozart, 561 So. 2d 368, 371 (Fla. 2d DCA 1990). The injunction is also defective because the order fails to make specific findings regarding the likelihood of irreparable harm, unavailability of…
  • …unction. Moreover, on appeal, we will not reverse an order granting a temporary injunction unless it is found to be a clear abuse of discretion. See Wise v. Schmidek, 649 So. 2d 336 (Fla. 3d DCA 1995); Richard v. Behavioral Healthcare Options, Inc., 647 So. 2d 976 (Fla. 2d DCA 1994). We conclude that FDUTPA does have applicability to the challenged transactions, but that the Department did not meet its burden to establish a clear legal right to a temporary injunction. Accordingly, the lower court clearly abus…

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