GARY FRANKEL, APPELLANT,
v.
KATHERINE THIBAULT, APPELLEE
GARY FRANKEL, APPELLANT,
KATHERINE THIBAULT, APPELLEE
668 So. 2d 214
Florida District Court of Appeal, Fourth District (1996)
Negative Treatment
Cited by 3 cases
Opinion of the Court
GUNTHER, Chief Judge.
Appellant, intervenor below, appeals the issuance of a temporary injunction and appeals a non-final order denying his motion to dissolve the same. We affirm in all respects except we reverse and remand to allow the trial court an opportunity to make an express finding as to whether the movant has an adequate remedy at law. See City of Jacksonville v. Naegele Outdoor Advertising Co., 634 So. 2d 750 (Fla. 1st DCA 1994), approved, 659 So. 2d 1046 (Fla.1995).
AFFIRMED IN PART, REVERSED IN PART AND REMANDED.
STONE and WARNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kipp v. State, 703 So. 2d 1121 (Fla. 2d DCA 1997)…PER CURIAM. Pursuant to the mandate of the Supreme Court of Florida issued in this cause on September 11, 1997, the opinion of this court filed January 19, 1996, Kipp v. State, 668 So. 2d 214 (Fla. 2d DCA 1996), is withdrawn. In accord with the Supreme Court’s opinion, we have reviewed the record and determined that Kipp’s invocation of his right to remain silent was equivocal. Thus, under State v. Owen, 696 So. 2d 715 (Fla.1997), the po…
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State v. Kizzy Y. Moya, 684 So. 2d 279 (Fla. 5th DCA 1996)…ome attempt to clarify her position, but I’m not sure that the position taken in the light of all these circumstances, isn’t still a little bit equivocal.” I would affirm. See Deck v. State, 653 So. 2d 435 (Fla. 5th DCA 1995); accord Kipp v. State, 668 So. 2d 214 (Fla. 2d DCA), rev. granted, 675 So. 2d 121 (Fla.1996).…
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State v. Kipp, 698 So. 2d 1204 (Fla. 1997)…PER CURIAM. We review Kipp v. State, 668 So. 2d 214 (Fla. 2d DCA 1996), which expressly and directly conflicts with the decision in State v. Owen, 696 So. 2d 715 (Fla.1997). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. In Owen, we held that police in Florida need not ask clarifying questions…
Authorities Cited
- City OF Jacksonville v. Naegele Outdoor Advertising Co., 634 So. 2d 750 (Fla. 1st DCA 1994)
- Naegele Outdoor Adv. Co. v. Jacksonville, 659 So. 2d 1046 (Fla. 1995)