ALLSTAR BUILDERS CORPORATION, INC., D/B/A MODULAR ASSEMBLERS, APPELLANT,
v.
TRACY ZIMMERMAN, APPELLEE
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PER CURIAM.
Allstar Builders Corporation, Inc., appeals an order dissolving a prejudgment writ of replevin. We affirm.
Upon reviewing the record before the court at the time of the hearing on the motion to dissolve the writ, Prestige Rent-A-Car, Inc. v. Advantage Car Rental & Sales, Inc., 656 So. 2d 541, 545 (Fla. 5th DCA 1995); Zuckerman v. Professional Writers of Florida, Inc., 398 So. 2d 870, 873 (Fla. 4th DCA), review denied, 411 So. 2d 385 (Fla.1981), we hold that the writ was properly dissolved. Allstar did not meet its burden of demonstrating that the writ was issued based on competent, substantial evidence. Kalman v. World Omni Fin. Corp., 651 So. 2d 1249 (Fla. 2d DCA 1995). The trial court did not abuse its discretion in dissolving the writ.
Additionally, the court is directed to amend the bond to reflect the proper name of the defendant in this case, Tracy Zimmerman d/b/a Modular Assemblers, not Modular Assemblers, Inc. Affirmed.
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Allstar Builders Corp., Inc. v. Zimmerman, 706 So. 2d 92 (Fla. 3d DCA 1998)…Procedure 9.400(c) of the trial court’s order awarding appellee Tracy Zimmerman, d/b/a Modular Assemblers, appellate attorney’s fees. We grant the motion for review and reverse the trial court’s award. In Allstar Builders Corp., Inc. v. Zimmerman, 699 So. 2d 257 (Fla. 3d DCA 1997), we affirmed an order dissolving a prejudgment writ of replevin. Consequently, we granted Zimmerman’s motion for appellate attorney’s fees. Upon remand, Zimmerman moved the trial court for a fee award. The court granted the motion…
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Baker v. State, 724 So. 2d 163 (Fla. 5th DCA 1998)…PER CURIAM. AFFIRMED. See Johnson v. State, 699 So. 2d 257 (Fla. 5th DCA 1997); Siegel v. State, 586 So. 2d 1341 (Fla. 5th DCA 1991); W. SHARP, HARRIS and ANTOON, JJ., concur.…
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Lennox Retail, Inc. v. McMILLAN, 786 So. 2d 1252 (Fla. 5th DCA 2001)…icient basis for issuance of the writ. Because we conclude that the writ was erroneously granted, we find that the trial court did not abuse its discretion in granting the Appellees’ motion to dissolve. See Allstar Builders Corp., Inc. v. Zimmerman, 699 So. 2d 257 (Fla. 3d DCA 1997) (“The trial court did not abuse its discretion in dissolving the writ.”). We, therefore, affirm the order under review. The provisions contained in section 78.068, Florida Statutes (1999) were enacted “in 1976 apparently to provi…
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- Prestige Rent-A-Car, Inc. v. Advantage CAR Rental & Sales, 656 So. 2d 541 (Fla. 5th DCA 1995)
- Zuckerman v. Prof'l Writers OF Fla., Inc., 398 So. 2d 870 (Fla. 4th DCA 1981)
- State v. Harbeson, 651 So. 2d 1249 (Fla. 2d DCA 1995)
- Kalman v. World Omni Fin. Corp., 651 So. 2d 1249 (Fla. 2d DCA 1995)