DAN J. MORALES, APPELLANT,
v.
LOUIS A. DEBIASE, JR., APPELLEE

Fla. 2d DCA | 2003-03-12
No. 2D01-4158
SALCINES and DAVIS, JJ., concur.
839 So. 2d 896 Florida District Court of Appeal, Second District (2003) Positive Treatment
Cited by 2 cases


Opinion of the Court
STRINGER, Judge.

STRINGER, Judge.

Dan Morales challenges a nonfinal order granting Louis DeBiase’s request for a temporary injunction based on a noncom-pete agreement. The order on appeal expressly states that it will have no effect until a bond amount has been determined and posted by DeBiase. This executory language renders the order nonappealable because Morales is not bound by it and may continue to operate his business until the bond amount is determined. Moreover, Morales would be entitled to yet another appeal if he wishes to challenge the adequacy of any bond posted on remand. See Prestige Rent-A-Car, Inc. v. Advantage Car Rental Sales, Inc., 656 So. 2d 541 (Fla. 5th DCA 1995) (reviewing the adequacy of a bond posted for a temporary injunction). We therefore dismiss this appeal without prejudice to Morales’ right to challenge an appealable, nonfinal order entered subsequent to this dismissal.

SALCINES and DAVIS, JJ., concur.


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  • Thomas v. State, 863 So. 2d 1277 (Fla. 2d DCA 2004)
    …mas was arrested in Pi-nellas County at least partially on a Hills-borough County warrant, she is entitled to credit for the sixty-three days spent in the Pinellas County jail. See Young v. State, 840 So. 2d 468 (Fla. 2d DCA 2003); LeBlanc v. State, 839 So. 2d 896 (Fla. 3d DCA 2003). Nothing in the record clearly refutes Thomas’ claim that she was entitled to sixty-three days’ jail credit for the time she spent in the Pinellas County jail from May 2, 2002, through May 31, 2002. Accordingly, the trial court s…
  • Cook v. State, 929 So. 2d 1114 (Fla. 4th DCA 2006)
    …ects that Broward County had issued only a hold. As a result, Cook has not demonstrated that he is entitled to any additional credit. See Gethers v. State, 838 So. 2d 504 (Fla.2003); May v. State, 912 So. 2d 326 (Fla. 3d DCA 2005); LeBlanc v. State, 839 So. 2d 896 (Fla. 3d DCA 2003). We affirm. WARNER, TAYLOR and HAZOURI, JJ., concur.…

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