MARATHON RESORT AND MARINA, LTD., A FLORIDA LIMITED PARTNERSHIP, BY AND THROUGH ITS GENERAL PARTNER, MARATHON RESORT AND MARINA, INC., A FLORIDA CORPORATION, APPELLANTS,
v.
DITOCCO KONSTRUCTION, INC., F/K/A DITOCCO CONSTRUCTION, INC., AND DECKTIGHT ROOFING SERVICES, INC., APPELLEES
MARATHON RESORT AND MARINA, LTD., A FLORIDA LIMITED PARTNERSHIP, BY AND THROUGH ITS GENERAL PARTNER, MARATHON RESORT AND MARINA, INC., A FLORIDA CORPORATION, APPELLANTS,
DITOCCO KONSTRUCTION, INC., F/K/A DITOCCO CONSTRUCTION, INC., AND DECKTIGHT ROOFING SERVICES, INC., APPELLEES
857 So. 2d 898
Florida District Court of Appeal, Third District (2003)
Opinion of the Court
SHEVIN, Judge.
We reverse the order requiring appellants to deposit funds in the court registry prior to entry of a final judgment. That order is, “in effect, an order granting an injunction and is thus reviewable under Florida Rule of Appellate 9.130(a)(3)(B).” CMR Distrib., Inc. v. Resolution Trust Corp., 593 So. 2d 593, 594 (Fla. 3d DCA 1992). Appellees have failed to show the unavailability of an adequate remedy at law and the likelihood of irreparable harm. Those two elements are essential to entry of an injunction. Proctor v. Eason, 651 So. 2d 1301 (Fla. 2d DCA 1995).
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- CMR Distribs., Inc. v. The Resolution Tr. Corp. for Prof'l Fed. Sav. Bank, 593 So. 2d 593 (Fla. 3d DCA 1992)
- Proctor v. Eason, 651 So. 2d 1301 (Fla. 2d DCA 1995)