305 DEVELOPERS, LLC, A FLORIDA LIMITED LIABILITY CORPORATION, PETITIONER,
v.
MARILYN A. BUCHALTER, AN INDIVIDUAL, RESPONDENT
305 DEVELOPERS, LLC, A FLORIDA LIMITED LIABILITY CORPORATION, PETITIONER,
MARILYN A. BUCHALTER, AN INDIVIDUAL, RESPONDENT
932 So. 2d 228
Florida District Court of Appeal, Fourth District (2005)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We grant the petition for writ of certiorari and quash the order granting the motion to dissolve lis pendens. Buchman v. Fishbein, 537 So. 2d 704 (Fla. 4th DCA 1989); Hallmark Builders, Inc. v. Hickory Lakes of Brandon, Inc., 458 So. 2d 45 (Fla.2d DCA 1984). We remand to the trial court to hear the issue of notice and opportunity to be heard on the motion to dissolve, and if applicable, the issues of the propriety of lis pendens and the requirement of a bond, after hearing argument and considering any evidence presented by both sides.
STEVENSON, C.J., WARNER and POLEN, JJ., concur.
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Citator
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Hayes v. State, 55 So. 3d 699 (Fla. 4th DCA 2011)…a.2007). A trial court does not abuse its discretion in denying a motion for mistrial, based upon improper comments, where the improper comments are not so prejudicial or inflammatory as to mandate a mistrial or new trial. Merastar Ins. Co. v. Webb, 932 So. 2d 228, 229 (Fla. 4th DCA 2005); see also Leyva v. Samess, 732 So. 2d 1118, 1121 (Fla. 4th DCA 1999). “The violation of a pretrial order, in and of itself, does not necessarily warrant the granting of a new trial where that violation has caused no prejudic…
Authorities Cited
- Hallmark Builders, Inc. v. Hickory Lakes OF Brandon, Inc., 458 So. 2d 45 (Fla. 2d DCA 1984)
- Buchman v. Fishbein, 537 So. 2d 704 (Fla. 4th DCA 1989)
- LEE v. State, 537 So. 2d 704 (Fla. 1st DCA 1989)