THE CITY OF MIAMI BEACH, A MUNICIPAL CORPORATION DULY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, APPELLANT,
v.
SEACOAST TOWERS-MIAMI BEACH, INC., A FLORIDA CORPORATION, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court affirmed the lower court's denial of a motion to dissolve a temporary injunction, finding no abuse of discretion by the chancellor. The court also noted that the issue of the injunction bond was not properly raised on appeal.
No, the chancellor did not abuse his discretion in denying the motion to dissolve the injunction. The issue of the bond was not properly raised on appeal.
“the issuance of the temporary injunction complained of did not constitute an abuse of discretion by the chancellor.”
Establishes the court's finding regarding the chancellor's decision on the injunction.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe City of Miami Beach (appellant) sought to reverse an order denying its motion to dissolve a temporary injunction. The appellee had previously obta…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Constitutional Writ cases and more on FLexlaw
This interlocutory appeal seeks reversal of an order denying the appellant’s motion for dissolution of a previously issued temporary injunction. Upon application by ap-pellee, this court issued a constitutional writ staying proceedings in the circuit court and reinstating the temporary injunction theretofore issued. This court’s order further directed that the cause would be disposed of without further argument and set the time ■for filing of briefs by the respective parties.
The court has now considered the briefs and the appendices of the parties and concludes that the issuance of the temporary injunction complained of did not constitute an abuse of discretion by the chancellor. We further observe that the appellant has raised the question of the failure of the chancellor to require a bond as a condition to the issuance of the injunction. This question does not appear to have been raised before the chancellor. Assuming, arguendo, *555that such question was raised, we hasten to point out that the appeal prosecuted in this cause is from the order denying the motion for dissolution of the injunction and not the issuance of the injunction. It follows that the order appealed should be and is hereby affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
The City OF Miami Beach v. Seacoast Towers-Miami Beach, Inc., 156 So. 2d 528 (Fla. 3d DCA 1963)…hat the burden is upon the appellant to show that it is erroneous. No error having clearly been shown, the decree appealed must be and the same is hereby affirmed. Affirmed. . City of Miami Beach v. Seacoast Towers-Miami Beach, Inc., Fla.App.1963, 148 So. 2d 554. . City of Miami Beach v. Seacoast Towers Miami Beach, Inc., Fla.1963, 150 So. 2d 443..…
-
Torcise v. Germinal A. Perez, 319 So. 2d 41 (Fla. 3d DCA 1975)…o appellees, from a review of the record as a whole, we feel that such contention is without merit. See Gallagher v. Automated Building Components, Inc., Fla.App.1967, 193 So. 2d 445; City of Miami Beach v. Seacoast Towers Miami Beach, Fla.App.1963, 148 So. 2d 554; and Albury v. Plumber's Local Union No. 519, A.F. of L.-C.I.O., Fla.App.1958, 100 So. 2d 647. The order appealed from is therefore affirmed. Affirmed.…
-
City of Miami Beach v. Seacoast Towers Miami Beach, Inc., 150 So. 2d 443 (Fla. 1963)…Certiorari denied without opinion. 148 So. 2d 554.…