INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, LOCAL 1416, AFL-CIO, APPELLANT,
v.
ARIADNE SHIPPING COMPANY, LIMITED, APPELLEE

Fla. 3d DCA | 1968-07-09
No. 68-44
Before CHARLES CARROLL, C. J., and PEARSON and SWANN, JJ.
212 So. 2d 93 Florida District Court of Appeal, Third District (1968)

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Synopsis

The Florida District Court of Appeal, Third District, deferred ruling on an interlocutory appeal concerning the reinstatement of a bond. The court found that the issue raised in the interlocutory appeal was also part of a pending appeal from the final judgment, and therefore, it would be considered and disposed of in that broader appeal.


Holding

The court reserved ruling on the interlocutory appeal, deferring consideration of the bond reinstatement issue until the appeal from the final judgment is addressed.


Key Quotes

“This interlocutory appeal is from an order dated November 14, 1967, entered subsequent to a summary judgment dated September 5, 1967, which made permanent a previously entered temporary injunction.”

Describes the procedural posture and the order being appealed.

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Facts & Procedural History

An order was entered denying a motion to reinstate a bond that had been released after a summary judgment made permanent a temporary injunction. This …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This interlocutory appeal is from an order dated November 14, 1967, entered subsequent to a summary judgment dated September 5, 1967, which made permanent a previously entered temporary injunction. In granting judgment the trial court had released the principal and surety on the bond which had been filed incident to the injunc*94tion pendente lite. The order here under appeal was one denying motion of the defendant to reinstate the bond. See International Longshoremen’s Ass’n v. Eastern S. S. Lines, Fla.App.1968, 206 So.2d 473.

The contention presented on this interlocutory appeal is also asserted by this appellant by an assignment of error (Rule 3.2(d) FAR, 32 F.S.A.) in the appeal which is pending in this court from the final judgment in the cause. Accordingly, we reserve ruling on this interlocutory appeal in favor of consideration and disposition of the point as raised in appeal No. 67-853 from the final judgment.

It is so ordered.


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