Burzenski Nursing Home, Inc. v. Cooper

District Court of Appeal of Florida

Burzenski Nursing Home, Inc. v. Cooper

330 So. 2d 187, 1976 Fla. App. LEXIS 14959

CourtDistrict Court of Appeal of Florida

DecidedApril 14, 1976

DocketNo. 75-1596

StatusPublished

This text of 330 So. 2d 187 (Burzenski Nursing Home, Inc. v. Cooper) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Burzenski Nursing Home, Inc. v. Cooper, 330 So. 2d 187, 1976 Fla. App. LEXIS 14959 (Fla. Ct. App. 1976).

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Opinion

HOBSON, Judge.

Appellant brings an interlocutory appeal from a temporary restraining order which was granted without notice. Our review is limited to the legal sufficiency of the appellees’ complaint. Hotel-Motel, R. E. & B. U. v. Black Angus of Lauderhill, Inc., Fla.1974, 290 So.2d 479. We find that the complaint was sufficient to support the restraining order but the trial court erred in failing to require bond. Tampa Port Authority v. Deen, Fla.App.2d 1965, 179 So.2d 416; Metropolitan Dade County v. Polk Pools, Inc., Fla.App.3d 1960, 124 So.2d 737.

Accordingly, we remand with instructions to the trial court to dissolve the temporary restraining order or require that suitable bond be posted.

McNULTY, C. J., and BOARDMAN, J., concur.

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HOBSON, Judge.

Appellant brings an interlocutory appeal from a temporary restraining order which was granted without notice. Our review is limited to the legal sufficiency of the appellees’ complaint. Hotel-Motel, R. E. & B. U. v. Black Angus of Lauderhill, Inc., Fla.1974, 290 So.2d 479. We find that the complaint was sufficient to support the restraining order but the trial court erred in failing to require bond. Tampa Port Authority v. Deen, Fla.App.2d 1965, 179 So.2d 416; Metropolitan Dade County v. Polk Pools, Inc., Fla.App.3d 1960, 124 So.2d 737.

Accordingly, we remand with instructions to the trial court to dissolve the temporary restraining order or require that suitable bond be posted.

McNULTY, C. J., and BOARDMAN, J., concur.

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330 So. 2d 187, 1976 Fla. App. LEXIS 14959, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burzenski-nursing-home-inc-v-cooper-fladistctapp-1976.

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