Deckinger v. Export Development Corp.

District Court of Appeal of Florida

Deckinger v. Export Development Corp.

701 So. 2d 670, 1997 Fla. App. LEXIS 13280, 1997 WL 731536

CourtDistrict Court of Appeal of Florida

DecidedNovember 26, 1997

DocketNo. 97-0849

StatusPublished

This text of 701 So. 2d 670 (Deckinger v. Export Development Corp.) 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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Deckinger v. Export Development Corp., 701 So. 2d 670, 1997 Fla. App. LEXIS 13280, 1997 WL 731536 (Fla. Ct. App. 1997).

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Opinions

POLEN, Judge.

We affirm the order of the trial court denying appellant’s motion to temporarily enjoin the sale of stock pledged to secure a debt. The order was entered after an evidentiary hearing, conducted pursuant to our remand requiring such a hearing in Kedac, Inc. v. Export Development Corp., 685 So.2d 97 (Fla. 4th DCA 1997) (Deckinger I).

We agree with Judge Warner’s dissent that the trial court incorrectly relied on ap-pellees’ argument of collateral estoppel based [671]*671on the bankruptcy proceedings. However, we believe the record supports the trial court’s reliance on the principle that appellants have an adequate remedy at law in denying the injunction.

AFFIRMED.

DELL, J., concurs. WARNER, J., dissents with opinion.

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