Eagle Bros. 2000, Inc. v. G.R. Sunrise, Inc.

District Court of Appeal of Florida

Eagle Bros. 2000, Inc. v. G.R. Sunrise, Inc.

863 So. 2d 1283, 2004 Fla. App. LEXIS 631, 2004 WL 135863

District Court of Appeal of Florida·Decided January 28, 2004·No. No. 4D03-4482·Published·Cited by 1 cases

Opinion

PER CURIAM.

The order appealed from shall be dismissed for lack of appellate jurisdiction pursuant to Mendez v. West Flagler Family Association, Inc., 303 So.2d 1 (Fla.1974). However, because one effect of the order appealed is to discharge the lien transfer bond, appellant is deprived of any security during the remainder of the proceedings below. See McClain Constr. Corp. v. Roberts, 351 So.2d 399 (Fla. 2d DCA 1977); see also Paul Gallizzi Gen. Contractor, Inc. v. Deeb Contractors, Inc., 502 So.2d 28 (Fla. 2d DCA 1987). Therefore, the trial court’s order granting discharge of the bond is reversed.

GROSS, HAZOURI and MAY, JJ., concur.

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PER CURIAM.

The order appealed from shall be dismissed for lack of appellate jurisdiction pursuant to Mendez v. West Flagler Family Association, Inc., 303 So.2d 1 (Fla.1974). However, because one effect of the order appealed is to discharge the lien transfer bond, appellant is deprived of any security during the remainder of the proceedings below. See McClain Constr. Corp. v. Roberts, 351 So.2d 399 (Fla. 2d DCA 1977); see also Paul Gallizzi Gen. Contractor, Inc. v. Deeb Contractors, Inc., 502 So.2d 28 (Fla. 2d DCA 1987). Therefore, the trial court’s order granting discharge of the bond is reversed.

GROSS, HAZOURI and MAY, JJ., concur.

Eagle Bros. 2000, Inc. v. G.R. Sunrise, Inc., 863 So. 2d 1283, 2004 Fla. App. LEXIS 631, 2004 WL 135863 (Fla. Ct. App. 2004).

Pincite

863 So. 2d 1283 (Eagle Bros. 2000, Inc. v. G.R. Sunrise, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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