Edwards v. German Auto World, Inc.

District Court of Appeal of Florida

Edwards v. German Auto World, Inc.

659 So. 2d 450, 1995 Fla. App. LEXIS 8690, 1995 WL 480559

CourtDistrict Court of Appeal of Florida

DecidedAugust 16, 1995

DocketNo. 95-187

StatusPublished

This text of 659 So. 2d 450 (Edwards v. German Auto World, Inc.) 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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Edwards v. German Auto World, Inc., 659 So. 2d 450, 1995 Fla. App. LEXIS 8690, 1995 WL 480559 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

Concetta Edwards appeals an order denying her motion to dissolve a temporary injunction. Appellees German Auto World, Inc., Armand Barmichael, and Joe Barmicha-el do not defend the merits of the trial court’s order, but only argue that this court is without jurisdiction. We disagree with appellees on this point. There was no procedural impediment to the appellant’s filing of the motion to dissolve. As there was no previous appeal in this case, the law of the case doctrine is inapplicable. See Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Westwind Transp., Inc., 442 So.2d 414, 416 (Fla. 2d DCA 1983). See generally Philip J. Padovano, Florida Appellate Practice § 14.12 (1988). The order under review is reversed and the cause remanded with directions to dissolve the temporary injunction.

Reversed and remanded.

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PER CURIAM.

Concetta Edwards appeals an order denying her motion to dissolve a temporary injunction. Appellees German Auto World, Inc., Armand Barmichael, and Joe Barmicha-el do not defend the merits of the trial court’s order, but only argue that this court is without jurisdiction. We disagree with appellees on this point. There was no procedural impediment to the appellant’s filing of the motion to dissolve. As there was no previous appeal in this case, the law of the case doctrine is inapplicable. See Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Westwind Transp., Inc., 442 So.2d 414, 416 (Fla. 2d DCA 1983). See generally Philip J. Padovano, Florida Appellate Practice § 14.12 (1988). The order under review is reversed and the cause remanded with directions to dissolve the temporary injunction.

Reversed and remanded.

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659 So. 2d 450, 1995 Fla. App. LEXIS 8690, 1995 WL 480559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-v-german-auto-world-inc-fladistctapp-1995.

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