Shouten v. Utah International, Inc.

District Court of Appeal of Florida

Shouten v. Utah International, Inc.

515 So. 2d 366, 12 Fla. L. Weekly 2613, 1987 Fla. App. LEXIS 10975

CourtDistrict Court of Appeal of Florida

DecidedNovember 12, 1987

DocketNo. 87-1397

StatusPublished

Cited by2 cases

This text of 515 So. 2d 366 (Shouten v. Utah International, 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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Shouten v. Utah International, Inc., 515 So. 2d 366, 12 Fla. L. Weekly 2613, 1987 Fla. App. LEXIS 10975 (Fla. Ct. App. 1987).

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Opinion

GUNTHER, Judge.

We reverse on the authority of Finkelstein v. Southeast Bank, N.A., 490 So.2d 976 (Fla. 4th DCA 1986) and DeLisi v. Smith, 401 So.2d 925 (Fla. 2d DCA 1981). The trial court erred in failing to modify the temporary injunction when there was no substantial competent evidence connecting the frozen assets with the proceeds of the alleged illegal activity. Furthermore, there was no evidence that the severance pay, payment in lieu of notification of termination, and vacation pay, for 1985 had been obtained through a “pattern of racketeering activity.” To be subject to an injunction, these payments would have to be “proceeds derived, directly or indirectly, from a pattern of racketeering activity” in violation of Florida Statutes, section 895.03 (1985), or section 772.103, Florida Statutes (Supp.1986).

REVERSED.

LETTS and WALDEN, JJ., concur.

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GUNTHER, Judge.

We reverse on the authority of Finkelstein v. Southeast Bank, N.A., 490 So.2d 976 (Fla. 4th DCA 1986) and DeLisi v. Smith, 401 So.2d 925 (Fla. 2d DCA 1981). The trial court erred in failing to modify the temporary injunction when there was no substantial competent evidence connecting the frozen assets with the proceeds of the alleged illegal activity. Furthermore, there was no evidence that the severance pay, payment in lieu of notification of termination, and vacation pay, for 1985 had been obtained through a “pattern of racketeering activity.” To be subject to an injunction, these payments would have to be “proceeds derived, directly or indirectly, from a pattern of racketeering activity” in violation of Florida Statutes, section 895.03 (1985), or section 772.103, Florida Statutes (Supp.1986).

REVERSED.

LETTS and WALDEN, JJ., concur.

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515 So. 2d 366, 12 Fla. L. Weekly 2613, 1987 Fla. App. LEXIS 10975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shouten-v-utah-international-inc-fladistctapp-1987.

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