Unicorn Star, Inc. v. La Corrida Restaurante, Inc.

District Court of Appeal of Florida

Unicorn Star, Inc. v. La Corrida Restaurante, Inc.

591 So. 2d 271, 1991 Fla. App. LEXIS 10697, 1991 WL 205848

CourtDistrict Court of Appeal of Florida

DecidedOctober 16, 1991

DocketNo. 91-1017

StatusPublished

Cited by1 cases

This text of 591 So. 2d 271 (Unicorn Star, Inc. v. La Corrida Restaurante, 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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Unicorn Star, Inc. v. La Corrida Restaurante, Inc., 591 So. 2d 271, 1991 Fla. App. LEXIS 10697, 1991 WL 205848 (Fla. Ct. App. 1991).

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Opinion

LETTS, Judge.

The sale of a restaurant operation¹ allegedly fell through because the purchaser defaulted. The trial court granted a prejudgment writ of replevin under section 78.068, Florida Statutes (1989), but waived the requirement of a bond. We reverse.

[272]*272The above quoted Florida Statute is crystal clear. Under subsection (3), the petitioner must post a bond in accordance with the statutory terms. Zuckerman v. Professional Writers of Florida, Inc., 398 So.2d 870 (Fla. 4th DCA 1981), rev. denied, 411 So.2d 385 (Fla.1981).²

We find no merit in the second point on appeal.

REVERSED AND REMANDED.

STONE and WARNER, JJ., concur.

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LETTS, Judge.

The sale of a restaurant operation¹ allegedly fell through because the purchaser defaulted. The trial court granted a prejudgment writ of replevin under section 78.068, Florida Statutes (1989), but waived the requirement of a bond. We reverse.

[272]*272The above quoted Florida Statute is crystal clear. Under subsection (3), the petitioner must post a bond in accordance with the statutory terms. Zuckerman v. Professional Writers of Florida, Inc., 398 So.2d 870 (Fla. 4th DCA 1981), rev. denied, 411 So.2d 385 (Fla.1981).²

We find no merit in the second point on appeal.

REVERSED AND REMANDED.

STONE and WARNER, JJ., concur.

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591 So. 2d 271, 1991 Fla. App. LEXIS 10697, 1991 WL 205848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/unicorn-star-inc-v-la-corrida-restaurante-inc-fladistctapp-1991.

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