Williams v. Boyer ex rel. Boyer

District Court of Appeal of Florida

Williams v. Boyer ex rel. Boyer

734 So. 2d 1206, 1999 Fla. App. LEXIS 9116, 1999 WL 454504

CourtDistrict Court of Appeal of Florida

DecidedJuly 7, 1999

DocketNo. 99-0607

StatusPublished

This text of 734 So. 2d 1206 (Williams v. Boyer ex rel. Boyer) 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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Williams v. Boyer ex rel. Boyer, 734 So. 2d 1206, 1999 Fla. App. LEXIS 9116, 1999 WL 454504 (Fla. Ct. App. 1999).

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Opinion

KLEIN, J.

Appellant is the defendant in a suit for personal injuries. He appeals an order granting appellees’/plaintiffs’ motion to freeze his assets so that he cannot dissipate them prior to judgment. We agree with appellant that this order amounts to an injunction and that it was error. At least one requisite for an injunction, no adequate remedy at law, is missing, because plaintiffs can obtain a final judgment. The test of whether this is an adequate remedy at law is whether the judgment can be obtained, not whether it is collectible. Stewart v. Manget, 132 Fla. 498, 181 So. 370 (1938); Oxford Int'l Bank and Trust, Ltd. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 374 So.2d 54 (Fla. 3d DCA 1979) and cases cited therein. Reversed.

STONE and HAZOURI, JJ., concur.

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KLEIN, J.

Appellant is the defendant in a suit for personal injuries. He appeals an order granting appellees’/plaintiffs’ motion to freeze his assets so that he cannot dissipate them prior to judgment. We agree with appellant that this order amounts to an injunction and that it was error. At least one requisite for an injunction, no adequate remedy at law, is missing, because plaintiffs can obtain a final judgment. The test of whether this is an adequate remedy at law is whether the judgment can be obtained, not whether it is collectible. Stewart v. Manget, 132 Fla. 498, 181 So. 370 (1938); Oxford Int'l Bank and Trust, Ltd. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 374 So.2d 54 (Fla. 3d DCA 1979) and cases cited therein. Reversed.

STONE and HAZOURI, JJ., concur.

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734 So. 2d 1206, 1999 Fla. App. LEXIS 9116, 1999 WL 454504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-boyer-ex-rel-boyer-fladistctapp-1999.

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