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Broadfire Corp. v. Turregano

District Court of Appeal of Florida, Second District
Oct 5, 1983
438 So. 2d 957 (Fla. Dist. Ct. App. 1983)

Opinion

No. 83-551.

October 5, 1983.

Appeal from a nonfinal order Circuit Court, Lee County; Hugh E. Starnes, Judge.

Stephen M. Maher, Fort Myers, for appellants.

Gerald W. Pierce of Henderson, Franklin, Starnes Holt, Fort Myers, for appellees.


After careful review of the record, we conclude that the trial court entered a temporary restraining order on February 25, 1983, which expired by its own terms on March 7, 1983, ten days after its entry. Fla.R.Civ.P. 1.610(b). There being no valid court order extending the expiration period beyond the March 7 deadline, we dismiss this appeal as moot. See Dehoff v. Imeson, 153 Fla. 553, 15 So.2d 258 (1943); Auffant v. Shoultz, 388 So.2d 41 (Fla. 5th DCA 1980).

The record shows that appellants removed the vessel, the object of the temporary restraining order, from its designated location on March 29, 1983, twenty-two days after the temporary restraining order's expiration. Consequently, it cannot be said that appellants violated an existing court order by removing the vessel on March 29, 1983.

Appeal DISMISSED.

BOARDMAN, A.C.J., SCHEB and CAMPBELL, JJ., concur.


Summaries of

Broadfire Corp. v. Turregano

District Court of Appeal of Florida, Second District
Oct 5, 1983
438 So. 2d 957 (Fla. Dist. Ct. App. 1983)
Case details for

Broadfire Corp. v. Turregano

Case Details

Full title:BROADFIRE CORPORATION, A FLORIDA CORPORATION; EUGENE A. BROADBENT, SR. AND…

Court:District Court of Appeal of Florida, Second District

Date published: Oct 5, 1983

Citations

438 So. 2d 957 (Fla. Dist. Ct. App. 1983)