Flushing National Bank v. Mastriana

Full title: FLUSHING NATIONAL BANK, APPELLANT, v. F. RONALD MASTRIANA, P.A., APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Sep 15, 1982

419 So. 2d 400 (Fla. Dist. Ct. App. 1982)

Opinion

No. 82-411.

September 15, 1982.

Appeal from Circuit Court, Broward County; James M. Reasbeck, Judge.

Peter M. Weinstein of Weinstein Zimmerman, P.A., Fort Lauderdale, for appellant.

Michael Eric Christiansen of Michael Eric Christiansen Professional Association, Fort Lauderdale, for appellee.

PER CURIAM.

We conclude that the trial court erred in failing to grant appellant's motion to dismiss and in requiring appellant to post a bond as a condition for undertaking this appeal. See Michigan National Bank-Michiana v. Baumgart, 408 So.2d 599 (Fla.2d DCA 1981) and Palm Beach Heights Development and Sales Corp. v. Decillis, 385 So.2d 1170 (Fla.3d DCA 1980).

Accordingly, this cause is reversed and remanded for further proceedings consistent herewith.

ANSTEAD, GLICKSTEIN, and HURLEY, JJ., concur.