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Office v. Conventry

District Court of Appeal of Florida, First District
Apr 21, 2008
979 So. 2d 1161 (Fla. Dist. Ct. App. 2008)

Opinion

No. 1D07-6195.

April 21, 2008.

An appeal from the Circuit Court for Leon County. P. Kevin Davey, Judge.

Jeffrey Joseph and Christopher Meadows of Legal Services Division, Office of Insurance Regulation, Tallahassee, for Appellant.

Frank J. Santry of Frank J. Santry, P.L., Tallahassee, and Daniel C. Brown, Joseph H. Lang, and Christine R. Davis of Carlton Fields, P.A., Tallahassee, for Appellee.


The Office of Insurance Regulation argues that the order imposing a temporary injunction is facially insufficient. Appellee Coventry First concedes the point. We accordingly vacate the order on appeal. See Thompson v. Planning Comm'n of City of Jacksonville, 464 So.2d 1231, 1236 (Fla. 1st DCA 1985). We do not reach the question of appellee's standing, an issue never raised below, as no answer had been filed before entry of the temporary injunction. See Fla.R.Civ.P. 1.110(d).

Accordingly, we VACATE the order granting a preliminary injunction against appellant, and we REMAND the case for further proceedings.

BROWNING, C.J., KAHN, and THOMAS, JJ., concur.


Summaries of

Office v. Conventry

District Court of Appeal of Florida, First District
Apr 21, 2008
979 So. 2d 1161 (Fla. Dist. Ct. App. 2008)
Case details for

Office v. Conventry

Case Details

Full title:OFFICE OF INSURANCE REGULATION, Appellant, v. COVENTRY FIRST, LLC, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Apr 21, 2008

Citations

979 So. 2d 1161 (Fla. Dist. Ct. App. 2008)