Burzenski Nursing Home, Inc v. Cooper

Full title: BURZENSKI NURSING HOME, INC., A FLORIDA CORPORATION, APPELLANT, v. IVAN J…

Court: District Court of Appeal of Florida, Second District

Date published: Apr 14, 1976

330 So. 2d 187 (Fla. Dist. Ct. App. 1976)

Opinion

No. 75-1596.

April 14, 1976.

Appeal from the Circuit Court, Sarasota County, Stephen L. Dakan, J.

Richard V. Harrison, Sarasota, for appellant.

Jeffrey G. Wood of Icard, Merrill, Cullis, Timm Furen, Sarasota, for appellees.

HOBSON, Judge.

Appellant brings an interlocutory appeal from a temporary restraining order which was granted without notice. Our review is limited to the legal sufficiency of the appellees' complaint. Hotel-Motel, R.E. B.U. v. Black Angus of Lauderhill, Inc., Fla. 1974, 290 So.2d 479. We find that the complaint was sufficient to support the restraining order but the trial court erred in failing to require bond. Tampa Port Authority v. Deen, Fla.App.2d 1965, 179 So.2d 416; Metropolitan Dade County v. Polk Pools, Inc., Fla.App.3d 1960, 124 So.2d 737.

Accordingly, we remand with instructions to the trial court to dissolve the temporary restraining order or require that suitable bond be posted.

McNULTY, C.J., and BOARDMAN, J., concur.