Scherfer v. Brickell Biscayne Corp.

Full title: RONALD SCHERFER AND SHARYN SCHERFER, HIS WIFE, APPELLANTS, v. BRICKELL…

Court: District Court of Appeal of Florida, Third District

Date published: May 11, 1982

413 So. 2d 846 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-2717.

May 11, 1982.

Appeal from a Non-final Order of Circuit Court, Dade County; Richard S. Hickey, Judge.

Merlin Horowitz; Ciravolo Feldman and Bennett G. Feldman, Miami, for appellants.

Greenberg, Traurig, Askew, Hoffman, Lipoff, Quentel Wolff and Byron G. Petersen and Barry D. Hunter, Miami, for appellee.

Before HENDRY, BASKIN and JORGENSON, JJ.

PER CURIAM.

The trial court denied plaintiff's motion for a temporary restraining order, pending the outcome of a declaratory judgment action to determine the parties' rights under a contract for the purchase and sale of a condominium. The temporary restraining order sought a postponement in the closing date. No clear abuse of the trial court's discretion has been shown and, thus, the order under review is affirmed. Oxford International Bank and Trust, Ltd. v. Merrill Lynch, Pierce, Fenner Smith, Inc., 374 So.2d 54 (Fla. 3d DCA 1979); City of Coral Springs v. Florida National Properties, Inc., 340 So.2d 1271 (Fla. 4th DCA 1976).

Affirmed.