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Sea Dip Beach Resort v. Lambert

District Court of Appeal of Florida, Fifth District
Apr 28, 2000
756 So. 2d 255 (Fla. Dist. Ct. App. 2000)

Opinion

No. 5D99-2263.

Opinion filed April 28, 2000.

Non-Final Appeal from the Circuit Court for Volusia County, Joseph G. Will, Judge.

Arthur Graham of Cameron, Marriott, Walsh, Hodges Coleman, P.A., Daytona Beach, for Appellant.

David A. Vukelja of David A. Vukelja, P.A., Ormond Beach, for Appellee.


Lambert, the counterclaimant below, clearly established the requisite elements for preliminary injunctive relief and we accordingly affirm the granting of a preliminary injunction. However, we find merit in the Association's argument that the amount of the injunction bond, $2,500, is inadequate to cover the reasonable costs of security which will be incurred by the Association in the event Lambert elects to reopen the restaurant. The injunction order is therefore modified to reflect that if a restaurant is reopened, the Association may move for an increase in the bond to cover its reasonable costs of security associated with operation of said restaurant.

AFFIRMED AS MODIFIED.

DAUKSCH and HARRIS, JJ., concur.


Summaries of

Sea Dip Beach Resort v. Lambert

District Court of Appeal of Florida, Fifth District
Apr 28, 2000
756 So. 2d 255 (Fla. Dist. Ct. App. 2000)
Case details for

Sea Dip Beach Resort v. Lambert

Case Details

Full title:SEA DIP BEACH RESORT, ETC. Appellant v. STEVEN LAMBERT, ET AL., Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Apr 28, 2000

Citations

756 So. 2d 255 (Fla. Dist. Ct. App. 2000)