05-2128 THE GRAND V. PRINCE

State: Florida

Court: Florida Southern District Court

Docket No: 3d05-2128

Case Date: 12/14/2005

Plaintiff: 05-2128 THE GRAND

Defendant: PRINCE

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2005

THE GRAND VENETIAN CONDO. ASS'N, ** INC., etc., ** Appellant, ** vs. ** DAVID PRINCE, ** Appellee. **

CASE NO. 3D05-2128

LOWER TRIBUNAL NO. 05-15067

Opinion filed December 14, 2005 An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Gisela Cardonne Ely, Judge. Vernis & Bowling and Patrick H. Gonyea and Ian C. Dolan, for appellant. Broad and Cassel and Gary E. Lehman and Thomas J. Rebull, for appellee.

Before LEVY and SHEPHERD, JJ., and SCHWARTZ, Senior Judge. PER CURIAM. Grand Venetian Condominium Association, Inc., pursuant to Florida Rule of Appellate Procedure 9.130, appeals a non-final

order

granting or

a

preliminary of

injunction Unit 2303

against in Grand

the

sale,

conveyance,

transfer

Venetian

Condominium pending trial or other order of the court. Based upon the parties' stipulation that the injunction was entered sua sponte by the court at a hearing noticed for the resolution of other matters, see Landa v. Landa, 539 So. 2d 543 (Fla. 3d DCA 1989), and also without proof of the essential elements required by Florida Rule of Civil Procedure 1.610, see Florida East Coast Railway Company v. City of Miami, 299 So. 2d 152 (Fla. 3d DCA 1974), the order precluding the sale,

conveyance, or transfer of the condominium unit is vacated.

2

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