03-2144 FISHER ISL. V. KORMAN

State: Florida

Court: Florida Third District Court

Docket No: 03-2144 FISHER ISL. V. KORMAN

Case Date: 09/17/2003

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. 2003

FISHER ISLAND HOLDINGS, INC., ** Appellant, vs. BERNARD KORMAN, etc., Appellee. ** ** ** ** ** LOWER TRIBUNAL CASE NO. 03-13965 CASE NO. 3D03-2144

Opinion filed September 17, 2003. An appeal from the Circuit Court of Miami-Dade County, Leon M. Firtel, Judge. Greenberg Traurig and Alan T. Dimond and Elliot H. Scherker and Elliot B. Kula, for appellant. Phillips, Eisenger, Koss & Rosenfeldt (Hollywood); Broad & Cassel and David A. Freedman, for appellee. Before COPE, GREEN, and FLETCHER, JJ. PER CURIAM. Fisher Island Holdings, Inc. [Holdings] appeals from a nonfinal order in favor of Bernard J. Korman, etc. That order

extended the voting period for determining Fisher Island Club [Club] members' approval of Club's offer to purchase certain unimproved property on Fisher Island. We affirm.

We find, however, that the order entered by the trial court is in the nature of an injunction, and Holdings is entitled to all of the protections of such, including the protection of a bond. We

therefore remand with instructions for the trial court to commence proceedings consistent with this opinion, and to enter an order that satisfies all of the requirements of a temporary injunction, in accordance with Florida Rule of Civil Procedure 1.610, including the requirement of a bond. Affirmed, but remanded for further proceedings consistent herewith.

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