SC09-938 – Attorneys’ Title Insurance Fund, Inc. v. M.I. Industries Usa, Inc., Et Al.

State: Florida

Docket No: sc09-938

Case Date: 04/22/2010

Plaintiff: SC09-938 – Attorneys’ Title Insurance Fund, Inc.

Defendant: M.I. Industries Usa, Inc., Et Al.

Preview:Supreme Court of Florida
No. SC09-938
ATTORNEYS’ TITLE INSURANCE FUND, INC.,
Petitioner,
vs.
M.I. INDUSTRIES USA, INC., et al.,
Respondents.
[April 22, 2010]
PER CURIAM.
We initially accepted jurisdiction to review the decision of the Fourth
District Court of Appeal in M.I. Industries USA Inc. v. Attorneys’ Title Insurance
Fund, Inc., 6 So. 3d 627 (Fla. 4th DCA 2009).  In its decision the district court
certified the following question to be of great public importance:
INCIDENT TO AN ACTION AT LAW, MAY A TRIAL
COURT ISSUE AN INJUNCTION TO FREEZE ASSETS OF A
DEFENDANT, WHERE THE PLAINTIFF HAS
DEMONSTRATED: (1) THE DEFENDANT WILL TRANSFER,
DISSIPATE, OR HIDE HIS/HER ASSETS SO AS TO RENDER A
TRIAL JUDGMENT UNENFORCEABLE; (2) A CLEAR LEGAL
RIGHT TO THE RELIEF REQUESTED; (3) A SUBSTANTIAL
LIKELIHOOD OF SUCCESS ON THE MERITS; AND (4) A
TEMPORARY INJUNCTION WILL SERVE THE PUBLIC
INTEREST?

Id. at 629.  After further consideration, we have determined that we should
exercise our discretion and discharge jurisdiction.  Accordingly, this review
proceeding is dismissed.
It is so ordered.
QUINCE, C.J., and PARIENTE, LEWIS, CANADY, POLSTON, LABARGA,
and PERRY, JJ., concur.
NO MOTION FOR REHEARING WILL BE ALLOWED.
Application for Review of the Decision of the District Court of Appeal - Certified
Great Public Importance
Fourth District - Case No. 4D07-4992
(Broward County)
Arthur J. England, Jr. of Greenberg Traurig, P.A., Miami, Florida, Robert A.
Cohen, and Aaron C. Wong of Cohen Fox, P.A., Miami, Florida
for Petitioner
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