AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

UNICORN STAR, INC. AND JOHN MILONAS, APPELLANTS, v. LA CORRIDA RESTAURANTE, INC., APPELLEE.

LETTS, Judge.

The sale of a restaurant operation allegedly fell through because the purchaser defaulted. The trial court granted a prejudgment writ of replevin under section 78.068, Florida Statutes (1989), but waived the requirement of a bond. We reverse.

The sale did not involve a transfer of title to real estate, but merely the assignment of a lease under which the seller was the lessee.

The above quoted Florida Statute is crystal clear. Under subsection (3), the petitioner must post a bond in accordance with the statutory terms. Zuckerman v. Professional Writers of Florida, Inc., 398 So.2d 870 (Fla. 4th DCA 1981), rev. denied, 411 So.2d 385 (Fla. 1981).

It is noted that the writ of replevin was only applied for under section 78.068.

We find no merit in the second point on appeal.

REVERSED AND REMANDED.

STONE and WARNER, JJ., concur.

Use AI to get other relevant cases.

Comments

UNICORN v. LA CORRIDA RESTAURANTE
(Dec 4, 1991)