Florida District Courts of Appeal, 1994

Tareena, Inc. v. Toomey

Tareena, Inc. v. Toomey
Florida District Courts of Appeal · Decided March 15, 1994 · Cope, Hubbart, Schwartz
636 So. 2d 758; 1994 Fla. App. LEXIS 2757; 1994 WL 81775 (Southern Reporter, Second Series)

Tareena, Inc. v. Toomey

Opinion of the Court

PER CURIAM.

Affirmed.

SCHWARTZ and HUBBART, Associate Judges, concur. COPE, Associate Judge, dissents with opinion.

Dissenting Opinion

COPE, Associate Judge

(dissenting).

I respectfully dissent. The hearing below was premature. See Muckenfuss v. Deltona Corp., 508 So.2d 340, 341 (Fla. 1987); Wood v. Price, 546 So.2d 88, 90 (Fla. 2d DCA), review denied, 553 So.2d 1166 (Fla. 1989). I would remand for a new hearing on a complete record.

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