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BISCAYNE PARK, LLC v. WAL-MART STORES EAST

No. 3D08-3219.

34 So.3d 24 (2010)

BISCAYNE PARK, LLC, Appellant, v. WAL-MART STORES EASt, LP, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied May 18, 2010.

Attorney(s) appearing for the Case

Peckar & Abramson and Ralf R. Rodriguez, Ft. Lauderdale, for appellant.

Akerman Senterfitt and Dana A. Clayton and Nancy A. Copperthwaite and Samantha J. Kavanaugh, Clayton, for appellee.

Before GERSTEN and LAGOA, JJ., and SCHWARTZ, Senior Judge.

LAGOA, Judge.

Biscayne Park, LLC, ("Biscayne") appeals from an order granting Wal-Mart Stores East, LP's, ("Wal-Mart") verified motion for temporary injunction. Because we find that the prerequisites for the issuance of a temporary injunction were not established below, we reverse the December 15, 2008 order.1

I. FACTUAL AND PROCEDURAL HISTORY

Biscayne is the owner of a sixteen acre tract of land located in the...

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