RENEE FRENGUT, PSYCHOLOGICAL INSIGHTS, INC., AND JOHN BELLANTONI, APPELLANTS,
v.
ZGOPLUS.COM, INC., AND JEFFREY A. VANDERPOL, APPELLEES
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PER CURIAM.
Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979). In this appeal from a temporary injunction, appellant argues that the issuance of the injunction was error because the appellee failed to take evidence at the hearing and relied solely on the facts alleged in its verified complaint. Appellee concedes that no witnesses were offered, but argues that appellant never objected to the failure to call live witnesses and offered its own affidavits in opposition to the verified complaint. While deciding whether to grant a temporary injunction solely on the basis of a verified complaint at a noticed hearing would be error if preserved, see Orkin Extermination Co., Inc. v. Tfank, 766 So. 2d 318 (Fla. 4th DCA 2000), without a transcript we cannot determine the extent to which appellant agreed to the procedure, given its own reliance on affidavits alone to contest the entry of the injunction.
WARNER, C.J., STEVENSON and SHAHOOD, JJ., concur.
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Diaz v. State, 34 So. 3d 797 (Fla. 4th DCA 2010)…el v. State, 12 So. 3d 1283, 1286 (Fla. 4th DCA 2009) (quoting Delorenzo v. State, 921 So. 2d 873, 879 (Fla. 4th DCA 2006)). Here, the state failed to prove that the taint of illegal entry was dissipated by subsequent events. See State v. Sakezeles, 778 So. 2d 432, 434 (Fla. 3d DCA 2001) (the state bears the burden to show that the taint of illegal entry was dissipated by subsequent events). Accordingly, we reverse the denial of the defendant’s motion to suppress and reverse and remand for further proceeding…
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Fidel Fernandez v. State, 63 So. 3d 881 (Fla. 3d DCA 2011)…ncing evidence that there was a clear break in the chain of events sufficient to dissolve the taint.” Diaz v. State, 34 So. 3d 797, 804 (Fla. 4th DCA 2010) (citing Navamuel v. State, 12 So. 3d 1283, 1286 (Fla. 4th DCA 2009)). See State v. Sakezeles, 778 So. 2d 432, 434 (Fla. 3d DCA 2001) (finding that state bears the burden of showing that the taint is dissipated by subsequent events). Nothing in this record meets this burden. We reverse the order denying the defendant’s suppression motion. As the state prop…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Orkin Extermination Co., Inc. v. Tfank, 766 So. 2d 318 (Fla. 4th DCA 2000)