Legal Opinion

Biscayne Park, LLC v. Wal-Mart Stores East, LP

District Court of Appeal of Florida

Decided February 17, 2010No. 3D08-3219PublishedCited by 9 opinions

1Opinion of the Court

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 Village of El Portal (the “property”). Biscayne purchased the property at a public auction without knowledge that the property had previously sustained widespread environmental impact.

In…

2Cases cited10 opinions

  1. Oxford Intern. Bank & Trust, Ltd. v. Merrill Lynch, Etc.District Court of Appeal of Florida · 1979
  2. Parker Tampa Two, Inc. v. Somerset Development Corp.Supreme Court of Florida · 1989
  3. First National Bank in St. Petersburg v. FerrisDistrict Court of Appeal of Florida · 1963
  4. Angelino v. Santa Barbara Enterprises, LLCDistrict Court of Appeal of Florida · 2009
  5. Shea v. Central Diagnostic Services, Inc.District Court of Appeal of Florida · 1989

5 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. State of Florida, Department of Health v. Bayfront HMA Medical Center, LLC etc.District Court of Appeal of Florida · 2018
  2. Genchi v. Lower Florida Keys Hospital DistrictDistrict Court of Appeal of Florida · 2010
  3. Lutsky v. SchoenwetterDistrict Court of Appeal of Florida · 2015
  4. Biscayne Park, LLC v. Wal-Mart Stores East, LPDistrict Court of Appeal of Florida · 2010
  5. Calixto Casanas v. Julio TandronDistrict Court of Appeal of Florida · 2025

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