Legal Opinion · Concurrence

Landinguin v. Carneal

District Court of Appeal of Florida

Decided February 6, 2003No. 4D02-4124Published

1ConcurrenceGross, J.

I concur in the majority opinion. The facts of this case obviously do not support the extraordinary remedy of an ex parte temporary injunction, which is “antithetical to precious due process rights.” City of Boca Raton v. Boca Raton Airport Auth., 768 So.2d 1191, 1192 (Fla. 4th DCA 2000) (quoting Smith v. Knight, 679 So.2d 359, 361 (Fla. 4th DCA 1996)). Therefore, I would grant the parents’ motion for appellate attorney’s fees under section 57.105(1), Florida Statutes (2002).

2Cases cited2 opinions

  1. Smith v. KnightDistrict Court of Appeal of Florida · 1996
  2. City of Boca Raton v. Boca Raton Airport Auth.District Court of Appeal of Florida · 2000