NCAA v. BRINKWORTH

No. 96-2507.

680 So.2d 1081 (1996)

NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, Appellant, v. Kevin M. BRINKWORTH, Jr., Appellee.

District Court of Appeal of Florida, Third District.

October 9, 1996.


Attorney(s) appearing for the Case

Richman Greer Weil Brumbaugh Mirabito & Christensen and Alan G. Greer, Miami, for appellant.

Jorden Burt Berenson & Johnson and Markham R. Leventhal, Miami; Miller, Cassidy, Larroca & Lewin and Stephen L. Braga, Washington, DC, for appellee.

Before SCHWARTZ, C.J., and COPE and FLETCHER, JJ.


COPE, Judge.

The National Collegiate Athletic Association ("NCAA") appeals an order which temporarily enjoins it from taking any action to enforce its ruling that plaintiff-appellee Kevin M. Brinkworth, Jr., is ineligible to play football for the University of Miami during the 1996 season. We conclude that the temporary injunction was improvidently issued and reverse.

I.

The present litigation arises out of the NCAA's denial of a waiver to plaintiff...

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