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MARATHON RESORT AND MARINA LTD. EX REL. MARATHON RESORT AND MARINA, INC. v. DITOCCO KONSTRUCTION, INC.

No. 3D02-2096.

857 So.2d 898 (2003)

MARATHON RESORT AND MARINA, LTD., a Florida limited partnership, by and through its general partner, MARATHON RESORT AND MARINA, INC., a Florida corporation, Appellants, v. DITOCCO KONSTRUCTION, INC., f/k/a Ditocco Construction, Inc., and Decktight Roofing Services, Inc., Appellees.

District Court of Appeal of Florida, Third District.

August 13, 2003.

Attorney(s) appearing for the Case

Graner Root & Heimovics and Thomas U. Graner and Joseph Heimovics, for appellants.

Oscar E. Soto, and Burger & Trailor, P.A., Andrew T. Trailor, Miami, for appellees.

Before GERSTEN and SHEVIN, JJ., and NESBITT, Senior Judge.

SHEVIN, Judge.

We reverse the order requiring appellants to deposit funds in the court registry prior to entry of a final judgment. That order is, "in effect, an order granting an injunction and is thus reviewable under Florida Rule of Appellate 9.130(a)(3)(B)." CMR Distrib., Inc. v. Resolution Trust Corp., 593 So.2d 593, 594 (Fla. 3d DCA 1992). Appellees have failed to show the unavailability of an adequate remedy at law...

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