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PIANETA MIAMI, INC. v. LIEBERMAN

No. 3D06-1025.

949 So.2d 215 (2006)

PIANETA MIAMI, INC., Appellant, v. Alan LIEBERMAN and Diane Lieberman, Appellees.

District Court of Appeal of Florida, Third District.

November 15, 2006.

Attorney(s) appearing for the Case

Arnstein & Lehr and Franklin Zemel and John M. Cooney, Ft. Lauderdale, for appellant.

Kluger, Peretz, Kaplan & Berlin and Alan J. Kluger, Michael S. Perse, and Jennifer T. Oslé, Miami, for appellees.

Before WELLS, CORTIÑAS, and ROTHENBERG, JJ.

CORTIÑAS, Judge.

The petitioner, Pianeta Miami, Inc. ("Pianeta"), appeals from a non-final order denying Pianeta's motion to release funds in escrow. Because the non-final order unjustifiably restrains Pianeta's assets that exceed the amount of the final judgment and applicable prejudgment interest, it constitutes an improper injunction. We reverse.

This appeal arises out of litigation over the fraudulent sale of Pianeta's hotel, the Angler Hotel ("hotel...

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