Closuit v. Crane Environmental, Inc.

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT EDWARD CLOSUIT, MYRIAM ) MURPHY, and ANDALITE INDUSTRIES, ) INC., a Florida corporation, ) ) Appellants, ) v. ) ) ) CRANE ENVIRONMENTAL, INC., ) Case No. 2D03-2019 ) Appellee. ) ____________________________________ ) Opinion filed October 1, 2004. Appeal from the Circuit Court for Sarasota County; Peter A. Dubensky and Nancy K. Donnellan, Judges. John R. Bush and Stephen B. French of Buss Ross Gardner Warren & Rudy, P.A., Tampa, for Appellants. Lawrence P. Bemis and Michael S. McCauley of Kirkland & Ellis LLP, Los Angeles, California, and Digna B. French of Steel Hector & Davis LLP, Miami, for Appellee. NORTHCUTT, Judge. Edward Closuit, Myriam Murphy, and Andalite Industries, Inc., appeal an order finding them in contempt for violating an injunction and assessing attorney's fees and costs as a sanction. As we did in the related case of Osmo Tec SAVC Co. v. Crane Environmental, Inc., No. 2D03-498 (Fla. 2d DCA Sept. 8, 2004), we reverse because the injunction did not prohibit the sale of Andalite's assets to a third party. Reversed and remanded. KELLY, J., and THREADGILL, EDWARD F., Senior Judge, Concur. -2-

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