MARATHON V. DITOCCO

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 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, ** vs. ** DITOCCO KONSTRUCTION, INC., f/k/a DITOCCO CONSTRUCTION, ** INC., and DECKTIGHT ROOFING SERVICES, INC. ** Appellees. CASE NO. 3D02-2096 LOWER TRIBUNAL NO. 00-197 ** Opinion filed August 13, 2003. An Appeal from a non-final order from the Circuit Court for Monroe County, Mark Jones, Judge. Graner Root & Heimovics and Thomas U. Graner and Joseph Heimovics, for appellants. Oscar E. Soto, and Burger & Trailor, P.A., Andrew T. Trailor, 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 and the likelihood of irreparable harm. an injunction. Those two elements are essential to entry of Proctor v. Eason, 651 So. 2d 1301 (Fla. 2d DCA 1995). Reversed. -2-

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