Lewis Lawrence LEIGHT, Appellant,
v.
Jason BERKMAN and Barbara Berkman, Appellees.
District Court of Appeal of Florida, Third District.
Michael Tarre, Coral Gables, for appellant.
Dubbin & Berkman, Evan J. Langbein, Miami, for appellees.
Before SCHWARTZ, C.J., and BASKIN and JORGENSON, JJ.
SCHWARTZ, Chief Judge.
Claiming that he had burglarized and stolen property from their home, the Berkmans sued Leight for compensatory and treble damages, for conversion and under the civil theft statute. During the pendency of the litigation, the trial court, on the plaintiffs' motion, enjoined the City of Miami Beach Police Department from releasing to Leight property it had seized from his premises under a search warrant. Since it is conceded that any specific items owned by the Berkmans have been returned to them, the sole asserted justification for the order was to preserve assets from which they may "collect the judgment" sought in the primary action. We reverse with directions to dissolve the injunction.
*477 The law is unequivocally established that an injunction against the disposition of a defendant's assets simply may not be granted upon the ground that their preservation is required to satisfy a subsequent money judgment.[1]Stewart v. Manget,
Reversed with directions.
NOTES
Notes
[1] Attachment, as authorized by Section 76.01, et. seq., Fla. Stat. (1983), provides the obvious remedy for the potential harm the plaintiffs allegedly fear. That procedure, however, involves a set of statutory burdens, including posting a bond for at least twice the claimed debt, § 76.12, which the plaintiffs have not satisfied.
