Unicorn Star, Inc. v. La Corrida Restaurante, Inc.

591 So. 2d 271 | Fla. Dist. Ct. App. | 1991

LETTS, Judge.

The sale of a restaurant operation¹ allegedly fell through because the purchaser defaulted. The trial court granted a prejudgment writ of replevin under section 78.068, Florida Statutes (1989), but waived the requirement of a bond. We reverse.

The above quoted Florida Statute is crystal clear. Under subsection (3), the petitioner must post a bond in accordance with the statutory terms. Zuckerman v. Professional Writers of Florida, Inc., 398 So.2d 870 (Fla. 4th DCA 1981), rev. denied, 411 So.2d 385 (Fla.1981).²

We find no merit in the second point on appeal.

REVERSED AND REMANDED.

STONE and WARNER, JJ., concur.

1 . The sale did not involve a transfer of title to real estate, but merely the assignment of a lease under which the seller was the lessee.

2 . It is noted that the writ of replevin was only applied for under section 78.068.