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Gilbert v. Walcher

District Court of Appeal of Florida, Fourth District
Mar 9, 2005
895 So. 2d 531 (Fla. Dist. Ct. App. 2005)

Opinion

No. 4D05-771.

March 9, 2005.

Appeal of a non-final order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Amy L. Smith, Judge; L.T. Case No. 2003CA008478AD.

Irwin R. Gilbert of Gilbert Associates, West Palm Beach, for appellant.

No appearance required for appellee.


Evan Gilbert seeks certiorari review of an order denying his motion for prejudgment attachment or sequestration of funds. We re-designate this petition as a non-final appeal, see Hordis Bros. v. Sentinel Holdings, Inc., 562 So.2d 715 (Fla. 3d DCA 1990), and summarily affirm pursuant to Florida Rule of Appellate Procedure 9.315(a). See Unique Caterers, Inc. v. Rudy's Farm Co., 338 So.2d 1067, 1071 (Fla. 1976) (noting that the due process clause of the United States Constitution forbids the issuance of a prejudgment writ based on the plaintiff's bare allegations that he or she believes one of the statutory grounds exist).

AFFIRMED.

STONE and TAYLOR, JJ., concur.


Summaries of

Gilbert v. Walcher

District Court of Appeal of Florida, Fourth District
Mar 9, 2005
895 So. 2d 531 (Fla. Dist. Ct. App. 2005)
Case details for

Gilbert v. Walcher

Case Details

Full title:Evan GILBERT, Appellant, v. Gunther WALCHER, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 9, 2005

Citations

895 So. 2d 531 (Fla. Dist. Ct. App. 2005)