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Criminal Law
: JAABlog4TH DCA 17TH CIRCUIT OPINIONS/ADDERLEY ONTO 3RD JUDGE
By JAABLOG
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Luzzo - 4th Certifies a Question
INCIDENT TO AN ACTION AT LAW, MAY A TRIAL COURT ISSUE AN INJUNCTION TO FREEZE ASSETS OF A DEFENDANT, WHERE THE PLAINTIFF HAS DEMONSTRATED: (1) THE DEFENDANT WILL TRANSFER, DISSIPATE, OR HIDE HIS/HER ASSETS SO AS TO RENDER A TRIAL JUDGMENT UNENFORCEABLE; (2) A CLEAR LEGAL RIGHT TO THE RELIEF REQUESTED; (3) A SUBSTANTIAL LIKELIHOOD OF SUCCESS ON THE MERITS; AND (4) A TEMPORARY INJUNCTION WILL SERVE THE PUBLIC INTEREST?
Goldenberg - Reversed Andrews - Affirmed in part, reversed in part, and remandedLynch 1 - reverse and remand Lynch 2 - reverse and remand (Columbia U & Flipper)Greene - Order Quashed/Remanded*SENTINEL: Destry steps down in case against Fort Lauderdale police chief's wife*" ...continue to full postFull post as published by JAABlog on May 06, 2009 (boomark / email).
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