DAVID M. MANN, APPELLANT,
v.
DAVID J. STEIN, DENISE D. SMALL, AND COVENANT DEVELOPMENT CORPORATION OF FLORIDA, INC., APPELLEES
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PER CURIAM.
This is an interlocutory appeal from an order of the trial court appointing a receiver for appellee corporation.
The review of non-final orders of lower tribunals is severely limited by the terms of Rule 9.130, Florida Rules of Appellate Procedure. The language of the rule specifically includes an order granting, continuing, modifying or dissolving an injunction; it does not specifically refer to the appointment of or the refusal to appoint a receiver. Further, the rule provides relief where the issue is the right to immediate possession of property. We think this refers to possession by a party with an adverse interest and not to possession by the court. It would have been a simple matter to make the appointment of or the refusal to appoint a receiver a basis for review of a non-final order. This was not done, and we are of the opinion that it was intentional. Accordingly, we decline to take jurisdiction.
APPEAL DISMISSED.
HERSEY, J., and CROSS, SPENCER C., Associate Judge, concur. DAUKSCH, JAMES C., Jr., Associate Judge, dissents with opinion.
DAUKSCH, JAMES C., Jr., Associate Judge,
dissenting:
In my opinion we have jurisdiction to review the appealed order so I would not dismiss the appeal. I think the matter should be decided on its merits.
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Konover Realty Assocs., Ltd. v. Mladen, 511 So. 2d 705 (Fla. 3d DCA 1987)…n Insurance Co., 470 So. 2d 2 (Fla. 1st DCA 1985). We note that in Florida Reinvestment Corp. v. Cypress Savings Ass’n, 509 So. 2d 1352 (Fla. 4th DCA 1987), the fourth district has overruled its previously held view to the contrary in Mann v. Stein, 379 So. 2d 978 (Fla. 4th DCA 1980) (order reviewable under (C)(ii) only if possession is granted to opposing party), cert. denied, 389 So. 2d 1112 (Fla.1980). . See supra note 1. . We note that the principle is applicable even when, as in Leight, it seems clear…
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Fla. Reinvestment Corp. v. Cypress Sav. Ass'n, 509 So. 2d 1352 (Fla. 4th DCA 1987)…DELL, Judge, dissenting. I respectfully dissent because this court does not have jurisdiction to consider this non-final appeal pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii). In Mann v. Stein, 379 So. 2d 978 (Fla. 4th DCA 1980) we held: The review of non-final orders of lower tribunals is severely limited by the terms of Rule 9.130, Florida Rules of Appellate Procedure. The language of the rule specifically includes an order granting, continuing, modi…1 / 2
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Thunderbird, Ltd. v. Great Am. Ins. Co., 470 So. 2d 2 (Fla. 1st DCA 1985)…PER CURIAM. Appellee has filed a motion to dismiss this interlocutory appeal from an order appointing a receiver of the Thunderbird Hotel during the pendency of the underlying mortgage foreclosure action. Relying primarily on Mann v. Stein, 379 So. 2d 978 (Fla. 4th DCA 1980), appellee asserts that an order appointing a receiver is not the type of order contemplated by Rule 9.130(a)(3)(C)(ii) of Florida Rules of Appellate Procedure which permits review of nonfinal orders that determine the “right to i…