ROBERT J. LEE, PETITIONER,
v.
ORIE N. LEE, JR., LILLIAN C. LEE, AND LILLIAN C. LEE AND SONS, A GENERAL PARTNERSHIP, RESPONDENTS
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COWART, Judge.
Petitioner, plaintiff in a suit for dissolution of a partnership, petitions this court for a writ of common law certiorari to review the trial court’s non-final order denying his motion for appointment of a receiver. The appointment of a receiver is an ancillary remedy, is not a matter of right and rests in the sound judicial discretion of the equity judge. A trial judge who has jurisdiction over the parties and the subject matter can consider the matter and, correctly or erroneously, grant or deny the appointment of a receiver without permitting irreparable injury and without departing from procedural due process and thus without departing from the essential requirements of law. In such case, as here, review by certiorari should be denied. See The Hawaiian Inn of Daytona Beach, Inc. v. Snead Const. Corp., 393 So. 2d 1201 (Fla. 5th DCA 1981). The petition for certiorari is
DENIED.
DAUKSCH, C. J„ and SHARP, J., concur.
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Paine v. Lucas, 411 So. 2d 1369 (Fla. 5th DCA 1982)…d Co. v. Klinger, 392 So. 2d 1033 (Fla. 4th DCA 1981); Raymond, James and Assocs., Inc. v. Maves, 384 So. 2d 716 (Fla. 2d DCA 1980); King v. Thompson and McKinnon, Auchincloss, Kohlmeyer, Inc., 352 So. 2d 1235 (Fla. 4th DCA 1977). . See Lee v. Lee, 407 So. 2d 366 (Fla. 5th DCA 1981).…
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Twinjay Chambers P'ship v. Suarez, 556 So. 2d 781 (Fla. 2d DCA 1990)…ight to immediate possession of the property. However, we find that the rationale for allowing a nonfinal appeal where the receiver has obtained possession does not support an appeal from the denial of the appointment of a receiver. See Lee v. Lee, 407 So. 2d 366 (Fla. 5th DCA 1981) (declining review by certiorari of order denying appointment of receiver). Because Florida Rule of Appellate Procedure 9.130 does not provide for the availability of appeal regarding the appointment of receivers, any implication…
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Spector v. OLD Town KEY W. Dev., Ltd., 567 So. 2d 1017 (Fla. 3d DCA 1990)…ppellees’ analogy to a receivership action, we do not agree. First, a liquidating trustee, like a more traditional receiver, provides only an ancillary remedy for the enforcement of the substantive claims asserted in the proceeding, see Lee v. Lee, 407 So. 2d 366 (Fla. 5th DCA 1981); 44 Fla.Jur.2d Receivers § 2 (1984), and thus cannot by definition be said to constitute “the underlying major question in the case,” under the test for determining whether an action is local or transitory. Goedmakers v. Goedmake…
Authorities Cited
- The Hawaiian INN OF Daytona Beach Inc. v. Snead Constr. Corp., 393 So. 2d 1201 (Fla. 5th DCA 1981)