STATE EX REL., ROBERT A. GUTERMA, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ALEXANDER L. GUTERMA, AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ANITA GUTERMA, AND BOCA LEASING CORP., PETITIONERS,
v.
THE HONORABLE PAUL T. DOUGLAS, CIRCUIT COURT JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA, RESPONDENT
STATE EX REL., ROBERT A. GUTERMA, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ALEXANDER L. GUTERMA, AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ANITA GUTERMA, AND BOCA LEASING CORP., PETITIONERS,
THE HONORABLE PAUL T. DOUGLAS, CIRCUIT COURT JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA, RESPONDENT
463 So. 2d 538
Florida District Court of Appeal, Fourth District (1985)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Prohibition does not lie. English v. McCrary, 348 So. 2d 293 (Fla.1977). We consider the petition as one for certiorari relief, 9.040(c) Fla.R.App.P. and deny the petition for failure to demonstrate the lack of an adequate remedy by appeal. United States Fidelity & Guaranty Co. v. Graham, 404 So. 2d 863 (Fla. 4th DCA 1981), petition for review denied, 419 So. 2d 1195, 1201 (Fla.1982). Nor is an order appointing a receiver appealable pursuant to Rule 9.130(a)(3).
PETITION DENIED.
HERSEY, DELL and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fla. Reinvestment Corp. v. Cypress Sav. Ass'n, 509 So. 2d 1352 (Fla. 4th DCA 1987)…iction pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii), which provides for review of non-final orders that determine the right to immediate possession of property. Further, we recede from State ex rel. Guter [*1353] ma v. Douglas, 463 So. 2d 538 (Fla. 4th DCA 1985), which states to the contrary. Thunderbird, Ltd. v. Great American Insurance Company, 470 So. 2d 2 (Fla. 1st DCA 1985), states an order instructing a receiver to take immediate possession of property — as the present order does —…
Authorities Cited
- Carey English v. McCRARY, 348 So. 2d 293 (Fla. 1977)
- United States Fid. & Guar. Co. v. Graham, 404 So. 2d 863 (Fla. 4th DCA 1981)