M.R.D. PROPERTIES, LTD., APPELLANT,
v.
SHANGRI-LA RESORTS II, INC., APPELLEE

Fla. 3d DCA | 1989-06-27
No. 89-291
Before SCHWARTZ, C.J., and HUBBART and FERGUSON, JJ.
546 So. 2d 35 Florida District Court of Appeal, Third District (1989) Positive Treatment
Cited by 8 cases
Topics
Appointment Of Receiver Mortgage Foreclosure

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Opinion of the Court
PER CURIAM.

[*36] PER CURIAM.

This is an appeal by the defendant M.R.D. Properties, Ltd. from a non-final order appointing a receiver to take possession of the mortgaged premises in a mortgage foreclosure action. We have jurisdiction to entertain this appeal, Florida Reinvestment Corp. v. Cypress Sav. Ass’n, 509 So. 2d 1352 (Fla. 4th DCA 1987) (en banc); Art. V, § 4(b)(1), Fla. Const.; Fla.R.App.P. 9.130(a)(3)(C)(ii).

We reverse the order under review because no sworn proof was ever adduced below in support of the plaintiff/mortgagee Shangri-La Resorts II, Inc.’s motion for the appointment of a receiver. No testimony or affidavits were presented to the trial court, and neither the mortgage foreclosure complaint nor the motion for appointment of receiver was sworn to. In the absence of such sworn proof, it is settled that the trial court is precluded from granting a motion to appoint a receiver, as, inter alia, there has been no verified showing, as required, that the party asking for the receiver will, in all likelihood, recover in the underlying mortgage foreclosure action. Colley v. First Fed. Sav. & Loan Ass’n, 516 So. 2d 344, 346 (Pla. 1st DCA 1987); Boyd v. Banc One Mortgage Corp., 509 So. 2d 966 (Fla. 3d DCA 1987); Polycoat Corp. v. City Nat’l Bank, 327 So. 2d 126 (Fla. 4th DCA 1976).

Reversed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Fed. Home Loan Mortg. Corp. v. Molko, 584 So. 2d 76 (Fla. 3d DCA 1991)
    …s “the receiver to take exclusive possession of the property and continue to manage and operate” the property. Thunderbird, Ltd. v. Great American Ins. Co., 470 So. 2d 2, 3 (Fla. 1st DCA 1985); M.R.D. Properties, Ltd. v. Shangri-La Resorts II, Inc., 546 So. 2d 35 (Fla. 3d DCA 1989); Interdevco, Inc. v. Brickellbanc Sav. Ass’n, 524 So. 2d 1087, 1088 n. 1. (Fla. 3d DCA 1988); Florida Reinvestment Corp. v. Cypress Sav. Ass’n, 509 So. 2d 1352 (Fla. 4th DCA 1987). In Twinjay Chambers Partnership v. Suarez, 556 So…
  • Shops OF Sunset, Ltd. v. Cohen, 551 So. 2d 1272 (Fla. 3d DCA 1989)
    …ish their entitlement to a receiver. We agree. We hold the trial court erred in appointing a receiver without testimony, sworn pleadings or affidavits submitted in support of appellees’ motion. M.R.D. Properties, Ltd. v. Shangri-La-Resorts II, Inc., 546 So. 2d 35 (Fla. 3d DCA 1989); Colley v. First Federal Savings and Loan Association of Panama City, 516 So. 2d 344 (Fla. 1st DCA 1987); Boyd v. Banc One Mortgage Corp., 509 So. 2d 966 (Fla. 3d DCA 1987); Polycoat Corporation v. City National Bank of Miami, 327…
  • Chromy v. Midwest Fed. Sav. & Loan Ass'n of Minneapolis, 546 So. 2d 1172 (Fla. 3d DCA 1989)
    …in the payment of the note secured thereby or other default in the mortgage, and 2) the assignment of rents from the secured property as additional collateral. (Citations omitted.) See also M.B.D. Properties, Ltd. v. Shangri-La Resorts II, Inc., 546 So. 2d 35 (Fla. 3d DCA 1989) (error to appoint receiver where there was no verified showing that party asking for receiver wall recover in underlying foreclosure action). On the authority of Boyd, we reverse and remand for further proceedings consistent -wi…

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