SHOPS OF SUNSET, LTD., APPELLANT,
v.
HERBERT JAY COHEN AND DALE A. HECKERLING, AS TRUSTEE UNDER AN UNRECORDED TRUST DATED JULY 28, 1977, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the trial court erred in appointing a receiver without sufficient evidence and in failing to require a bond for the receiver.
Appellant leased a shopping center from appellees. Appellees sued to terminate the lease due to a mortgage default and moved to appoint a receiver to …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Ground Lease cases and more on FLexlaw
PER CURIAM.
Appellant, Shops of Sunset, Ltd., appeals a non-final order appointing a receiver for a shopping center, unless appellant posted a $50,000 surety bond within 15 days of the order. We reverse and remand.
Appellant holds a ground lease on the Shops of Sunset Shopping Center. Appel-lees, Herbert Jay Cohen and Dale A. Heck-erling, fee owners and lessors under the ground lease, brought suit against appellant to terminate the lease for appellant’s failure to cure a mortgage default. Appel-lees also filed a motion to appoint a receiver to safeguard rental proceeds collected by the appellant from subtenants. A hearing was held on appellees' motion and, thereafter, the trial court entered an order appointing a receiver for the shopping center, unless appellant posted a surety bond within 15 days. It is from' that order that appellant brings this appeal.
Appellant argued the trial court erred in appointing a receiver because appellees did not establish 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 So. 2d 126 (Fla. 4th DCA 1976).
We further rule the trial court erred in its appointment of a receiver by failing to require the appellees or the receiver to post a bond. Turtle Lake Associates, Ltd. v. Third Financial Services, Inc., 518 So. 2d 959 (Fla. 1st DCA 1988); Boyd v. Banc One Mortgage Corp., 509 So. 2d at 967; see Belk’s Department Store, Miami, Inc. v. Scherman, 117 So. 2d 845 (Fla. 3d DCA 1960).
Accordingly, the non-final order appealed is reversed and the cause remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Mandel v. First Union Nat'l Bank OF Fla., 581 So. 2d 192 (Fla. 3d DCA 1991)…avings Association, 524 So. 2d 1087 (Fla. 3d DCA 1988); Carolina Portland Cement Co. v. Baumgartner, 99 Fla. 987, 128 So. 241 (1930). It was not error for the trial court to require only the receiver to post a bond. Shops of Sunset, Ltd. v. Cohen, 551 So. 2d 1272 (Fla. 3d DCA 1989); Boyd v. Banc One Mortgage Corp., 509 So. 2d 966 (Fla. 3d DCA 1987). Affirmed.…
-
Zahav Refi, LLC v. White Hawk Asset Mgmt., Inc. (Fla. 2d DCA 2023)…angri-La Resorts II, Inc., 546 So. 2d 35, 36 (Fla. 3d DCA 1989) ("We reverse the order under review because no sworn proof was ever adduced below in support of the . . . motion for the appointment of a receiver."); Shops of Sunset, Ltd. v. Cohen, 551 So. 2d 1272, 1273 (Fla. 3d DCA 1989) ("We hold the trial court erred in appointing a receiver without testimony, sworn pleadings or affidavits submitted in support of ---PAGE 8--- appellees' motion."); Polycoat Corp. v. City Nat'l Bank of Mia., 327 So. 2d…
Authorities Cited
- Belk's Dep't Store v. Scherman, 117 So. 2d 845 (Fla. 3d DCA 1960)
- Turtle Lake Assocs., Ltd. v. Third Fin. Servs., Inc., 518 So. 2d 959 (Fla. 1st DCA 1988)
- Willa Mae Boyd and Eli Boyd, Jr. v. Banc ONE Mortg. Corp., 509 So. 2d 966 (Fla. 3d DCA 1987)
- Parker v. State, 516 So. 2d 344 (Fla. 1st DCA 1987)
- Polycoat Corp. v. City Nat'l Bank OF Miami, 327 So. 2d 126 (Fla. 4th DCA 1976)
- M.R.D. Props., Ltd. v. Shangri-La Resorts II, Inc., 546 So. 2d 35 (Fla. 3d DCA 1989)