SILVER PINES PARTNERS LTD., AND FINANCIAL CAPITAL OF AMERICA, INC., APPELLANTS,
v.
THE RESOLUTION TRUST CORPORATION, ETC., APPELLEE
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PER CURIAM.
We affirm the appointment, without pri-or notice, of a receiver of the mortgaged property in this mortgage foreclosure action because the mortgagor defaulted in making mortgage payments and failed to pay the real estate ad valorem taxes for three years, and failed to remit rentals to the mortgagee pursuant to an assignment of rentals after default and after the mortgagee had exercised its right to receive rentals and had made a written demand therefor pursuant to section 697.07, Florida Statutes. See Dixie Music Co. v. Pike, 135 Fla. 671, 185 So. 441 (1938); Bochterle v. Florida Milk Co., 132 Fla. 827, 182 So. 215 (1938); Smith v. State Life Insurance Co., 114 Fla. 371, 153 So. 842 (1934); Smith v. Taylor, 112 Fla. 597, 150 So. 803 (1933); Pasco v. Gamble, 15 Fla. 562 (1876); Overseas Dev. Inc. v. Krause, 323 So. 2d 679 (Fla. 3d DCA 1975), cert, denied, 336 So. 2d 107 (Fla.1976). See also, Chapman v. Chapman, 526 So. 2d 131 (Fla. 3d DCA 1988); Annot., Appointment of Receivers — “Waste” 55 A.L.R.3d 1041, § 14[a] (1974).
AFFIRMED.
COWART, PETERSON and DIAMANTIS, JJ., concur.
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Fredrick M. Lawrence v. State, 590 So. 2d 1068 (Fla. 5th DCA 1991)…sed by use of the wrong score-sheet which did not change the recommended range is harmless error). It is considered important that the trial court have a correct scoresheet before determining whether to apply the permitted range. See Terry v. State, 588 So. 2d 63 (Fla. 5th DCA 1991) (even where defendant’s sentence fell within the reduced permitted range, scoresheet error should be corrected and not viewed as harmless merely because a departure sentence did not result); Lewis v. State, 574 So. 2d 245 (Fla. 2…
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Goodwin v. State, 600 So. 2d 1310 (Fla. 5th DCA 1992)…encing exercised its discretion to enter the least severe sentence allowed in the permitted range. On remand, the judge should be permitted that same discretion. Goodwin is entitled to be sentenced [*1311] under a correct scoresheet. Terry v. State, 588 So. 2d 63 (Fla. 5th DCA1991). REVERSED and REMANDED for re-sentencing. GOSHORN, C.J., and W. SHARP, J„ concur.…
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McGREEVEY v. State, 717 So. 2d 1111 (Fla. 5th DCA 1998)…permitted range and thus such errors in scoring are not harmless. See Goodwin v. State, 600 So. 2d 1310 (Fla. 5th DCA 1992); Horne v. State, 593 So. 2d 309 (Fla. 5th DCA 1992); Lawrence v. State, 590 So. 2d 1068 (Fla. 5th DCA 1991); Terry v. State, 588 So. 2d 63 (Fla. 5th DCA 1991). Accordingly, we affirm the judgment but quash the sentence and remand for an evi-dentiary hearing on the issue of slight versus moderate injury prior to sentencing. AFFIRMED in part; REVERSED and REMANDED. THOMPSON, J., concu…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dixie Music Co., Inc. v. Pike, 135 Fla. 671 (Fla. 1938)
- Winter Park Golf Ests., Inc. v. City of Winter Park, 114 Fla. 350 (Fla. 1934)
- Pasco v. Gamble, 15 Fla. 562 (Fla. 1876)
- Chapman v. Chapman, 526 So. 2d 131 (Fla. 3d DCA 1988)
- Mrs. F. J. Bochterle v. Fla. Milk Co., Inc., 132 Fla. 827 (Fla. 1938)
- Smith v. State Life Ins. Co., 114 Fla. 371 (Fla. 1934)
- Overseas Dev., Inc. v. Krause, 323 So. 2d 679 (Fla. 3d DCA 1975)
- Zorn v. James, 112 Fla. 583 (Fla. 1933)
- Smith v. Taylor, 112 Fla. 597 (Fla. 1933)