STEVE FELTY AND ELITE PLATING & POLISHING, INC., APPELLANTS,
v.
STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENT REGULATION, JOE ARCE, GARY HODACH, PALM BEACH CHROME PLATING, INC., AND FRANK COLON, APPELLEES
PER CURIAM.
We agree with appellants that the trial court erred in compelling them to make payments into the registry of the court. The appellees have cited no legal authority for the proposition that, in addition to the ordinary remedies of a creditor, they are entitled to a court order compelling payments from a debtor. We reverse and remand on the authority of Law v. NCNB National Bank of Florida, 452 So. 2d 1119 (Fla. 4th DCA 1984), and distinguish between the order here compelling the deposit of mortgage payments, and an order compelling the deposit of rents, pursuant to a mortgage provision assigning such rents to the mortgagee. In the latter case, Section 697.07, Fla.Stat. (1989) authorizes a trial court to compel such a deposit into the registry of the court upon proper application by the mortgagee. See Williams v. First Union Nat. Bank, 591 So. 2d 1137 (Fla. 4th DCA 1992).
ANSTEAD, WARNER and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hughes v. First Fed. Sav. & Loan Ass'n, 621 So. 2d 557 (Fla. 4th DCA 1993)…gistry of the court. Prom an order granting that motion appellants perfected this appeal. We find no reason presented by the appellate papers to deviate from the long standing rule announced in Felty v. State, Department of Environment Regulation, 601 So. 2d 310 (Fla. 4th DCA 1992) and Law v. NCNB National Bank, 452 So. 2d 1119 (Fla. 4th DCA 1984). Deposits in the court registry are controlled generally by Florida Rule of Civil Procedure 1.600. Nothing contained herein would authorize the trial court to req…
Authorities Cited
- Williams v. First Union Nat'l Bank OF Fla., 591 So. 2d 1137 (Fla. 4th DCA 1992)
- Suggs v. State, 452 So. 2d 1119 (Fla. 2d DCA 1984)
- Mary L. LAW v. NCNB Nat'l Bank OF Fla., 452 So. 2d 1119 (Fla. 4th DCA 1984)