PETER PAWLYSZYN, GREGORY MANGIARDI AND PEPPERWOOD DEVELOPMENT CORPORATION, PETITIONERS,

v.

JANE MOHAN AND WALTER MOHAN, RESPONDENTS

Citator

Cited By

• Hobbs v. DON Mealey Chevrolet, Inc., 642 So. 2d 1149 (Fla. 5th DCA 1994)
  …ike section 631.171, section 631.201's prohibition applies to all delinquency proceedings, not just liquidation proceedings. Id. See Springer v. Colburn, 162 So. 2d 513, 514 (Fla.1964). See also Nova Insurance Group, Inc. v. Department of Insurance, 606 So. 2d 429 (Fla. 1st DCA 1992) (considering preclusive effects of §§ 631.152 — .154, Fla.Stat. (1991)).…
• Imagine Ins. Co., Ltd. v. State of Fla. ex rel. the Dep't OF Fin. Servs. of the State of Fla., 999 So. 2d 693 (Fla. 1st DCA 2008)
  …y the underlying debts arose before the date of dishonor and before April 8, the day the Department was appointed receiver.” (emphasis in original)). The Department advances the case of Nova Insurance Group, Inc. v. Florida Department of Insurance, 606 So. 2d 429 (Fla. 1st DCA 1992), as similar to the present matter. In Nova, this court found that funds held in escrow were not property of the insolvent insurer, Central National Insurance Company of Puerto Rico (“Central”). Id. at 433. Nova Insurance Group (“…
• Payroll Transfers Interstate, Inc. v. Forshey, 694 So. 2d 80 (Fla. 1st DCA 1997)
  …1st DCA 1995) (“only the insurer is protected by the provisions of section 631.041(l)(a)”). The claimant’s action against the employer was not an action against the insurer or the assets of the insurer. Cf. Nova Ins. Group v. Florida Dep’t of Ins., 606 So. 2d 429 (Fla. 1st DCA 1992) (distinguishing between dispute over funds in escrow account which never ceased being the property of Nova, and Nova’s remaining claims for damages, fees and costs against the insolvent insurer; the former never became receiversh…

Authorities Cited

• Florida Communities Hutchinson Island v. Arabia, 452 So. 2d 1131 (Fla. 4th DCA 1984)