CO-OPERATIVE SANITARY BAKING COMPANY, A CORPORATION, ET AL., APPELLANTS,
v.
GEORGE SHIELDS, APPELLEE
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The Florida Supreme Court reversed an interlocutory order appointing a receiver, finding that the underlying judgment upon which the receivership was based had been reversed.
No, the appointment of a receiver was not proper because the basis for its appointment, a judgment that has since been reversed, no longer exists.
“It is sufficient to say that it appears from the bill of complaint that the basis for the appointment of such receiver was to enforce ,the payment of a judgment for the sum of $2,250.00 which the appellee recovered on the 26th day of November, 1914, in an action at law against the Co-operative Sanitary Baking Company, which judgment we have this day reversed, so that the basis for the appointment of a receiver no longer exists, even if such appointment was warranted in the first instance, as to which we do not feel called upon to express an opinion.”
This quote explains the court's reasoning for reversing the order, highlighting that the underlying judgment was reversed.
The appellee obtained a judgment against the appellant, and based on this judgment, a receiver was appointed to take control of the appellant's assets…
The full statement of facts, procedural history, and disposition for this case are member content.
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Per Curiam.
This is an appeal from an interlocutory order appointing a receiver of “all the assets, effects, real, personal and mixed, wheresoever situate, of every nature and, kind whatsoever now belonging to or to which the said Co-operative Sanitary Baking Company is entitled, -whether in law or in equity, together with all property mentioned in the bill of sale from the Co-operative Sanitary Baking Company to F. W. Mohr on, to-wit, January 7, 1915.”
Four errors are assigned, but no detailed discussion thereof is necessary. It is sufficient to say that it appears from the bill of complaint that the basis for the appointment of such receiver was to enforce ,the payment of a judgment for the sum of $2,250.00 which the appellee recovered on the 26th day of November, 1914, in an action at law against the Co-operative Sanitary Baking Company, which judgment we have this day reversed, so that the basis for the appointment of a receiver no longer exists, even if such appointment was warranted in the first instance, as to which we do not feel called upon to express an opinion.
Order reversed.
All concur, except Cockrell, J., absent by reason of sickness.