POLYCOAT CORPORATION, A FLORIDA CORPORATION, APPELLANT,
v.
CITY NATIONAL BANK OF MIAMI, A NATIONAL BANKING ASSOCIATION, AND SOMERSET DEVELOPMENT CORP. OF AMERICA, ET AL., APPELLEES
Explore caselaw by topic → Browse Notice Of Hearing cases and more on FLexlaw
PER CURIAM.
This case comes before us on behalf of the appellant/mechanic lienholder’s objecting to the court below appointing a receiver ex parte and allowing said receiver to serve by filing a letter of credit in lieu of bond. Without going into the facts which is unnecessary at this juncture of the proceedings, we find the appeal of an order appointing a receiver has merit for the following reasons. First, the motion or complaint fails to state sufficient verified allegations or the necessary pleading predicate to entitle appellee to the relief requested. Second, no testimony was taken supporting the appointment of a receiver. Third, notice of hearing on said motion for the appointment of a receiver should have been given appellant since there were no extreme circumstances of irreparable damage.
Accordingly, the order appointing a receiver is hereby reversed and the cause is remanded to the trial court for further proceedings.
Reversed and remanded.
WALDEN, C. J., DOWNEY, J., and SCHULZ, GEORGE E., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Fla. Reinvestment Corp. v. Cypress Sav. Ass'n, 509 So. 2d 1352 (Fla. 4th DCA 1987)…pellant has not discussed the relevant elements, but confined its argument to the risk of property damage and to case law largely less than relevant to the present case. As to the principles from Polycoat Corporation v. City National Bank of Miami, 327 So. 2d 126 (Fla. 4th DCA 1976), which arguably apply here, appellee made adequate allegations, and its motion for appointment of a receiver was supported by business documents and a certain amount of testimony — some of it by appellant’s officers. Furthermore,…
-
Willa Mae Boyd and Eli Boyd, Jr. v. Banc ONE Mortg. Corp., 509 So. 2d 966 (Fla. 3d DCA 1987)…property as additional collateral. Carolina Portland Cement Co. v. Baumgartner, 99 Fla. 987, 128 So. 241 (1930); Armour Fertilizer Works v. First Nat’l Bank of Brooksville, 87 Fla. 436, 100 So. 362 (1924); Polycoat Corp. v. City Nat’l Bank of Miami, 327 So. 2d 126 (Fla. 4th DCA 1976); Edenfield v. Crisp, 186 So. 2d 545 (Fla. 2d DCA 1966). Plus, it was error for the order appointing a receiver not to require a bond of either the plaintiff or receiver. Edenfield, supra; Belk’s Dept. Store, Miami, Inc. v. Scherm…
-
M.R.D. Props., Ltd. v. Shangri-La Resorts II, Inc., 546 So. 2d 35 (Fla. 3d DCA 1989)…ikelihood, recover in the underlying mortgage foreclosure action. Colley v. First Fed. Sav. & Loan Ass’n, 516 So. 2d 344, 346 (Pla. 1st DCA 1987); Boyd v. Banc One Mortgage Corp., 509 So. 2d 966 (Fla. 3d DCA 1987); Polycoat Corp. v. City Nat’l Bank, 327 So. 2d 126 (Fla. 4th DCA 1976). Reversed.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence