DIRAN PAPAZIAN, PETITIONER,
v.
JOHN KULHANJIAN, RESPONDENT

Fla. | 1955-02-16
TERRELL, SEBRING and ROBERTS, JJ., concur.
78 So. 2d 85 Florida Supreme Court (1955) Positive Treatment
Cited by 2 cases

Opinion of the Court
MATHEWS, Chief Justice.

MATHEWS, Chief Justice.

The facts necessary for the appointment of a receiver pendente lite do not appear in this case. The power of . appointment of a receiver for a corporation should be exercised only where the exigencies demand it and no other protection - to the applicants appears. There is no ^sufficient allegation of fraud, insolvency, mismanagement, or other meritorious considerations.

The petition for writ of certiorari should be and is hereby granted, and the order complained of should be and is hereby quashed under the authority of McAllister Hotel, Inc., v. Schatzberg, Fla., 40 So. 2d 201.

It is so ordered.

TERRELL, SEBRING and ROBERTS, JJ., concur.


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Citator

Cited By

  • Recarey v. Rader, 320 So. 2d 28 (Fla. 3d DCA 1975)
    …ction to the applicants can be devised by the court. In other words, the appointment of receiver for a going corporation is a last-resort remedy, and should not be employed when another adequate remedy is available. Papazian v. Kulhanjian, Fla.1955, 78 So. 2d 85; McAllister Hotel v. Schatzberg, Fla. 1949, 40 So. 2d 201; Deauville Corporation v. Blount, 1946, 157 Fla. 322, 25 So. 2d 812; Tampa Waterworks Co. v. Wood, 1929, 97 Fla. 493, 121 So. 789; Conlee Construction Company v. Krause, Fla.App.1966, 192 So.…
  • Conlee Constr. Co. v. Sylvan B. Krause, 192 So. 2d 330 (Fla. 3d DCA 1966)
    …e plaintiffs. Accordingly, the order appointing a receiver pendente lite is reversed and the cause is remanded for further proceedings. Reversed and remanded. . See also: Jones v. Harvey, Fla.1955, 82 So. 2d 371; Papazian v. Kulhanjian, Fla.1955, 78 So. 2d 85; Deauville Corporation v. Blount, 157 Fla. 322, 25 So. 2d 812 (1946); Tampa Waterworks Co. v. Wood, 97 Fla. 493, 121 So. 789 (1929).…

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