THE CHRISTIAN BROADCASTING NETWORK, INC., APPELLANT,
v.
SUN WORLD BROADCASTERS, INC., AND EDWARD F. STARR, JR., AS RECEIVER OF SUN WORLD BROADCASTERS, INC., APPELLEES

Fla. 4th DCA | 1977-10-25
No. 77-655
DAUKSCH and LETTS, JJ., concur.
353 So. 2d 560 Florida District Court of Appeal, Fourth District (1977) Positive Treatment
Cited by 2 cases

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Synopsis

Christian Broadcasting Network appealed the trial court's order striking its claim against Sun World Broadcasters in receivership proceedings. The appellate court reversed, holding that a claim properly filed within the deadline and meeting the court's requirements cannot be summarily struck without an evidentiary hearing, even if the receiver disputes whether it is contingent or unliquidated.


Holding

The court reversed and held that a claim properly filed within the court-ordered deadline and meeting the sworn filing requirement cannot be struck without an evidentiary hearing. The receiver is entitled to object to the claim and raise defenses, but those issues must be resolved through proper proceedings, not by summary dismissal.


Headnotes

[1] A claim filed in receivership proceedings is not rendered improper solely because it is contingent or unliquidated.

[2] A claim filed in receivership proceedings must be heard on the merits if it complies with statutory and court-ordered filing requirements.

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Key Quotes

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Establishes that claims meeting statutory requirements cannot be summarily struck and that disputed issues require a noticed evidentiary hearing

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Facts & Procedural History

RCA Corporation filed a timely claim against Sun World Broadcasters based on breach of a broadcasting equipment lease and obtained a summary judgment …

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Opinion of the Court
ANSTEAD, Judge.

ANSTEAD, Judge.

This is an appeal from an order striking the claim of the appellant, The Christian Broadcasting Network, Inc., against the appellee, Sun World Broadcasters, Inc., whose assets are in receivership as a result of dissolution proceedings. We reverse.

The trial court entered an order requiring claims against Sun World to be filed within four months. RCA Corporation filed a claim, based on the breach by Sun World of a lease of broadcasting equipment, within the proper time. Thereafter, RCA assigned its claim to the Christian Broadcasting Network. Subsequently, without proper notice, the trial court granted the receiver’s motion to strike Christian’s claim. The trial court held that Christian’s claim was a contingent claim and therefore not a proper claim in receivership proceedings. This conclusion was apparently based on the fact that RCA Corporation, who had assigned the claim in question to Christian, had previously secured a summary judgment against Sun World for breach of the lease in question, but had only then been awarded the right to possession of the leased equipment with the court reserving the right to determine any damages, attorneys fees or costs, on subsequent motion by RCA. Because no damages had yet been determined in the action for breach of lease as of the date the claim was filed, the trial court concluded:

In consideration of these findings, the court concludes and is of the opinion that the dócument filed by RCA Corporation is not a claim within the meaning of Section 607.284, Florida Statutes. It is a notice of an intention regarding a contingent unliquidated amount the right to which had not yet been determined.

The claim was stricken without an evidentiary hearing.

Neither the statute, Section 607.284, Florida Statutes (1975), or the court order requiring claims to be filed, contains any requirements as to the form of the claim to be filed. The court order only required the claim to be sworn and to be filed by a certain date. Christian’s claim complied with both requirements. Having done so Christian is entitled to have its claim heard on the merits. The receiver is entitled to object to the claim and indeed, in his report filed just prior to the hearing on the motion to strike he stated:

The Receiver intends to file an objection to RCA’s notice of its claim for rent on the grounds that it is estopped by its oral promise not to claim a deficiency if its equipment would be sold as a part of the Receiver’s sale of the Sun World assets. The Receiver will also contend that RCA did not sell its equipment in a commercially reasonable manner, and that its notice of a contingent claim is deficient, because it does not state a certain amount.

We believe that for these issues to be resolved, along with any others properly raised by the receiver, an evidentiary hearing with reasonable notice thereof is required.

The grounds relied on by the trial court in striking the claim as a contingent claim are not supported by the record because the lease which forms the underlying basis for the claim is not in the record and there is nothing else in the record to establish whether the claim is contingent, unliquidat-ed or liquidated. See Pennsylvania Steel Co. v. New York City Ry. Co., 198 F. 721 (2d Cir. 1912).

Accordingly, the order of the trial court of March 29, 1977 is reversed with directions for further proceedings consistent with this decision.

DAUKSCH and LETTS, JJ., concur.


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Citator

Cited By

  • …urt to strike the claim. Accordingly, the order of the trial court is reversed with directions for further proceedings consistent herewith. DAUKSCH and LETTS, JJ., concur. . The Christian Broadcasting Network, Inc. v. Sun World Broadcasters, Inc., 353 So. 2d 560 (Fla. 4th DCA 1977).…
  • The Christian Broad. Network, Inc. v. Starr, 401 So. 2d 1152 (Fla. 5th DCA 1981)
    …ngs consistent herewith. DAUKSCH, C. J., and COBB, J., concur. . Appellant’s claim has twice before been considered in appellate proceedings. For additional background, see The Christian Broadcasting Network, Inc., v. Sun World Broadcasters, Inc., 353 So. 2d 560 (Fla. 4th DCA 1977); The Christian Broadcasting Network, Inc. v. Turner Communications Corporation, 368 So. 2d 1345 (Fla. 4th DCA 1979). . The Federal District Court did follow Bidwell v. Carstens, and determined damages to equal $2,386,887.72, bro…

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