Opinion

Lakeview Townhomes of the California Club, Inc. v. Coral Gables Federal Savings & Loan Ass'n

1995 Fla. App. LEXIS 6121 · District Court of Appeal of Florida · Jun 7, 1995

Full text

LAKEVIEW TOWNHOMES OF the CALIFORNIA CLUB, INC. v. CORAL GABLES FEDERAL SAVINGS AND LOAN ASSOCIATION

PER CURIAM. Lakeview Townhomes appeals from a non-final order appointing a receiver. We reverse, as the order was entered “without testimony, sworn pleadings or an affidavit demonstrating a show of Vaste’ which impairs the equity of security.” Boyd v. Banc One Mortgage Corp., 509 So.2d 966, 967 (Fla. 3d DCA 1987); see also Chromy v. Midwest Fed. Sav. & Loan Ass’n, 546 So.2d 1172 (Fla. 3d DCA 1989). Reversed and remanded for further consistent proceedings.1 Footnotes [1] This reversal is without prejudice to the bank to renew its motion upon a proper evidentiary predicate.

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Metadata

Status: Published
Author
Judges: Cope, Jorgenson, Levy
Cluster ID: 7751890

Citations

1995 Fla. App. LEXIS 6121
656 So. 2d 240
1995 WL 335463

Cited by

ZAHAV REFI, LLC, ZAHAV FLORIDA, LLC, ZAHAV REFI I I, LLC, SP POOL 7 ZAHAV FL, LLC, BOG TWELVE ZAHAV FL, LLC, AND POOL7 ZAHAV FLORIDA, LLC v. WHITE HAWK ASSET MANAGEMENT, INC.
District Court of Appeal of Florida · Dec 27, 2023

Parentheticals

"We reverse, as the order was entered 'without testimony, sworn pleadings or an affidavit demonstrating a show of "waste" which impairs the equity of security.' " (quoting Boyd v. Banc One Mortg. Corp., 509 So. 2d 966, 967 (Fla. 3d DCA 1987))
ZAHAV REFI, LLC, ZAHAV FLORIDA, LLC, ZAHAV REFI I I, LLC, SP POOL 7 ZAHAV FL, LLC, BOG TWELVE ZAHAV FL, LLC, AND POOL7 ZAHAV FLORIDA, LLC v. WHITE HAWK ASSET MANAGEMENT, INC.