Legal Opinion

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

District Court of Appeal of Florida

Decided June 7, 1995No. 94-2279PublishedCited by 2 opinions

1Per 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. This reversal is without prejudice to the bank to renew its motion upon a proper evidentiary predicate.

2Cases cited2 opinions

  1. Boyd v. Banc One Mortgage Corp.District Court of Appeal of Florida · 1987
  2. Chromy v. Midwest Federal Savings & Loan Ass'n of MinneapolisDistrict Court of Appeal of Florida · 1989

3Cited by2 opinions

  1. Dana Entertainment, Inc. v. Tucan & Baru Brickell, LLCDistrict Court of Appeal of Florida · 2026
  2. 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 · 2023