Saichek v. Cab Builders, LLC

Appellant, Lawrence A. Saichek, as Receiver, seeks review of the trial court’s order determining monies held by him in a special trust account to be the “rightful funds” of Cab Builders, LLC (“Cab”) and requiring the disbursement of same (the “Order”). We find that the Order was improperly entered and reverse.

In early 2006, Cab entered into a contract to sell certain real estate to a buyer. Under the terms of the contract, the buyer delivered the deposit amount of $350,000 to escrow agent Segredo & Weisz, a professional association whose general partner was Frank J. Segredo, P.A. (“Segredo,…