Legal Opinion

Overseas Development, Inc. v. Krause

District Court of Appeal of Florida

Decided December 9, 1975No. Nos. 75-1114, 75-1429PublishedCited by 2 opinions

1Per curiam

These interlocutory appeals have been consolidated for all appellate purposes. The first numbered appeal is from an order appointing a receiver in a mortgage foreclosure proceeding. The second is from an order denying a motion to dismiss.

Defendant urges that, as to the appointment of the receiver, it was error to make such appointment prior to the actual service of process on the defendant. While this argument could be made under some circumstances, it ' is not available .to *680the appellant here inasmuch as there is no general rule requiring service prior to the appointment of the receiver…

2Cases cited5 opinions

  1. Dixie Music Co., Inc. v. PikeSupreme Court of Florida · 1938
  2. Welch v. Gray Moss Bondholders Corp.Supreme Court of Florida · 1937
  3. Boyd v. Boulevard National BankDistrict Court of Appeal of Florida · 1975
  4. Your Construction Center, Inc. v. GrossDistrict Court of Appeal of Florida · 1975
  5. Bochterle, Et Vir v. Fla. Milk Co., Inc.Supreme Court of Florida · 1938

3Cited by2 opinions

  1. Largen v. GreenfieldDistrict Court of Appeal of Florida · 1978
  2. Silver Pines Partners Ltd. v. Resolution Trust Corp.District Court of Appeal of Florida · 1991

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