State ex rel. Celebrezze v. Gibbs

The state has appealed that portion of the appellate court’s decision which modifies the trial court’s order to appoint a receiver. Specifically, the state argues that the appointment of a receiver is committed to the sound discretion of the trial court, and that it cannot be reversed on appeal absent a *73finding of an abuse of that discretion. In his cross-appeal to this court, Gibbs renews his arguments that he had substantially complied with the September 17 consent order, and that the state is estopped or has waived any charge of contempt for his noncompliance. Gibbs also argues that the…