Legal Opinion

DeSilva v. FIRST COMMUNITY BANK OF AMERICA

District Court of Appeal of Florida

Decided August 4, 2010No. 2D10-307PublishedCited by 4 opinions

1Opinion of the Court

VILLANTI, Judge.

John R. DeSilva appeals the trial court’s nonfinal order appointing, without notice or a hearing, a receiver for certain real estate involved in a foreclosure action. He argues the trial court erred by not providing notice and an opportunity to be heard before entry of the order when First Community Bank of America failed to establish that immediate appointment of a receiver without notice or a hearing was necessary. We agree and, therefore, reverse and remand with directions.

This case arose in the context of a mortgage foreclosure of a single-family, non-homestead residence…

2Cases cited12 opinions

  1. Carolina Portland Cement Co. v. BaumgartnerSupreme Court of Florida · 1930
  2. In Re Aloma Square, Inc.United States Bankruptcy Court, M.D. Florida · 1988
  3. Dixie Music Co., Inc. v. PikeSupreme Court of Florida · 1938
  4. Edenfield v. CrispDistrict Court of Appeal of Florida · 1966
  5. Orlando Hyatt Assoc. Ltd. v. FdicDistrict Court of Appeal of Florida · 1993

7 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. U.S. Bank National Ass'n v. BusquetsDistrict Court of Appeal of Florida · 2014
  2. U.S. Bank National Ass'n v. CramerDistrict Court of Appeal of Florida · 2013
  3. Dana Entertainment, Inc. v. Tucan & Baru Brickell, LLCDistrict Court of Appeal of Florida · 2026
  4. JOSEPH E. ABDO v. KHALIL ABDODistrict Court of Appeal of Florida · 2019

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