Legal Opinion

M.R.D. Properties Ltd. v. Shangri-La Resorts II, Inc.

District Court of Appeal of Florida

Decided June 27, 1989No. 89-291PublishedCited by 5 opinions

1Per curiam

This is an appeal by the defendant M.R.D. Properties, Ltd. from a non-final order appointing a receiver to take possession of the mortgaged premises in a mortgage foreclosure action. We have jurisdiction to entertain this appeal, Florida Reinvestment Corp. v. Cypress Sav. Ass’n, 509 So.2d 1352 (Fla. 4th DCA 1987) (en banc); Art. V, § 4(b)(1), Fla. Const.; Fla.R.App.P. 9.130(a)(3)(C)(ii).

We reverse the order under review because no sworn proof was ever adduced below in support of the plaintiff/mortgagee Shangri-La Resorts II, Inc.’s motion for the appointment of a receiver. No testimony or…

2Cases cited4 opinions

  1. Fla. Reinvestment Corp. v. Cypress Sav.District Court of Appeal of Florida · 1987
  2. Boyd v. Banc One Mortgage Corp.District Court of Appeal of Florida · 1987
  3. Polycoat v. City Natl. Bank of MiamiDistrict Court of Appeal of Florida · 1976
  4. Colley v. First Federal Savings & Loan Ass'n of Panama CityDistrict Court of Appeal of Florida · 1987

3Cited by5 opinions

  1. Federal Home Loan Mortg. Corp. v. MolkoDistrict Court of Appeal of Florida · 1991
  2. Shops of Sunset, Ltd. v. CohenDistrict Court of Appeal of Florida · 1989
  3. Chromy v. Midwest Federal Savings & Loan Ass'n of MinneapolisDistrict Court of Appeal of Florida · 1989
  4. Dana Entertainment, Inc. v. Tucan & Baru Brickell, LLCDistrict Court of Appeal of Florida · 2026
  5. 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

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