Warshall v. Price

FARMER, Judge.

Before any trial has been held and any final judgment entered, a motion for the appointment of a receiver of the property of the defendant is a drastic matter constituting a taking of property and requires a showing of exigent circumstances. Electro Mechanical Products Inc. v. Borona, 324 So.2d 638 (Fla. 3d DCA 1976). After a plaintiff has acquired a money judgment against a defendant who carries on business as a sole proprietorship, the situation has changed.

The reasons for arguing against a receiver have disappeared. After all, the judgment creditor can now simply send the…