Florida District Courts of Appeal, 1995

Lakeview Townhomes of the California Club, Inc. v. Coral Gables Federal Savings & Loan Ass'n

Lakeview Townhomes of the California Club, Inc. v. Coral Gables Federal Savings & Loan Ass'n
Florida District Courts of Appeal · Decided June 7, 1995 · Cope, Jorgenson, Levy
656 So. 2d 240; 1995 Fla. App. LEXIS 6121; 1995 WL 335463 (Southern Reporter, Second Series)

Lakeview Townhomes of the California Club, Inc. v. Coral Gables Federal Savings & Loan Ass'n

Opinion of the Court

PER CURIAM.

Lakeview Townhomes appeals from a non-final order appointing a receiver. We reverse, as the order was entered “without testimony, sworn pleadings or an affidavit demonstrating a show of Vaste’ which impairs the equity of security.” Boyd v. Banc One Mortgage Corp., 509 So.2d 966, 967 (Fla. 3d DCA 1987); see also Chromy v. Midwest Fed. Sav. & Loan Ass’n, 546 So.2d 1172 (Fla. 3d DCA 1989).

Reversed and remanded for further consistent proceedings.1

. This reversal is without prejudice to the bank to renew its motion upon a proper evidentiary predicate.

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