Florida District Courts of Appeal, 2002

Sea Escape Entertainment, Inc. v. Tropical Gaming, Inc.

Sea Escape Entertainment, Inc. v. Tropical Gaming, Inc.
Florida District Courts of Appeal · Decided February 22, 2002 · Gross, Klein, Shahood
810 So. 2d 1006; 2002 Fla. App. LEXIS 3273; 2002 WL 321900 (Southern Reporter, Second Series)

Sea Escape Entertainment, Inc. v. Tropical Gaming, Inc.

Opinion of the Court

PER CURIAM.

We grant the petition for writ of mandamus and quash the circuit court’s order of November 16, 2001, which expanded the powers of the special master beyond any consent of the petitioner that supported the June 25, 2001 order. See Novartis Pharms. Corp. v. Camoto, 798 So.2d 22, 23 (Fla. 4th DCA 2001). Our conclusion that petitioner initially consented to the appointment of the special master is supported by the absence of any timely challenge to the order after its entry on June 25, 2001. One of the problems with the November 16, 2001 order is that it afforded the special master powers usually associated with a receiver. The record does not contain the evidentiary showing required for the appointment of a receiver. See Warrington v. First Valley Bank, 531 So.2d 986, 987 (Fla. 4th DCA 1988).

KLEIN, SHAHOOD and GROSS, JJ., concur.

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