All Seasons Condominium Association, Inc. v. Busca

Florida District Courts of Appeal
All Seasons Condominium Association, Inc. v. Busca, 8 So. 3d 434 (2009)
2009 Fla. App. LEXIS 2473; 2009 WL 763574
Ramirez, Cortiñas, Schwartz

All Seasons Condominium Association, Inc. v. Busca

Opinion

SCHWARTZ, Senior Judge.

In a suit by the owners of condominium units against the association for money damages arising out of the latter’s alleged failure properly to maintain and repair the common elements, see All Seasons Condo. Ass’n v. Busca, 985 So.2d 1143 (Fla. 3d DCA 2008)(reversing summary judgment for plaintiffs), the trial court appointed a receiver for the association, apparently in order to conduct that process more efficiently. See also Busca v. All Seasons Condo. Ass’n, 983 So.2d 1212 (Fla. 3d DCA 2008)(affirming denial of motion for receiver). The association appeals and we reverse with directions to vacate the order because there is simply no cognizable basis for such an appointment in such a case. Akers v. Corbett, 138 Fla. 730, 190 So. 28 (1939)(appointment of receiver must be pursuant and subsidiary to primary claim); County Nat'l Bank of N. Miami Beach v. Stern, 287 So.2d 106 (Fla. 3d DCA 1973)(same); Apalachicola N. R.R. Co. v. Sommers, 79 Fla. 816, 85 So. 361 (1920)(appointment of a receiver improper in absence of fraud, self dealing, or waste of secured asset); McAllister Hotel v. Schatzberg, 40 So.2d 201 (Fla. 1949) (same); Conlee Constr. Co. v. Krause, 192 So.2d 330 (Fla. 3d DCA 1966) (same).

Reversed.

Reference

Full Case Name
ALL SEASONS CONDOMINIUM ASSOCIATION, INC., Appellant, v. Eduardo BUSCA and Flor D. Busca, His Wife, Appellees
Cited By
2 cases
Status
Published