All Seasons Condominium Association, Inc. v. Busca

District Court of Appeal of Florida

All Seasons Condominium Association, Inc. v. Busca

8 So. 3d 434, 2009 Fla. App. LEXIS 2473, 2009 WL 763574

CourtDistrict Court of Appeal of Florida

DecidedMarch 25, 2009

Docket3D08-2397

StatusPublished

Cited by2 cases

This text of 8 So. 3d 434 (All Seasons Condominium Association, Inc. v. Busca) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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All Seasons Condominium Association, Inc. v. Busca, 8 So. 3d 434, 2009 Fla. App. LEXIS 2473, 2009 WL 763574 (Fla. Ct. App. 2009).

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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.

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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.

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8 So. 3d 434, 2009 Fla. App. LEXIS 2473, 2009 WL 763574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/all-seasons-condominium-association-inc-v-busca-fladistctapp-2009.

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