Sebastian Square Associates, Ltd. v. Florida National Bank

District Court of Appeal of Florida

Sebastian Square Associates, Ltd. v. Florida National Bank

554 So. 2d 37, 1990 Fla. App. LEXIS 48, 1990 WL 131

CourtDistrict Court of Appeal of Florida

DecidedJanuary 4, 1990

DocketNo. 89-2400

StatusPublished

This text of 554 So. 2d 37 (Sebastian Square Associates, Ltd. v. Florida National Bank) 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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Sebastian Square Associates, Ltd. v. Florida National Bank, 554 So. 2d 37, 1990 Fla. App. LEXIS 48, 1990 WL 131 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

We affirm. The record contains evidence that appellant attempted to make a small payment on the mortgage after failing to make the final balloon payment, and conflicting evidence as to the value of the property. The record also contains evidence that the property has income producing capacity up to $111,000.00 per year, that appellant failed to pay the 1988 property taxes and failed to make the final mortgage payment. Appellant has failed to show that the trial court abused its discretion by appointing a receiver. Appellant’s challenge to the receiver’s capacity to serve cannot be raised for the first time on appeal.

AFFIRMED.

GLICKSTEIN, DELL and POLEN, JJ., concur.

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PER CURIAM.

We affirm. The record contains evidence that appellant attempted to make a small payment on the mortgage after failing to make the final balloon payment, and conflicting evidence as to the value of the property. The record also contains evidence that the property has income producing capacity up to $111,000.00 per year, that appellant failed to pay the 1988 property taxes and failed to make the final mortgage payment. Appellant has failed to show that the trial court abused its discretion by appointing a receiver. Appellant’s challenge to the receiver’s capacity to serve cannot be raised for the first time on appeal.

AFFIRMED.

GLICKSTEIN, DELL and POLEN, JJ., concur.

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Bluebook (online)

554 So. 2d 37, 1990 Fla. App. LEXIS 48, 1990 WL 131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sebastian-square-associates-ltd-v-florida-national-bank-fladistctapp-1990.