Smilack v. Slizyk

District Court of Appeal of Florida

Smilack v. Slizyk

812 So. 2d 591, 2002 Fla. App. LEXIS 4279, 2002 WL 491948

CourtDistrict Court of Appeal of Florida

DecidedApril 3, 2002

DocketNo. 4D01-3437

StatusPublished

This text of 812 So. 2d 591 (Smilack v. Slizyk) 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.

Bluebook

Smilack v. Slizyk, 812 So. 2d 591, 2002 Fla. App. LEXIS 4279, 2002 WL 491948 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

We reverse an order denying the appointment of a receiver. Appellant, the holder of a mortgage which is in default, established that the rents and profits are part of the security for the mortgage and that the appellee mortgagor is receiving rents and profits but is failing to apply them to the mortgage debt. In addition, the appellee mortgagor is insolvent. We therefore reverse for the appointment of a receiver. Carolina Portland Cement Co. [592]*592v. Baumgartner, 99 Fla. 987, 128 So. 241 (1930)(reversing an order denying appointment of a receiver under similar facts).

WARNER, KLEIN and MAY, JJ., concur.

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PER CURIAM.

We reverse an order denying the appointment of a receiver. Appellant, the holder of a mortgage which is in default, established that the rents and profits are part of the security for the mortgage and that the appellee mortgagor is receiving rents and profits but is failing to apply them to the mortgage debt. In addition, the appellee mortgagor is insolvent. We therefore reverse for the appointment of a receiver. Carolina Portland Cement Co. [592]*592v. Baumgartner, 99 Fla. 987, 128 So. 241 (1930)(reversing an order denying appointment of a receiver under similar facts).

WARNER, KLEIN and MAY, JJ., concur.

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812 So. 2d 591, 2002 Fla. App. LEXIS 4279, 2002 WL 491948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smilack-v-slizyk-fladistctapp-2002.

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