State, Department of Insurance v. Federal Deposit Insurance Corp.

District Court of Appeal of Florida

State, Department of Insurance v. Federal Deposit Insurance Corp.

610 So. 2d 695, 1992 Fla. App. LEXIS 12835

CourtDistrict Court of Appeal of Florida

DecidedDecember 22, 1992

DocketNo. 92-785

StatusPublished

Cited by1 cases

This text of 610 So. 2d 695 (State, Department of Insurance v. Federal Deposit Insurance Corp.) 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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State, Department of Insurance v. Federal Deposit Insurance Corp., 610 So. 2d 695, 1992 Fla. App. LEXIS 12835 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

We affirm the trial court’s order granting the motion by the Federal Deposit Insurance Corporation (FDIC) as receiver for First American Bank & Trust, North Palm Beach, Florida and dismissing, for lack of subject matter jurisdiction, the claims against it brought by National United Insurance Company (National). The trial court correctly concluded that under the instant facts it had no subject matter jurisdiction pursuant to 12 U.S.C. § 1821 (1989 & Supp.1992), over National’s claim against FDIC, raised after the receiver was already in existence. Such claims, following exhaustion of the claims requirements, must be commenced or continued in the United States District Court for the district within which the depository institution’s principal place of business is located or in the United States District Court for the District of Columbia. 12 U.S.C. § 1821(d)(6)(A) (1989 & Supp.1992).

Accordingly, the order under review is affirmed.

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PER CURIAM.

We affirm the trial court’s order granting the motion by the Federal Deposit Insurance Corporation (FDIC) as receiver for First American Bank & Trust, North Palm Beach, Florida and dismissing, for lack of subject matter jurisdiction, the claims against it brought by National United Insurance Company (National). The trial court correctly concluded that under the instant facts it had no subject matter jurisdiction pursuant to 12 U.S.C. § 1821 (1989 & Supp.1992), over National’s claim against FDIC, raised after the receiver was already in existence. Such claims, following exhaustion of the claims requirements, must be commenced or continued in the United States District Court for the district within which the depository institution’s principal place of business is located or in the United States District Court for the District of Columbia. 12 U.S.C. § 1821(d)(6)(A) (1989 & Supp.1992).

Accordingly, the order under review is affirmed.

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610 So. 2d 695, 1992 Fla. App. LEXIS 12835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-department-of-insurance-v-federal-deposit-insurance-corp-fladistctapp-1992.

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