Whud Real Estate Ltd. Partnership v. Oak Grove, Ltd.

699 So. 2d 842, 1997 Fla. App. LEXIS 11112, 1997 WL 600202

Opinion

PER CURIAM.

We cannot conclude on the record before us that the lower court’s refusal to compel the appellee’s deposit of rents into the court’s registry pending final adjudication was a clear abuse of discretion granted under section 697.07(4), Florida Statutes (1995). Nor can we find error in the court’s denial of an assignment of the rents to the appellants pursuant to section 697.07(3) where the court correctly determined that there was a bona fide dispute between the parties as to whether the appellee was in default of the mortgage. Accordingly, we affirm the non-final order under review.

Affirmed.