03-1362 2275 WEAR CORP. V. AMERICAN BANKERS

State: Florida

Court: Florida Third District Court

Docket No: 03-1362 2275 WEAR CORP. V. AMERICAN BANKERS

Case Date: 09/24/2003

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2003

2275 WEST CORPORATION, Appellant, vs.

** ** ** CASE NO. 3D03-1362 3D03-1256

AMERICAN BANKERS LIFE ** ASSURANCE COMPANY OF FLORIDA, ** Appellee. **

LOWER TRIBUNAL CASE NO. 02-5926

Opinion filed September 24, 2003. An appeal of a non-final order from the Circuit Court of Miami-Dade County, Barbara S. Levenson, Judge. Keith D. Diamond; Bambi G. Blum, for appellant. Akerman Senterfitt and A. Rodger Traynor, Jr., for appellee. Before COPE, GREEN, and FLETCHER, JJ. PER CURIAM. In this foreclosure action, 2275 West Corporation [West] appeals (1) an order granting American Bankers Life Assurance Company's emergency motion for sequestration of rents, and (2) a subsequent order denying a motion to vacate the sequestration order. West also seeks a writ of prohibition in connection with

the denial of its motion for disqualification of the trial judge.

We find no significant procedural or substantive error in the trial court's rulings on the motion for sequestration of rents. We, therefore, affirm the orders appealed. Similarly, because we find no basis for judicial

disqualification in this case, we deny the petition for writ of prohibition.

2

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