3031 INVESTMENT V. OCEAN BANK

State: Florida

Court: Florida Third District Court

Docket No: 09-2362

Case Date: 12/16/2009

Preview:Third District Court of Appeal
State of Florida, July Term, A.D. 2009
Opinion filed December 16, 2009. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D09-2362 Lower Tribunal No. 09-27209 ________________

3031 Investment Corporation,
Appellant, vs.

Ocean Bank,
Appellee.

An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Valerie Manno Schurr, Judge. Buchanan Ingersoll & Rooney, Richard A. Morgan and Kelly A. McGovern, for appellant. Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Stephanie Reed Traband and Mark R. King, for appellee.

Before COPE, GERSTEN, and SHEPHERD, JJ. SHEPHERD, J.

Affirmed. See Keybank Nat'l Ass'n v. Knuth Ltd., 15 So. 3d 939 (Fla. 3d DCA 2009); Atco Constr. & Dev. Corp. v. Beneficial Sav. Bank, 523 So. 2d 747, 750 (Fla. 5th DCA 1988) ("[A] court of equity should appoint a receiver unless the mortgagor makes it clear that the real property covered by the mortgage will sell for enough to pay the debt and charges due the mortgagee and thus affords ample and entirely adequate security.").

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