Mall Bank v. State ex rel. Dept. of Ins., No. BA-415

CourtCourt of Appeal of Florida (US)
Writing for the CourtSHIVERS
Citation462 So.2d 519,10 Fla. L. Weekly 94
Docket NumberNo. BA-415
Decision Date03 January 1985
Parties10 Fla. L. Weekly 94 The MALL BANK, Appellant, v. STATE of Florida, ex rel., The DEPARTMENT OF INSURANCE of the State of Florida, and Florida General Life Insurance Company, Appellees.

Page 519

462 So.2d 519
10 Fla. L. Weekly 94
The MALL BANK, Appellant,
v.
STATE of Florida, ex rel., The DEPARTMENT OF INSURANCE of the State of Florida, and Florida General Life Insurance Company, Appellees.
No. BA-415.
District Court of Appeal of Florida,
First District.
Jan. 3, 1985.
Rehearing Denied Feb. 13, 1985.

Peter J. Aldrich, Gunster, Yoakley, Criser & Stewart, P.A., Palm Beach, for appellant.

Chester G. Senf, Tallahassee, for appellees.

SHIVERS, Judge.

This is an interlocutory appeal from the denial of The Mall Bank's motion to dismiss for improper venue. We affirm.

Florida General Insurance Company (the Insurer) maintained a deposit account with The Mall Bank (the Bank). On January 3, 1983, the Insurer executed an agreement with the Bank to guarantee a $340,000 loan made by the Bank to the Insurer's parent holding company, Fiduciary and General Corporation. On March 31, upon application by the Florida Department of Insurance (the Department), the Leon County Circuit Court issued an order to show cause on the appointment of a receiver and entered an order of seizure enjoining all persons from wasting the Insurer's assets and directing the Department to take immediate possession thereof. On that same day, the Bank withdrew $323,635.76 from the Insurer's account as payment on the loan it had guaranteed. On April 7, upon demand by the Department, these funds were restored.

On April 11, 1983, the Leon County Circuit Court issued an order appointing the Department as Receiver of the Insurer. The order contained directions of seizure and injunction similar to those contained in the March 31 order. When the Department demanded payment by the Bank of the Insurer's deposit account funds, the Bank first set off the balance due it on the loan. After the Bank's repeated refusals to pay over the funds, it was joined as a party to the delinquency proceedings.

Subsection (3) of Section 631.261, Florida Statutes, "Voidable transfers," provides:

Page 520

(3) The department as receiver in any proceeding under this chapter may avoid any transfer of or lien upon the property of an insurer which any creditor, stockholder, subscriber, or member of such insurer might have avoided and may recover the property so transferred unless such person was a bona fide holder for value prior to the date of the entering of an order to show cause under this chapter. Such property or its value may be recovered from anyone who has received it except a bona fide...

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6 practice notes
  • Conner v. Mid-Florida Growers, Inc., MID-FLORIDA
    • United States
    • Court of Appeal of Florida (US)
    • March 31, 1989
    ...there. A subsequent enforcement proceeding is properly brought in the same venue. Mall Bank v. State ex rel. Department of Insurance, 462 So.2d 519 (Fla. 1st DCA Conner also claims that the writ of mandamus seeks to compel actions which he is constitutionally unable to perform because they ......
  • Nova Ins. Group, Inc. v. Florida Dept. of Ins., No. 91-2554
    • United States
    • Court of Appeal of Florida (US)
    • September 11, 1992
    ...and thus not in the receivership estate, in the court administering the receivership. But cf., Mall Bank v. State ex rel. Dept. of Ins., 462 So.2d 519, 520 (Fla. 1st DCA 1985) and Sunset Commercial Bank, 509 So.2d at 367 (construing section 631.181 to require the filing of all claims agains......
  • Florida Dept. of Ins v. Chase Bank of Tex., No. 4:02CV297-RH.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Florida
    • December 10, 2002
    ...claim within this delinquency proceeding—whether or not proper—was not frivolous. See, e.g., Mall Bank v. Florida ex rel. Dep't of Ins., 462 So.2d 519 (Fla.App.2d DCA 1985) (treating claim by receiver against bank as properly asserted within delinquency proceeding and rejecting assertion th......
  • Capitol Fidelity Life Ins. Co. v. State ex rel. Dept. of Ins., No. BH-335
    • United States
    • Florida District Court of Appeals
    • November 5, 1985
    ...is ancillary to the original action and venue of the original action applies. Mall Bank v. State ex rel. Department of Insurance, 462 So.2d 519 (Fla. 1st DCA 1985); Flagship National Bank v. Commercial Bank & Trust Company, 428 So.2d 361 (Fla. 3d DCA Appellants further assert the trial cour......
  • Request a trial to view additional results
6 cases
  • Conner v. Mid-Florida Growers, Inc., MID-FLORIDA
    • United States
    • Court of Appeal of Florida (US)
    • March 31, 1989
    ...there. A subsequent enforcement proceeding is properly brought in the same venue. Mall Bank v. State ex rel. Department of Insurance, 462 So.2d 519 (Fla. 1st DCA Conner also claims that the writ of mandamus seeks to compel actions which he is constitutionally unable to perform because they ......
  • Nova Ins. Group, Inc. v. Florida Dept. of Ins., No. 91-2554
    • United States
    • Court of Appeal of Florida (US)
    • September 11, 1992
    ...and thus not in the receivership estate, in the court administering the receivership. But cf., Mall Bank v. State ex rel. Dept. of Ins., 462 So.2d 519, 520 (Fla. 1st DCA 1985) and Sunset Commercial Bank, 509 So.2d at 367 (construing section 631.181 to require the filing of all claims agains......
  • Florida Dept. of Ins v. Chase Bank of Tex., No. 4:02CV297-RH.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Florida
    • December 10, 2002
    ...claim within this delinquency proceeding—whether or not proper—was not frivolous. See, e.g., Mall Bank v. Florida ex rel. Dep't of Ins., 462 So.2d 519 (Fla.App.2d DCA 1985) (treating claim by receiver against bank as properly asserted within delinquency proceeding and rejecting assertion th......
  • Capitol Fidelity Life Ins. Co. v. State ex rel. Dept. of Ins., No. BH-335
    • United States
    • Florida District Court of Appeals
    • November 5, 1985
    ...is ancillary to the original action and venue of the original action applies. Mall Bank v. State ex rel. Department of Insurance, 462 So.2d 519 (Fla. 1st DCA 1985); Flagship National Bank v. Commercial Bank & Trust Company, 428 So.2d 361 (Fla. 3d DCA Appellants further assert the trial cour......
  • Request a trial to view additional results

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