Mann v. Stein, 78-1270
| Decision Date | 09 January 1980 |
| Docket Number | No. 78-1270,78-1270 |
| Parties | David M. MANN, Appellant, v. David J. STEIN, Denise D. Small, and Covenant Development Corporation ofFlorida, Inc., Appellees. |
| Court | Florida District Court of Appeals |
Judith H. Hayes of Heiman & Heiman, Miami, for appellant.
Richard A. Purdy of Shailer, Purdy & Driver, Fort Lauderdale, for appellees.
This is an interlocutory appeal from an order of the trial court appointing a receiver for appellee corporation.
The review of non-final orders of lower tribunals is severely limited by the terms of Rule 9.130, Florida Rules of Appellate Procedure. The language of the rule specifically includes an order granting, continuing, modifying or dissolving an injunction; it does not specifically refer to the appointment of or the refusal to appoint a receiver. Further, the rule provides relief where the issue is the right to immediate possession of property. We think this refers to possession by a party with an adverse interest and not to possession by the court. It would have been a simple matter to make the appointment of or the refusal to appoint a receiver a basis for review of a non-final order. This was not done, and we are of the opinion that it was intentional. Accordingly, we decline to take jurisdiction.
APPEAL DISMISSED.
In my opinion we have jurisdiction to review the appealed order so I would not dismiss the appeal. I think the matter should be decided on its merits.
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Konover Realty Associates, Ltd. v. Mladen
...Ass'n, 509 So.2d 1352 (Fla. 4th DCA 1987), the fourth district has overruled its previously held view to the contrary in Mann v. Stein, 379 So.2d 978 (Fla. 4th DCA 1980) (order reviewable under (C)(ii) only if possession is granted to opposing party), cert. denied, 389 So.2d 1112 (Fla.1980)......
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Florida Reinvestment Corp. v. Cypress Sav. Ass'n, 4-86-2503
...does--is reviewable under the rule mentioned above. We agree with our companion court. An older opinion of this court, Mann v. Stein, 379 So.2d 978 (Fla. 4th DCA 1980), stated this court did not believe the rule applied when the court, as distinguished from an adverse party, was given posse......
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Thunderbird, Ltd. v. Great American Ins. Co., BD-467
...of the Thunderbird Hotel during the pendency of the underlying mortgage foreclosure action. Relying primarily on Mann v. Stein, 379 So.2d 978 (Fla. 4th DCA 1980), appellee asserts that an order appointing a receiver is not the type of order contemplated by Rule 9.130(a)(3)(C)(ii) of Florida......
- David M. Mann v. David J. Stein