Nat'l P'ship Inv. Corp. v. Nat'l Hous. Dev. Corp., 153 F.3d 1289 (11th Cir. 1998). · Go Syfert
Nat'l P'ship Inv. Corp. v. Nat'l Hous. Dev. Corp., 153 F.3d 1289 (11th Cir. 1998). Cases Citing This Book View Copy Cite
65 citation events (62 in the last 25 years) across 24 distinct courts.
Strongest positive: Big Shoulders Capital LLC v. San Luis & Rio Grande Railroad, Inc. (ilnd, 2019-11-18)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 31 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Big Shoulders Capital LLC v. San Luis & Rio Grande Railroad, Inc.
N.D. Ill. · 2019 · quote attribution · 1 verbatim quote · confidence high
of those circuits that have directly addressed the issue, each has held that the appointment of a receiver in a diversity action is governed by federal law.
discussed Cited as authority (verbatim quote) Aca Fin. Guaranty Corp. v. City of Buena Vista
W.D. Va. · 2018 · quote attribution · 1 verbatim quote · confidence high
first and foremost, the appointment of a receiver in equity is not a substantive right; rather, it is an ancillary remedy which does not affect the ultimate outcome of the action.
discussed Cited as authority (verbatim quote) Canada Life Assuranc v. Lapeter (2×) also: Cited as authority (rule)
9th Cir. · 2009 · quote attribution · 1 verbatim quote · confidence high
court of appeals should review a district court's decision to appoint a receiver for an abuse of discretion.
discussed Cited as authority (verbatim quote) Canada Life Assurance Co. v. LaPeter (2×) also: Cited as authority (rule)
9th Cir. · 2009 · quote attribution · 1 verbatim quote · confidence high
court of appeals should review a district court's decision to appoint a receiver for an abuse of discretion.
discussed Cited as authority (verbatim quote) Canada Life Assurance v. Lapeter (2×) also: Cited as authority (rule)
9th Cir. · 2009 · quote attribution · 1 verbatim quote · confidence high
court of appeals should review a district court's decision to appoint a receiver for an abuse of discretion.
discussed Cited as authority (quoted) FTE Networks, Inc. v. Szkaradek
D. Del. · 2023 · quote attribution · 1 verbatim quote · confidence low
to the extent rule 66 dictates what principles should be applied to federal receiverships, courts must comply with the rule even in the face of differing state law
discussed Cited as authority (rule) U.S. Bank National Association, as Trustee for the Registered Holders of J.P. Morgan Chase Commercial Mortgage Securities Corp., Multifamily Mortgage Pass-Through Certificates, Series 2018-KX03 v. Chenango Place, LLC, Rachel Schiff, Abraham Gross, and Broome County Industrial Development Agency
N.D.N.Y. · 2026 · confidence medium
Corp., 153 F.3d 1289, 1291-93 (11th Cir. 1998) (summarizing the consensus among federal courts that appointment of a receiver is a procedural issue governed by federal law and discussing "the primacy of federal law" in receivership cases).
cited Cited as authority (rule) KS StateBank Corporation v. Kathleen K. Peters, et al.
D. Ariz. · 2025 · confidence medium
Dev. 16 Corp., 153 F.3d 1289, 1291 (11th Cir. 1998)).
cited Cited as authority (rule) ICON PSG 1 FL, LLC v. JENKINS COURT REALTY CO., L.P.
E.D. Pa. · 2025 · confidence medium
Corp., 153 F.3d 1289, 1291-92 (11th Cir. 1998); Aviation Supply Corp. v. R.S.B.I.
cited Cited as authority (rule) First Horizon Bank v. Premier Holdings, LLC (LEAD)
M.D. Ala. · 2025 · confidence medium
Corp., 153 F.3d 1289, 1292 (11th Cir. 1998).
cited Cited as authority (rule) Peyton v. Grant
S.D. Fla. · 2024 · confidence medium
Corp., 153 F.3d 1289, 1292 (11th Cir. 1998); see also Fed.
cited Cited as authority (rule) Deutsche Bank Trust Company Americas, as Trustee for the Registered Holders of WFRBS Commercial Mortgage Trust 2013-C18, Commercial Mortgage Pass-Through Certificates, Series 2013-C18 v. Royersford Hotel Group, LLC
E.D. Pa. · 2024 · confidence medium
Corp., 153 F.3d 1289, 1291-92 (11th Cir. 1998); Aviation Supply Corp. v. R.S.B.I.
discussed Cited as authority (rule) FTE Networks, Inc. v. Szkaradek
D. Del. · 2024 · confidence medium
Corp., 153 F.3d 1289, 1291 (11th Cir. 1998); Aviation Supply Corp. v. R.S.B.I Aerospace, Inc., 999 F.2d 314, 316 (8th Cir. 1993).4 The decision whether to appoint a receiver lies within the discretion of the trial court.
discussed Cited as authority (rule) Bank of America, N.A. v. Keith D. Jones
11th Cir. · 2022 · confidence medium
Corp., 153 F.3d 1289, 1292 (11th Cir. 1998) (“[A] court of appeals should review a district court’s decision to appoint a 3 The Joneses also assert that the district court failed to cite a legal standard when granting permanent injunctive relief.
cited Cited as authority (rule) Green Hills Development Company, LLC v. Oppenheimer Funds, Inc.
S.D. Miss. · 2022 · confidence medium
Corp., 153 F.3d 1289, 1291 (11th Cir. 1998); U.S. Bank Nat’l Ass’n v. Lakeview Retail Prop.
cited Cited as authority (rule) BOKF, N.A. v. Gordon Jensen Health Care Association, Inc.
S.D. Ala. · 2021 · confidence medium
Corp. v. National Housing Development Corp., 153 F.3d 1289, 1291-92 (11th Cir. 1998);4 Fed.
cited Cited as authority (rule) CCUR Aviation Finance, LLC v. Machado
S.D. Fla. · 2021 · confidence medium
Corp. v. National Housing Development Corp., 153 F.3d 1289, 1291 (11th Cir. 1998); see also Hutchinson v. Fidelity Inv.
cited Cited as authority (rule) Comerica Bank v. Everglades Dressage, LLC
S.D. Fla. · 2021 · confidence medium
Corp., 153 F.3d 1289, 1291 (11th Cir. 1998) (emphasis added).
discussed Cited as authority (rule) Morgan Stanley Smith Barney LL v. Christopher Johnson
8th Cir. · 2020 · confidence medium
Corp., 153 F.3d 1289, 1291 (11th Cir. 1998). “[A]lthough a state statute may provide a vehicle for the appointment of a receiver, such a statute does not change the nature of the federal courts’ equitable powers.” Canada Life Assurance Co. v. LaPeter, 563 F.3d 837, 843 (9th Cir. 2009); see 12 C.
discussed Cited as authority (rule) KeyBank National Association v. Monolith Solar Associates LLC
N.D.N.Y. · 2020 · confidence medium
Corp., 153 F.3d 1289, 1291 (11th Cir. 1998) (noting "the primacy of federal law in the practice of federal receiverships").4 4 That said, it is of course true that the receiver himself is bound to manage the receivership in accordance with the laws of the state in which the property sits. 28 U.S.C. § 959 (b) (binding a receiver to adhere to "the requirements of the valid laws of the [s]tate in which such property is situated" in administering the receivership property); Resolution Tr.
cited Cited as authority (rule) WILMINGTON TRUST, NATIONAL ASSOCIATION v. 1800 16TH STREET, LLC
E.D. Pa. · 2020 · confidence medium
Corp. v. National Housing Development Corp., 153 F.3d 1289, 1291-92 (11th Cir. 1998); Aviation Supply Corp. v. R.S.B.I.
cited Cited as authority (rule) Wilmington Trust, National Association v. Homes4Families, LLC
D. Maryland · 2019 · confidence medium
Corp., 153 F.3d 1289, 1291 (11th Cir. 1998)).
discussed Cited as authority (rule) Taylor v. Bettis
E.D.N.C. · 2013 · confidence medium
Corp. v. Nat’l Housing Development Corp., 153 F.3d 1289, 1291-92 (11th Cir.1998) (concluding that federal law governs the appointment of a receiver in a diversity case); Aviation Supply Corp. v. R.S.B.I.
cited Cited as authority (rule) New York Community Bank v. Sherman Avenue Associates, LLC
D.D.C. · 2011 · confidence medium
Corp., 153 F.3d 1289, 1291-92 (11th Cir. 1998) (same); Aviation Supply Corp. v. R.S.B.I.
cited Cited as authority (rule) New York Community Bank v. Sherman Avenue Associates, LLC
D.D.C. · 2011 · confidence medium
Corp., 153 F.3d 1289, 1291-92 (11th Cir.1998) (same); Aviation Supply Corp. v. R.S.B.I.
discussed Cited as authority (rule) First Bank Business Capital, Inc. v. Agriprocessors, Inc.
N.D. Iowa · 2009 · confidence medium
Corp., 153 F.3d 1289, 1291 (11th Cir.1998) ("[T]he appointment of a receiver in equity is not a substantive right; rather, it is an ancillary remedy which does not affect the ultimate outcome of the action.”); ABM Janitorial Servs.-N. Central, Inc. v. PAMI Ryan Town Centre LLC, Nos. 08-CV-100-LRR & 08-CV-123-LRR, 601 F.Supp.2d 1111, 1116-17 , 2008 WL 4690597, *5 (N.D.Iowa Oct. 22, 2008) (holding application for receiver in a complaint is not a "cause of action”). 2 .
discussed Cited as authority (rule) Biliouris v. Sundance Resources, Inc.
N.D. Tex. · 2008 · confidence medium
Corp., 153 F.3d 1289, 1291 (11th Cir.1998) (holding that federal law exclusively governs “the appointment of a receiver pendente lite” and that such a result “does not conflict with the Erie doctrine’s requirement that state law apply to matters of substance”); New York Life Ins.
cited Cited as authority (rule) World Fuel Services Corp. v. Moorehead
N.D. Tex. · 2002 · confidence medium
National Partnership Investment Corp. v. National Housing Development Corp., 153 F.3d 1289, 1291-92 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Quintana-Aguayo
1st Cir. · 2000 · confidence medium
See also In the Matter of McGaughey, 24 F.3d 904, 907 (7th Cir.1994)(federal court has inherent power to appoint receiver to manage defendant's assets pending litigation); National Partnership Investment Corp., v. National Housing Development Corp., 153 F.3d 1289, 1291 (11th Cir.1998)(appointment of receiver in equity is an ancillary remedy). 9 .
cited Cited as authority (rule) Sterling v. Stewart
11th Cir. · 1998 · confidence medium
Corp., 153 F.3d 1289, 1291-92 (11th Cir.1998). *1202 This court reviews the appointment for abuse of discretion.
cited Cited as authority (rule) Sterling v. Stewart
11th Cir. · 1998 · confidence medium
Corp., 153 F.3d 1289, 1291-92 (11th Cir. 1998).
Retrieving the full opinion text from the archive…
NATIONAL PARTNERSHIP INVESTMENT CORP., a California Corporation, as the Managing General Partner of National Corporate Tax Credit Fund V, a California Limited Partnership and National Tax Credit Management Corp. I, a California Corporation, Plaintiff-Appellee,
v.
NATIONAL HOUSING DEVELOPMENT CORPORATION, a Florida Non-Profit Corporation, Defendant-Appellant
97-5178.
Court of Appeals for the Eleventh Circuit.
Sep 10, 1998.
153 F.3d 1289
Elaine Johnson James, Grégory L. Scott, Nason, Yeager, Gerson, White & Lioce, P.A., West Palm Beach, FL, for Defendant-Appellant., Stanley A. Beiley, Miami, FL, for Plaintiff-Appellee.
Hatchett, Black, Kravitch.
Cited by 37 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 69%
Citer courts: D. Delaware (1)
BLACK, Circuit Judge:

DefendanL-Appellant National Housing Development Corp. (NHDC) appeals the district court’s order appointing a receiver pen-dente lite in this foreclosure action. The appeal raises two narrow questions of law: (1) whether the appointment of a receiver by a federal court exercising diversity jurisdiction is governed by state or federal law; and (2) what standard of review this Court should apply in reviewing the appointment of a receiver. We conclude that federal law governs the appointment of a receiver and that the decision of the district court should be reviewed for an abuse of discretion. Applying these principles to the present case, we affirm the order of the district court.

I. BACKGROUND

NHDC is the operating general partner of Mangonia Residence I, Ltd. (‘the Partnership’). The Partnership is a Florida limited partnership that was organized in 1994 to build and lease a 252-unit apartment complex for low income elderly persons in West Palm Beach, Florida.

Plaintiff-Appellee National Partnership Investment Corp. (NAPICO) is the managing general partner of National Corporate Tax Credit Fund V (NCTCV). NCTCV is a limited partner in the Partnership with a 98.9% ownership interest. Plaintiff-Appellee National Tax Credit Management Corp. I (NTC) is a special limited partner in the Partnership with a 0.1% interest. NHDC owns the remaining 1% interest in the Partnership.

NAPICO and NTC (Appellees) brought this diversity action against NHDC to foreclose their security interest in NHDC’s 1% share of the Partnership. Appellees also filed an emergency motion to oust NHDC as the operating general partner and to appoint a receiver to take charge of the Partnership. The district court issued an interlocutory order appointing a receiver pendente lite. NHDC appeals that order pursuant to 28 U.S.C. § 1292(a)(2).

II. ANALYSIS

NHDC contends that the appointment of a receiver in a diversity - ease is governed by state substantive law in accordance with Erie Railroad Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938). NHDC favors application of Florida law in the present case because the standards governing the appointment of a receiver under Florida law[*1291] are arguably more stringent than under federal law. Compare McAllister Hotel, Inc. v. Schatzberg, 40 So.2d 201, 202-03 (Fla. 1949) (emphasizing the need to show insolvency or fraud before a receiver will be appointed), with Consolidated Rail Corp. v. Fore River Ry. Co., 861 F.2d 322, 326-27 (1st Cir. 1988) (discussing six factors federal courts may consider in determining whether to appoint a receiver). NHDC further asserts that this Court should conduct a de novo review of the district court’s decision to appoint a receiver.

Appellees argue that federal law governs the appointment of a receiver in a diversity case. Appellees also assert that this Court should review the decision to appoint a receiver for an abuse of discretion.

A. What Lato Governs

As the First Circuit noted in Chase Manhattan Bank, N.A. v. Turabo Shopping Center, Inc., 683 F.2d 25, 26 (1st Cir.1982), “[m]ost federal court decisions dealing with the appointment of a receiver pendente lite appear to apply federal law without discussion.” Of those circuits that have directly addressed the issue, each has held that the appointment of a receiver in a diversity action is governed by federal law. See Aviation Supply Corp. v. R.S.B.I. Aerospace, Inc., 999 F.2d 314, 316 (8th Cir. 1993); Turabo, 683 F.2d at 26; see also Resolution Trust Corp. v. Fountain Circle Assocs. Ltd. Partnership, 799 F.Supp. 48, 50 (N.D.Ohio 1992); New York Life Ins. Co. v. Watt West Inv. Corp., 755 F.Supp. 287, 289-90 (E.D.Cal.1991). Commentators generally approve of the conclusion reached by these courts. See 12 Charles Alan Wright et al., Federal Practice and Procedure § 2983, at 33-35 (2d ed.1997); 13 James Wm. Moore et al., Moore’s Federal Practice ¶ 66.09 (3d ed.1998).

The conclusion that federal law governs the appointment of receivers is based on several considerations. First and foremost, the appointment of a receiver in equity is not a substantive right; rather, it is an ancillary remedy which does not affect the ultimate outcome of the action. Pusey & Jones Co. v. Hanssen, 261 U.S. 491, 497, 43 S.Ct. 454, 456, 67 L.Ed. 763 (1923). The conclusion that federal law governs the appointment of a receiver thus does not conflict with the Erie doctrine’s requirement that state law apply to matters of substance. New York Life, 755 F.Supp. at 291, 12 Wright § 2983, at 34; 13 Moore ¶ 66.09; see also Skelly Oil Co. v. Phillips Petroleum Co., 339 U.S. 667, 674, 70 S.Ct. 876, 880, 94 L.Ed. 1194 (1950) (noting that, in a diversity case, a declaratory remedy may be given by a federal court even if that remedy is unavailable in state court); Guaranty Trust Co. of New York v. York, 326 U.S. 99, 65 S.Ct. 1464, 89 L.Ed. 2079 (1945) (stating that the equity power of a federal court exercising diversity jurisdiction cannot be equated with state law under the Erie doctrine).

Second, Federal Rule of Civil Procedure 66 [1] and the accompanying Advisory Committee’s Note [2] assert the primacy of federal law in the practice of federal receiverships. New York Life, 755 F.Supp. at 289-90, 12 Wright § 2983, at 35. Thus, to the extent Rule 66 dictates what principles should be applied to federal receiverships, courts must comply with the Rule even in the face of differing state law. See Hanna v. Plumer, 380 U.S. 460, 471, 85 S.Ct. 1136, 1144, 14 L.Ed.2d 8 (1965) (stating that in a diversity ease, “[w]hen a situation is covered by one of the Federal Rules, ... the court has been instructed to apply the Federal Rule, and can refuse to do so only if the Advisory Committee, this Court, and Congress erred in their prima facie judgment that the Rule in question transgresses neither the terms of the Enabling Act nor constitutional restric[*1292] tions.”); see also 12 Wright § 2983, at 34 (stating that the conclusion that federal law governs the appointment of a receiver is consistent with Hanna ). [3]

We therefore hold that federal law governs the appointment of a receiver by a federal court exercising diversity jurisdiction. ..

B. Standard of Review

Courts.and commentators agree not only that federal law governs the appointment of a receiver, but also that a court of appeals should review a district court’s decision to appoint a receiver for an abuse of discretion. See Aviation Supply Corp, 999 F.2d at 317; Lyman v. Spain, 774 F.2d 495, 497 (D.C.Cir. 1985); Turabo, 683 F.2d at 27; Mintzer v. Arthur L. Wright & Co., 263 F.2d 823, 825 (3d Cir. 1959); 13 Moore ¶ 66.07[3]; 12 Wright § 2983, at 30-31. We agree with these authorities and hold that the decision to appoint a receiver should be reviewed for an abuse of discretion.

After reviewing the record and briefs in this case, we conclude that the district court did not abuse its discretion in appointing a receiver pendente lite.

III. CONCLUSION

The appointment of a receiver by a federal court exercising diversity jurisdiction is governed by federal law. This Court reviews the decision to appoint a receiver for an abuse of discretion. In this case, the district court did not abuse its discretion.

•AFFIRMED.

1

. Federal Rule of Civil Procedure 66 provides:

An action wherein a receiver has been appointed shall not be dismissed except by order of the court. The practice in the administration of estates by receivers or by other similar officers appointed by the court shall be in accordance with the practice heretofore followed in the courts of the United States or as provided in rules promulgated by the district courts. In all other respects the action in which the appointment of a receiver is sought or which is brought by or against a receiver is governed by these rules.
2

. The Advisory Committee’s Note indicates that "[t]he last sentence added to Rule 66 assures the . application of the rules in all matters except actual administration of the receivership estate itself.”

3

. NHDC contends that in Strickland v. Peters, 120 F.2d 53, 56 (5th Cir.1941), this Court concluded state law should govern the appointment of a receiver. The Strickland Court, however, never directly addressed whether state or federal law applies to the appointment of a receiver. Any such statement or implication drawn from Strickland .is therefore dicta and not controlling.