CopyCited 42 times | Published | Court of Appeals for the Eleventh Circuit | 38 Fed. R. Serv. 3d 84, 1997 U.S. App. LEXIS 17062
...o satisfy the notice and hearing dictates of
Rule 56."); Milburn v. United States,
734 F.2d 762, 765 (11th Cir.1984) ("This circuit strictly
enforces the 10-day notice requirement for all litigants."); 11 James Wm. Moore, Moore's Federal
Practice §
56.10[2][b] (3d ed....
CopyCited 7 times | Published | Florida 4th District Court of Appeal
...Under such circumstances summary judgment should be denied and leave to amend should be granted. City of Pinellas Park v. Cross-State Utilities Co., Fla.App. 1965,
176 So.2d 384. See Rossiter v. Vogel, 2 Cir.1943,
134 F.2d 908, 912. 6 Moore's Federal Practice, 2d, §
56.10 (1965)....
CopyCited 1 times | Florida 3rd District Court of Appeal
...Appellant, Merco Group at Akoya, Inc., the corporate judgment debtor
in proceedings supplementary involving an unsatisfied final judgment
rendered following a nearly decade-old default, appeals from an order
appointing a post-judgment receiver under section 56.10, Florida Statutes
(2025), at the request of appellee, General Computer Services, Inc., the
judgment creditor. Casting aside the fact that there is no transcript of the
pivotal hearing, the cases cited in furtherance of relief are inapposite
because the language of section 56.10, Florida Statutes, plainly authorizes
the trial court to appoint a receiver for the corporate judgment debtor for the
purpose of collecting the unsatisfied judgment. See § 56.10, Fla....
CopyPublished | Florida 3rd District Court of Appeal
...The judgment was assigned to Casa Financial
Holdings, LLC (“Casa Financial”) in August 2021. Casa Financial obtained a
Judgment Lien Certificate and had the Clerk of the Circuit Court issue a writ
of execution.
Brookview did not pay the judgment, so on September 2, 2021, Casa
Financial, pursuant to sections
56.10 and
56.29 of the Florida Statutes, filed
a post-judgment motion seeking to invoke proceedings supplementary and
2
have a receiver appointed for Brookview....
...and
commenced proceedings supplementary. On September 13, 2021, the trial
court entered a post-judgment receivership order, appointing a receiver for
Brookview. The order specifically acknowledges that the receivership is
authorized by sections
56.10 and
56.29....
...has had no further involvement with this case at either the trial court level or
in this Court’s appellate proceedings.
4
The trial court initially appointed a receiver pursuant to the authority of
section
56.10, 3 in a post-judgment proceeding supplementary initiated
pursuant to section
56.29....
...ceiver for the
corporate judgment debtor. A receiver so appointed is subject to
the rules prescribed by law for receivers of the property of other
judgment debtors. His or her power shall extend throughout the
state.
§ 56.10, Fla....
...receiver and to establish the receiver’s duties, see Granada Lakes Villas
Condo. Ass’n v. Metro-Dade Invs. Co.,
125 So. 3d 756, 758 (Fla. 2013);
Puma Enters. Corp.,
566 So. 2d at 1344, nothing in chapter 56 authorizes a
receivership created pursuant to section
56.10 to continue beyond the
satisfaction of the outstanding judgment that triggers availability of
proceedings supplementary; and nothing in either chapter 56 or chapter 718
authorizes a section
56.10 receiver, after satisfaction of a judgment against
a condominium association, to take over plenary operations of the
condominium association.
To be clear, pursuant to the initial receivership order, the receiver owed
fiduciary...
