Florida Statute 714.03 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 714
UNIFORM COMMERCIAL REAL ESTATE RECEIVERSHIP ACT

View Entire Chapter

F.S. 714.03

714.03 Notice and opportunity for hearing.—

(1) Except as otherwise provided in subsection (2), the court may issue an order under this chapter only after notice and opportunity for a hearing appropriate under the circumstances.

(2) The court may issue an order under this chapter without written or oral notice to the adverse party only if:

(a) It appears from the specific facts shown by affidavit or verified pleading or motion that immediate and irreparable injury, loss, or damage will result to the movant or that waste, dissipation, impairment, or substantial diminution in value will result to the subject real estate before any adverse party can be heard in opposition; and

(b) The movant’s attorney certifies in writing all efforts that have been made to give notice to all known adverse parties, or the reasons why such notice should not be required.

(3) Only an affidavit, a declaration or a verified pleading, or a motion may be used to support the application for the appointment of a receiver, unless the adverse party appears at the hearing or has received reasonable prior notice of the hearing. Every order appointing a receiver without notice must be endorsed with the date and hour of entry, must be filed forthwith in the clerk’s office, must define the injury, must state findings by the court as to why the injury may be irreparable, and must give the reasons why the order was granted without notice if notice was not given. The order appointing a receiver shall remain in effect until the further order of the court.

(4) This chapter does not displace any existing rule of procedural or judicial administration of this state governing service or notice, including, without limitation, Rule 1.070, Florida Rules of Civil Procedure, and Rule 2.525, Florida Rules of Judicial Administration, which shall remain in full force and effect.

History.—s. 1, ch. 2020-106.

F.S. 714.03 on Google Scholar

F.S. 714.03 on Casetext

Amendments to 714.03

Arrestable Offenses / Crimes under Fla. Stat. 714.03

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 714.03.

Annotations, Discussions, Cases:

Cases Citing Statute 714.03

Total Results: 9

ZAHAV REFI, LLC, ZAHAV FLORIDA, LLC, ZAHAV REFI I I, LLC, SP POOL 7 ZAHAV FL, LLC, BOG TWELVE ZAHAV FL, LLC, AND POOL7 ZAHAV FLORIDA, LLC v. WHITE HAWK ASSET MANAGEMENT, INC.

Court: District Court of Appeal of Florida | Date Filed: 2023-12-27

Snippet: reviewing the pertinent statutory provisions. Section 714.03(1) imposes the requirements of notice and opportunity

Halliburton Co. v. Eastern Cement Corp.

Court: District Court of Appeal of Florida | Date Filed: 1996-05-13

Citation: 672 So. 2d 844, 1996 WL 93682

Snippet: accepted and their value as warranted. Section 672.714(3) provides that incidental and consequential damages

Koplowitz v. Girard

Court: District Court of Appeal of Florida | Date Filed: 1995-08-09

Citation: 658 So. 2d 1183, 1995 WL 467828

Snippet: Kavanaugh, 350 So.2d 1090 (Fla. 3d DCA 1977); §§ 672.714(3), 672.715(2) Fla. Stat. (1993). In Storchwerke,

Ago

Court: Florida Attorney General Reports | Date Filed: 1991-02-19

Snippet: experience to carry out terms of contract); s. 944.714(3), F.S. (pursuant to terms of contract, private vendor

ADAM METAL SUPPLY v. Electrodex, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1980-09-03

Citation: 386 So. 2d 1316, 30 U.C.C. Rep. Serv. (West) 178

Snippet: damages in that amount as permitted by Section 672.714(3). Appellee's total damages were $1,961.40. Therefore

Bill Branch Chevrolet, Inc. v. Redmond

Court: District Court of Appeal of Florida | Date Filed: 1980-01-04

Citation: 378 So. 2d 319, 28 U.C.C. Rep. Serv. (West) 56, 1980 Fla. App. LEXIS 15413

Snippet: incidental and consequential damages. Section 672.714(3), Fla. Stat. *321 (1977). Incidental damages include

Miles v. Kavanaugh

Court: District Court of Appeal of Florida | Date Filed: 1977-09-27

Citation: 350 So. 2d 1090, 22 U.C.C. Rep. Serv. (West) 911

Snippet: caused by the breach of warranty. Sections 672.714(3), 672.715(2), Florida Statutes (1975); Council Bros

Florida Power & Light Co. v. Bell

Court: Supreme Court of Florida | Date Filed: 1959-07-23

Citation: 113 So. 2d 697

Snippet: Rivaux v. Florida Power & Light Co., Fla., 78 So.2d 714. [3] See Larnel Builders, Inc. v. Martin, Fla., 110

Mayfield v. Wernicke Chemical Co.

Court: Supreme Court of Florida | Date Filed: 1913-02-04

Citation: 65 Fla. 113, 61 So. 191

Snippet: v. Union Rolling-Mill Co., 109 U. S. 702, text 714, 3 Sup. Ct. Rep. 594, and other Federal cases referred