3031 Inv. v. Ocean Bank

Full title: 3031 INVESTMENT CORPORATION, Appellant, v. OCEAN BANK, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Dec 16, 2009

23 So. 3d 238 (Fla. Dist. Ct. App. 2009)

Opinion

No. 3D09-2362.

December 16, 2009.

An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Valerie Manno Schurr, Judge.

Buchanan Ingersoll Rooney, Richard A. Morgan and Kelly A. McGovern, Miami, for appellant.

Jones, Walker, Waechter, Poitevent, Carrere Denegre, Stephanie Reed Traband and Mark R. King, Miami, for appellee.

Before COPE, GERSTEN, and SHEPHERD, JJ.

SHEPHERD, J.

Affirmed. See Key Bank Nat'l Ass'n v. Knuth Ltd., 15 So.3d 939 (Fla. 3d DCA 2009); Atco Constr. Dev. Corp. v. Beneficial Sav. Bank, 523 So.2d 747, 750 (Fla. 5th DCA 1988) ("[A] court of equity should appoint a receiver unless the mortgagor makes it clear that the real property covered by the mortgage will sell for enough to pay the debt and charges due the mortgagee and thus affords ample and entirely adequate security.").