Opinion
No. 94-2279.
June 7, 1995.
Appeal from the Circuit Court, Dade County, Martin D. Kahn, J.
Neustein Neustein, Miami Beach, for appellants.
Mandel, Simowitz, Weisman Scherer, Boca Raton and Jena E. Rissman, North Miami Beach, for appellee.
Before JORGENSON, COPE and LEVY, JJ.
Lakeview Townhomes appeals from a non-final order appointing a receiver. We reverse, as the order was entered "without testimony, sworn pleadings or an affidavit demonstrating a show of `waste' which impairs the equity of security." Boyd v. Banc One Mortgage Corp., 509 So.2d 966, 967 (Fla. 3d DCA 1987); see also Chromy v. Midwest Fed. Sav. Loan Ass'n, 546 So.2d 1172 (Fla. 3d DCA 1989).
Reversed and remanded for further consistent proceedings.
This reversal is without prejudice to the bank to renew its motion upon a proper evidentiary predicate.