Opinion
No. 71-1043.
June 29, 1972. Rehearing Denied August 30, 1972.
Interlocutory appeal from Circuit Court for Broward County; George W. Tedder, Jr., Judge.
J.B. Booher, of Booher McGrotty, Fort Lauderdale, for appellants.
Michael K. Davis, of Watson, Hubert Davis, Fort Lauderdale, for appellees.
We have reviewed the briefs and record on appeal and heard oral argument. On the basis thereof, we are of the opinion that no reversible error has been demonstrated. The judgment appealed from is, therefore, affirmed. See Arison Shipping Company v. Klosters Rederi A/S, Fla.App. 1971, 259 So.2d 784; Edenfield v. Crisp, Fla.App. 1966, 186 So.2d 545, and Insurance Management, Inc. v. McLeod, Fla.App. 1966, 194 So.2d 16.
Affirmed.
MAGER, J., and WHITE, JOSEPH S., Associate Judge, concur.
WALDEN, J., dissents, with opinion.
The appointment of a receiver in this case represented an abuse of discretion and was in nowise legally justified by the facts and circumstances of this case. Among other insufficiencies, there was no showing of fraud, mismanagement, insolvency, danger or peril to the property, or that the appellee would ultimately prevail. Further, there were other more reasonable avenues of assurance and protection available to the court.
I would reverse.