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Pecora v. Berlin

District Court of Appeal of Florida, Third District
Nov 12, 2008
994 So. 2d 373 (Fla. Dist. Ct. App. 2008)

Opinion

No. 3D08-1946.

October 1, 2008. Rehearing and Rehearing En Banc Denied November 12, 2008.

An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Maria M. Korvick, Judge.

Katzman, Wasserman, Bennardini Rubinstein and Craig A. Rubinstein, Boca Raton; Bunnell Woulfe Kirschbaum Keller Gregoire and Nancy W. Gregoire, Fort Lauderdale, for appellant.

Gamba Lombana and Hector J. Lombana; Barreto Romero and Luis E. Barreto, Miami; Billbrough Marks and Geoffrey B. Marks and G. Bart Billbrough, Coral Gables, for appellee.

Before COPE, WELLS, and SALTER, JJ.


Arlene Pecora appeals a circuit court order appointing an "emergency temporary receiver" for the two Signature partnerships and their respective corporate general partners. By its terms, the trial court's order scheduled a full evidentiary hearing (within thirty days of the date of the order) on the question of whether a "permanent" receiver should be appointed for the Signature entities. The order also directed the parties to mediation regarding all open issues among them.

The order appointing the emergency temporary receiver is affirmed, but without prejudice to the right of the parties to present evidence to the trial court regarding (a) any factual basis for a "permanent" receiver and (b) the amount of a bond to be posted if the motion for a "permanent" receiver is granted. The order is also affirmed insofar as it directed mediation and a hearing on Marna Winter's motion to be completed before the evidentiary hearing. The trial court's express directive for the completion of these steps within thirty days shall be measured from the entry of the mandate here.

Order for a temporary receiver affirmed.


Summaries of

Pecora v. Berlin

District Court of Appeal of Florida, Third District
Nov 12, 2008
994 So. 2d 373 (Fla. Dist. Ct. App. 2008)
Case details for

Pecora v. Berlin

Case Details

Full title:Arlene PECORA, Appellant, v. In Re The ESTATE of Jerome C. BERLIN, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Nov 12, 2008

Citations

994 So. 2d 373 (Fla. Dist. Ct. App. 2008)