Opinion
Civil Action No. 5:99-CV-161-OC-21
December 6, 2002
ROBERT P. KELLY, ESQUIRE, Gary J. Rotella Associates, P.A., Fort Lauderdale, Florida, Attorneys for: DBA MARKETING, INC.; NAHAMA LIMITED COMPANY.
HARRIS K. SOLOMON, ESQUIRE, Brinkley, McNerney, Morgan, Solomon Tatum, LLP, Fort Lauderdale, Florida, Attorneys for: DBA MARKETING, INC., NAHAMA LIMITED COMPANY, THE ARNOLD GROUP, INC. MULTI-HOUSING OF FLORIDA, INC., and R.B. ASSOCIATES, INC.
SEAN L. WILSON, ESQUIRE, Coral Springs, Florida, Attorney for: WILLARD M. ARNOLD.
G. MICHAEL MAHONEY, ESQUIRE, McLin, Burnsed, Morrison, Johnson, Newman Roy, P.A., Leesburg, Florida, Attorney for COLONIAL BANK.
RICHARD SIEGMEISTER, ESQUIRE, Richard Siegmeister, P.A., South Bayshore Drive, Coconut Grove, Florida, Attorney for DOROTHY N. ARNOLD.
ORDER ON MOTION FOR CONFIRMATION OF SALE OF PROPERTY OF THE RECEIVERSHIP ESTATE (Sandalwood Apartments)
THIS cause came on for consideration on the Receiver's Motion for Confirmation of Sale of Property of the Receivership Estate (Sandalwood Apartments), and the Court having reviewed said Motion and the Certificate of Receiver Supporting Confirmation of Private Sale (Dkt. No. 339) attached thereto and finding that the proposed private sale complies with 28 U.S.C. § 2001 and the Order On Motion for Leave to Proceed with Private Sales of Defendants' Real Property Assets Pursuant to 28 U.S.C. § 2001 (Dkt. 103) and Order Establishing Private Sale Procedures (Dkt. 269), it is hereby ordered as follows:
1. The Motion for Confirmation of Sale of Property of the Receivership Estate (Sandalwood Apartments) (DKT. 339) is granted.
2. The Receiver is authorized to proceed with the sale of the property described as Sandalwood Apartments, and more fully described on Exhibit A attached hereto to Douglas Keeler and Robin Keeler on the terms and conditions set forth in the proposed Agreement of Sale and Purchase.
3. The private sale to Douglas Keeler and Robin Keeler is hereby confirmed.
4. The property shall be sold free and clear of any federal tax liens held by the United States of America.
5. The Court finds that under the special "alternative amount" withholding rule in I.R.S. Reg. § 1.1445-2(d)(3), the owner of the Subject Property, Defendant, Nahama), will not realize any proceeds from the sale of the Subject Properties and therefore neither the Receiver nor Douglas Keeler and Robin Keeler are required to withhold any of the sale proceeds for the purpose of paying federal taxes on the sales.
6. The Receiver is authorized to satisfy any liens or encumbrances that are to be paid as a condition of the sale, to pay all closing costs associated with the sale, including the Receiver's attorneys fees and costs and to pay the Receiver's commission pursuant to the provisions of the Order on Motion of Receiver for Approval of Receiver's Compensation Arrangements and for authority to Pay the Receiver's Compensation and the Expenses of the Receivership on a Monthly Basis (Dkt. 54). The Receiver shall disburse the balance of the sale proceeds to Plaintiff, United States of America.
EXHIBIT "A" LEGAL DESCRIPTION
PROPERTY NO. 38 Eighteen (18) apartment units in SANDALWOOD APARTMENTS located at 211 S.W. 8th Street, City of Ocala, Marion County, Florida; record owner — Nahama Limited Company), more particularly and legally described as:
South ½ Block 9, NEW SURVEY SOUTH, City of Ocala, Florida according to the Plat thereof recorded in Plat Book E, Page 2 of the Public Records of Marion County, Florida.
ORDER ON MOTION FOR CONFIRMATION OF SALE OF PROPERTY OF THE RECEIVERSHIP ESTATE (Oak Hammock Terrace)
THIS cause came on for consideration on the Receiver's Motion for Confirmation of Sale of Property of the Receivership Estate (Oak Hammock Terrace), and the Court having reviewed said Motion and the Certificate of Receiver Supporting Confirmation of Private Sale attached thereto (Dkt. No. 341) and finding that the proposed private sale complies with 28 U.S.C. § 2001 and the Order On Motion for Leave to Proceed with Private Sales of Defendants' Real Property Assets Pursuant to 28 U.S.C. § 2001 (Dkt. 103) and Order Establishing Private Sale Procedures (Dkt. 269), it is hereby ordered as follows:
1. The Motion for Confirmation of Sale of Property of the Receivership Estate (Oak Hammock Terrace) (DKT. 341) is granted.
2. The Receiver is authorized to proceed with the sale of the property described as Oak Hammock Terrace, and more fully described on Exhibit A attached hereto to RLR Investments, LLC on the terms and conditions set forth in the proposed Agreement of Sale and Purchase.
3. The private sale to RLR Investments, LLC is hereby confirmed.
4. The property shall be sold free and clear of any federal tax liens held by the United States of America.
5. The Court finds that under the special "alternative amount" withholding rule in I.R.S. Reg. § 1.1445-2(d)(3), the owner of the Subject Property, Defendant, DBA Marketing, Inc., will not realize any proceeds from the sale of the Subject Properties and therefore neither the Receiver nor RLR Investments, LLC is required to withhold any of the sale proceeds for the purpose of paying federal taxes on the sales.
6. The Receiver is authorized to satisfy any liens or encumbrances that are to be paid as a condition of the sale, to pay all closing costs associated with the sale, including the Receiver's attorneys fees and costs and to pay the Receiver's commission pursuant to the provisions of the Order on Motion of Receiver for Approval of Receiver's Compensation Arrangements and for authority to Pay the Receiver's Compensation and the Expenses of the Receivership on a Monthly Basis (Dkt. 54). The Receiver shall disburse the balance of the sale proceeds to Plaintiff, United States of America.
EXHIBIT "A" LEGAL DESCRIPTION
Lot 1, OAK HAMMOCK TERRACE, according to the Plat thereof as recorded in Plat Book L, Page 32, Public Records of Marion County, Florida.ORDER ON MOTION FOR CONFIRMATION OF SALE OF PROPERTY OF THE RECEIVERSHIP ESTATE (Mini-Ranch, 5510 S.E. 17th Street, Ocala, Florida)
THIS cause came on for consideration on the Receiver's Motion for Confirmation of Sale of Property of the Receivership Estate (Mini-Ranch, 5510 S.E. 17th Street, Ocala, Florida), and the Court having reviewed said Motion and the Certificate of Receiver Supporting Confirmation of Private Sale, attached thereto (Dkt. No. 348) and finding that the proposed private sale complies with 28 U.S.C. § 2001 and the Order On Motion for Leave to Proceed with Private Sales of Defendants' Real Property Assets Pursuant to 28 U.S.C. § 2001 (Dkt. 103) and Order Establishing Private Sale Procedures (Dkt. 269), it is hereby ordered as follows:
1. The Motion for Confirmation of Sale of Property of the Receivership Estate (Mini-Ranch, 5510 S.E. 17th Street, Ocala, Florida) is granted.
2. The Receiver is authorized to proceed with the sale of the property described as Mini-Ranch, 5510 S.E. 17th Street, Ocala, Florida, and more fully described on Exhibit A attached hereto to Sean A. Chenette and Lauren J. Chenette on the terms and conditions set forth in the proposed Agreement of Sale and Purchase.
3. The private sale to Sean A. Chenette and Lauren J. Chenette is hereby confirmed.
4. The property shall be sold free and clear of any federal tax liens held by the United States of America.
5. The Court finds that under the special "alternative amount" withholding rule in I.R.S. Reg. § 1.1445-2(d)(3), the owner of the Subject Property, Defendant, Robert B. Arnold or the Estate of Robert B. Arnold, will not realize any proceeds from the sale of the Subject Properties and therefore neither the Receiver nor Sean A. Chenette and Lauren J. Chenette are required to withhold any of the sale proceeds for the purpose of paying federal taxes on the sales.
6. The Receiver is authorized to satisfy any liens or encumbrances that are to be paid as a condition of the sale, to pay all closing costs associated with the sale, including the Receiver's attorneys fees and costs and to pay the Receiver's commission pursuant to the provisions of the Order on Motion of Receiver for Approval of Receiver's Compensation Arrangements and for authority to Pay the Receiver's Compensation and the Expenses of the Receivership on a Monthly Basis (Dkt. 54). The Receiver shall disburse the balance of the sale proceeds to Plaintiff, United States of America.
EXHIBIT "A" LEGAL DESCRIPTION
PROPERTY NO. 41 (Mini-Ranch located at 5510 S.E. 17th Street, Ocala, Florida; record owner — Robert B. Arnold, Trustee)
The North 630 feet of the West ¼ of the NE ¼ of the SE ¼ of Section 24, Township 15 South, Range 22 East, Marion County, Florida.
LESS AND EXCEPT the North 30 feet thereof and LESS AND EXCEPT the West 31 feet thereof.