In a precedent-setting decision that addresses Florida’s commercial receivership act, the state’s Second District Court of Appeal reversed a lower court ruling that challenged a newer law.
“This appears to be the first decision in the state that has really delved into this issue about how courts have to apply this new statute,” said Dwayne A. Robinson, partner at Kozyak Tropin & Throckmorton. “The appellate court correctly held that the statute did not abolish long-standing common law rules requiring an evidentiary hearing before taking someone’s property and putting it in a receivership.”
