OVERSEAS DEVELOPMENT, INC. v. KRAUSE

Nos. 75-1114, 75-1429.

323 So.2d 679 (1975)

OVERSEAS DEVELOPMENT, INC., a Florida Corporation, Appellant, v. R. A. KRAUSE, As Nominee of the Trustees of Atico Mortgage Investors, a Massachusetts Business Trust, et al., Appellees.

District Court of Appeal of Florida, Third District.

December 9, 1975.


Attorney(s) appearing for the Case

McCormick, Bedford & Backmeyer, Miami, for appellant.

Paul, Landy, Beiley & Yacos, Huber Parsons, Miami, for appellees.

Paul Berger, Miami Beach, for receiver.

Before BARKDULL, C.J., and PEARSON and HENDRY, JJ.


PER CURIAM.

These interlocutory appeals have been consolidated for all appellate purposes. The first numbered appeal is from an order appointing a receiver in a mortgage foreclosure proceeding. The second is from an order denying a motion to dismiss.

Defendant urges that, as to the appointment of the receiver, it was error to make such appointment prior to the actual service of process on the defendant. While this argument could be made under some circumstances...

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