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BOYD v. BANC ONE MORTGAGE CORP.

Nos. 86-2240, 86-2795.

509 So.2d 966 (1987)

Willa Mae BOYD and Eli Boyd, Jr., Appellants, v. BANC ONE MORTGAGE CORP., Appellee.

District Court of Appeal of Florida, Third District.

June 30, 1987.

Attorney(s) appearing for the Case

Alec Ross, North Miami Beach, for appellants.

No appearance for appellee.

Before BARKDULL, HUBBART and NESBITT, JJ.

ON MOTION FOR REHEARING

PER CURIAM.

Appellant's motion for rehearing is granted and the above cases are hereby consolidated. The opinions of this court previously issued in these cases are withdrawn and this opinion is substituted therefor.

The trial court erroneously appointed a receiver without testimony, sworn pleadings or an affidavit demonstrating a show of "waste" which impairs the equity of security. Error was committed notwithstanding the...

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