ACQUISITION CORP. OF AMERICA v. SUNRISE S. & L.

Nos. 86-2144-CIV, 86-2325-CIV, 86-8577-CIV and 86-8601-CIV.

659 F.Supp. 138 (1987)

ACQUISITION CORPORATION OF AMERICA, a Florida corporation, Sun-Island Realty, Inc., a Florida corporation, and Kenneth Hemmerle, individually, Plaintiffs, v. SUNRISE SAVINGS AND LOAN ASSOCIATION, a Federal Savings and Loan Association, as successor in interest to Sunrise Savings and Loan Association of Florida, a Florida corporation, and all those claiming by, through or under said Federal Savings and Loan Association, Defendants. SUNCOAST DEVELOPERS OF SOUTH FLORIDA, INC., Plaintiff, v. FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION, as Receiver for Sunrise Savings and Loan Association, a Federal Savings and Loan Association, a/k/a Sunrise Savings and Loan Association, a Florida corporation, Defendants. BLYTHE ENTERPRISES, INC., Plaintiff, v. GORHAM CONSTRUCTION COMPANY, et al., Defendants, Crossclaimants and Third Party Plaintiffs, v. Dean VEGOSEN, as Trustee for Monte Carlo Development and Management Corp., et al., Crossclaimants and Third Party Defendants. FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION, as Receiver for Sunrise Savings and Loan Association, a Federal Savings and Loan Association, Plaintiffs, v. RODEO DEVELOPMENTS, INC., a Florida corporation, et al., Defendants.

United States District Court, S.D. Florida.

April 24, 1987.


Attorney(s) appearing for the Case

William K. Black, James T. Lantelme, Federal Home Loan Bank Bd., Washington, D.C., for defendants in Nos. 86-2144-CIV, 86-2325-CIV and 86-8577-CIV.

John C. Parks, Squire, Sanders & Dempsey, Cleveland, Ohio, Eben Crawford, Squire, Sanders & Dempsey, Miami, Fla., for FSLIC in Nos. 86-2144-CIV, 86-2325-CIV and 86-8577-CIV.

Kenneth V. Hemmerle, Robert F. Jordan, Ft. Lauderdale, Fla., for plaintiffs in Nos. 86-2144-CIV, 86-2325-CIV and 86-8577-CIV.

Alan G. Kipnis, Siegfried, Kipnis & Rivera P.A., Coral Gables, Fla., for plaintiffs in Nos. 86-2325-CIV and 86-8577-CIV.

Daniel B. Harrell, Fort Pierce, Fla., for defendants, crossclaimants and third party plaintiffs in No. 86-8577-CIV.

Leonard Nanser, West Palm Beach, Fla., Richard D. Sneed, Jr., Sneed & Messer, P.A., Fort Pierce, Fla., Manley P. Caldwell, Jr., Palm Beach, Fla., Leopold Estein, Fort Pierce, Fla., for crossclaimants and third party defendants in No. 86-8577-CIV.

Harold G. Melville, Ft. Pierce, Fla., for FSLIC in No. 86-8577-CIV.

Kenneth B. Crenshaw, Lake Worth, Fla., Steven G. Dell, West Palm Beach, Fla., Daniel J. Blackman, Hollywood, Fla., Val L. Osinski, Coral Springs, Fla., James B. Boone, Ft. Lauderdale, Fla., for defendants in No. 86-8601-CIV.

Gary A. Woodfield, Squire, Sanders & Dempsey, Palm Beach, Fla., for plaintiffs in No. 86-8601-CIV.


NESBITT, District Judge.

These causes are before the Court upon several pending motions of the parties arising from the issue of whether the Federal Savings and Loan Insurance Corporation (FSLIC) has exclusive jurisdiction to adjudicate claims against the assets of an insolvent thrift association placed in a FSLIC receivership. As a threshold determination to all pending motions the FSLIC contends that (1) this Court does not have subject matter jurisdiction to hear...

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