ALAFAYA SQUARE v. GREAT WESTERN BANK

No. 96-445.

700 So.2d 38 (1997)

ALAFAYA SQUARE ASSOCIATION, LTD., etc., Appellant, v. GREAT WESTERN BANK, etc., et al., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 8, 1997.


Attorney(s) appearing for the Case

Margaret A. Wharton of Margaret A. Wharton, P.A., Oviedo, for Appellant.

Jeffrey Gilbert of Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quental, P.A., Fort Lauderdale, and Elliot H. Scherker of Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., Miami, for Appellees WHC-One Investors, L.P., WHC-One Investors, Inc., and General Electric Capital Corporation.

No appearance for Appellee Great Western Bank.


ON MOTION FOR REHEARING AND/OR EN BANC REVIEW

ANTOON, Judge.

Appellees have filed a motion for rehearing and/or en banc review of our opinion dated February 7, 1997. We grant the motion, and accordingly withdraw our previous opinion and issue this opinion in its stead.

In this mortgage foreclosure case, Alafaya Square Association, Ltd. (Alafaya), appeals the trial court's order appointing a receiver.1 We...

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