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SEASONS PARTNERSHIP v. KRAUS-ANDERSON

No. 97-00414.

700 So.2d 60 (1997)

The SEASONS PARTNERSHIP I, a Florida general partnership, Appellant, v. KRAUS-ANDERSON, INCORPORATED, a Minnesota corporation, Appellee.

District Court of Appeal of Florida, Second District.

September 19, 1997.

Attorney(s) appearing for the Case

John D. Humphreville and Mark H. Muller of Quarles & Brady, Naples, for appellant.

Mark A. Horowitz of Humphrey & Knott, P.A., Fort Myers, for appellee.

ALTENBERND, Judge.

The Seasons Partnership I (The Seasons) appeals a nonfinal order granting Kraus-Anderson's motion to appoint a receiver in a mortgage foreclosure action. We reverse because Kraus-Anderson, as mortgagee, failed to establish waste or any other equitable basis for this extraordinary remedy.

Kraus-Anderson filed a complaint in November 1996 to foreclose a mortgage on an apartment complex owned by The Seasons and located in Lee County. The mortgage...

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