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ANJ FUTURE INVESTMENTS, INC. v. ALTER

No. 3D00-424.

756 So.2d 153 (2000)

ANJ FUTURE INVESTMENTS, INC., and Mohamed Ibrahim, Appellants, v. Frank ALTER, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 17, 2000.

Attorney(s) appearing for the Case

Greenberg Traurig and Susan Tarbe, Brenda K. Supple and Elliot H. Scherker, Miami; Simon Schindler & Sandberg, Miami, for appellants.

Entin, Margules & Della Fera and Leon R. Margules, Fort Lauderdale, and Christopher W. Prusaski, for appellee.

Before SCHWARTZ, C.J., and GREEN and FLETCHER, JJ.

PER CURIAM.

ANJ Future Investments, Inc. and Mohamed Ibrahim [collectively, ANJ] seek to reverse an order appointing a receiver in foreclosure proceedings. We reverse.

"The appointment of a receiver, as an equitable remedy, is not a matter of right even if the mortgage so provides.... [T]he trial court must balance the mortgagor's right to own and possess its property against the interests of the mortgagee in protecting its security in the property." Seasons...

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