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SMILACK v. SLIZYK

No. 4D01-3437.

812 So.2d 591 (2002)

Steven A. SMILACK, Appellant, v. Alma J. SLIZYK, Appellee.

District Court of Appeal of Florida, Fourth District.

April 3, 2002.

Attorney(s) appearing for the Case

Steven A. Smilack, Fort Lauderdale, pro se.

No brief filed for appellee.

PER CURIAM.

We reverse an order denying the appointment of a receiver. Appellant, the holder of a mortgage which is in default, established that the rents and profits are part of the security for the mortgage and that the appellee mortgagor is receiving rents and profits but is failing to apply them to the mortgage debt. In addition, the appellee mortgagor is insolvent. We therefore reverse for the appointment of a receiver. Carolina Portland Cement Co.

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