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KEYBANK NAT. ASS'N v. KNUTH LTD.

No. 3D09-996.

15 So.3d 939 (2009)

KEYBANK NATIONAL ASSOCIATION, Appellant, v. KNUTH LTD.; Scott M. Sutter; The Scott Sutter Trust U/A 11/18/03; Accredited Surety and Casualty Co., Appellees.

District Court of Appeal of Florida, Third District.

August 12, 2009.

Attorney(s) appearing for the Case

Arnstein & Lehr and Alan G. Kipnis and Joseph F. Poklemba, Fort Lauderdale, for appellant.

Samuel J. Kaufman, Key West and James W. McQuade, for appellees.

Before COPE, WELLS, and SUAREZ, JJ.

COPE, J.

This is an appeal of a non-final order which denied a motion to appoint a receiver. We conclude that the motion should have been granted and remand for further proceedings.

KeyBank National Association ("the lender") made a mortgage loan on property in Key West, Florida, owned by Knuth, Ltd., Scott M. Sutter, and The Scott Sutter Trust U/A 11/18/03 ("the borrowers"). The borrowers have defaulted and the outstanding...

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