DeSILVA v. FIRST COMMUNITY BANK OF AMERICA

No. 2D10-307.

42 So.3d 285 (2010)

John R. DeSILVA, Appellant, v. FIRST COMMUNITY BANK OF AMERICA, a Federal Stock Savings Bank, Appellee.

District Court of Appeal of Florida, Second District.

August 4, 2010.


Attorney(s) appearing for the Case

Matthew J. Meyer and Marc Matthews of Ansa Assuncao, LLP, Tampa, for Appellant.

Karen E. Maller of Powell Carney Maller Ramsay & Grove, P.A., St. Petersburg, for Appellee.


VILLANTI, Judge.

John R. DeSilva appeals the trial court's nonfinal order appointing, without notice or a hearing, a receiver for certain real estate involved in a foreclosure action. He argues the trial court erred by not providing notice and an opportunity to be heard before entry of the order when First Community Bank of America failed to establish that immediate appointment of a receiver without notice or a hearing was necessary. We agree and, therefore, reverse...

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