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SAICHEK v. CAB BUILDERS, LLC

No. 3D09-3425.

45 So.3d 883 (2010)

Lawrence A. SAICHEK, Appellant, v. CAB BUILDERS, LLC, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied October 29, 2010.

Attorney(s) appearing for the Case

Bales Sommers & Klein and Richard M. Bales, Jr. , Miami, for appellant.

Bared and Associates and Pablo Bared and Susan Granoff , Coral Gables, for appellee.

Before COPE and CORTIÑAS, JJ., and SCHWARTZ, Senior Judge.

CORTIÑAS, J.

Appellant, Lawrence A. Saichek, as Receiver, seeks review of the trial court's order determining monies held by him in a special trust account to be the "rightful funds" of Cab Builders, LLC ("Cab") and requiring the disbursement of same (the "Order"). We find that the Order was improperly entered and reverse.

In early 2006, Cab entered into a contract to sell certain real estate to a buyer. Under...

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