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SHUBH HOTELS BOCA v. FEDERAL DEPOSIT INS.

No. 4D10-2821.

46 So.3d 163 (2010)

SHUBH HOTELS BOCA, LLC, and Atul Bisaria, Appellants, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Mutual Bank (Illinois); and Neil Merin, as Court Appointed Receiver for Mortgaged Property, Appellees.

District Court of Appeal of Florida, Fourth District.

October 27, 2010.

Attorney(s) appearing for the Case

Keith T. Grumer and Maidenly Macaluso of Grumer & Macaluso, P.A., Fort Lauderdale, for appellants.

Laura K. Wendell , Michael S. Popok and John J. Quick of Weiss Serota Helfman Pastoriza Cole & Boniske, P.L., Coral Gables, for appellee FDIC.

Gary A. Isaacs of Gary A. Isaacs, P.A., West Palm Beach, for Receiver.

FARMER, J.

The owner/mortgagor (owner) and an alleged guarantor appeal a non-final order allowing a receiver to sell the mortgaged property before final judgment in the foreclosure action. The receiver was appointed in the foreclosure action at the request of the mortgagee.1 Because we conclude that the creditor and receiver have not demonstrated lawful authority for such a sale over the objection of the record owner before final judgment...

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