Florida/Georgia Personal Injury & Workers Compensation

...ecorded or otherwise, and seeks to remove any cloud on the title attributable to First National's mortgage. II. Supplementing its initial order of appointment and conferring broad powers on the custodian, the trial court entered an order pursuant to section 607.1432, Florida Statutes (2002), that provided, [6] in pertinent part: 2) The Custodian shall take all actions he deems reasonably necessary to preserve, protect, operate, manage and control the assets and property of Signature....

...ss." See Klein v. FPL Group, Inc., 2003 WL 22768424, at *6 (S.D.Fla. Sept.26, 2003). [15] Here, by order entered in the same proceeding in which the derivative claims were filed, the custodian was charged with managing the corporation pendente lite. Section 607.1432(3)(b), Florida Statutes (2002), defines a custodian's powers as "all of the powers of the corporation, through or in place of its board of directors or officers." This language, like the language of the trial court's orders in the pr...

...earing was required. In contrast, Greene contends that Signs waived the notice requirement. Greene further contends that rule 1.620 is satisfied because a hearing took place ten days after the receiver was appointed. We agree with Signs and reverse. Section 607.1432(1), Florida Statutes (2007), allows for the appointment of a corporate receiver or custodian. However, section 607.1432(1) requires notice to all interested parties and a hearing before a receiver is appointed....

or partnership” under certain circumstances); § 607.1432, Fla. Stat. (2012) (authorizing the appointment

...in Alachua, Pinellas, and Polk Counties to give effect to the receivership order as a matter of comity. Third, the receiver could have invoked the statutory “ancillary receivership” provision available under the Florida Business Corporation Act, section 607.1432(6), Fla....

...Todd Smith, who failed to point out that the court had no jurisdiction over the corporation. As a result, by the time the trial court entered • the final judgment, this divorce had transformed into something similar to a receivership pursuant to section 607.1432, Florida Statutes (2008)....

...orded or otherwise, and seeks to remove any cloud on the title attributable to First National’s mortgage. II. Supplementing its initial order of appointment and conferring broad powers on the custodian, the trial court entered an order pursuant to section 607.1432, Florida Statutes (2002), that provided, 6 in pertinent part: 2) The Custodian shall take all actions he deems reasonably necessary to preserve, protect, operate, manage and control the assets and property of Signature....

...ss.” See Klein v. FPL Group, Inc., 2003 WL 22768424 , at *6 (S.D.Fla. Sept.26, 2003). . Here, by order entered in the same proceeding in which the derivative claims were filed, the custodian was charged with managing the corporation pendente lite. Section 607.1432(3)(b), Florida Statutes (2002), defines a custodian's powers as "all of the powers of the corporation, through or in place of its board of directors or officers.” This lan *993 guage, like the language of the trial court’s orders...

bond. The custodian was appointed pursuant to section 607.1432, Florida Statutes (1995), which does not mandate

...In fact, however, Florida’s Business Corporations Act and Limited Liability Company Act expressly authorize a Florida court to appoint an ancillary receiver here for a foreign entity “even though no receiver has been appointed elsewhere.” Section 607.1432(6), Florida Statutes (2013), states: The court has jurisdiction to appoint an ancillary receiver for the assets and business of a corporation....

...After the parties failed to agree on the fair value of Dr. Uphold’s shares, Dr. Graham asked the court to make the determination pursuant to section 607.1436(4), which triggered a stay of the dissolution proceedings. Approximately nine months later, Dr. Uphold moved under sections 607.1431(3) and 607.1432, Florida Statutes, for the court to appoint a custodian pendente lite “to preserve BBI’s assets and to carry on and manage its business and affairs.” Dr....

...proceedings to achieve the alternative end of a buyout on terms to be determined by the court. Yet Dr. Uphold sought a custodianship “to preserve BBI’s assets and to carry on and manage its business and affairs” under sections 607.1431(3) and 607.1432. Similarly, the trial court relied on its authority under section 607.1432 to appoint the custodian. While these sections allow a court to appoint a custodian to take possession of a corporation and manage it under the court’s authority, they do so only in the context of judicial dissolution proceedings. Because the dissolution proceedings were required by statute to be stayed at the time Dr. Uphold moved for the appointment of a custodian, the court did not have the authority under either section 607.1431(3) or section 607.1432 to make the appointment. Dr....