Guaranty Title & Trust Co. v. First Guaranty Title & Escrow of Florida, Inc.
Docket: Nos. 96-1793, 96-1795
Court: District Court of Appeal of Florida; November 19, 1996; Florida; State Appellate Court
An interlocutory appeal was filed regarding an order that dissolved a temporary injunction, discharged a receiver, and transferred the case to Broward County. The previous court's decision was influenced by an unsworn motion from the appellees, who claimed a similar case was pending in Broward Circuit Court and argued that the appointment of a receiver violated Florida Statutes due to the appellees' property being situated in multiple judicial circuits. The appellate court found that the trial court abused its discretion by dissolving the injunction and transferring the case since the Broward case had already been voluntarily dismissed and there was no objection from appellees regarding venue appropriateness or inconvenience. Consequently, the appellate court reversed the order of dissolution and transfer. Regarding the discharge of the receiver, the appellate court declined to reinstate it without factual determination on whether the receiver's application was properly made in accordance with Florida Statutes. The case was remanded for the lower court to assess whether the property is located in multiple judicial circuits and if the appellees' principal place of business is indeed in Broward County, as claimed. The appellate court clarified that its reversal of the temporary injunction's dissolution does not prevent the appellees from seeking to dissolve the injunction on its merits in the lower court, and it did not express an opinion on the legal validity of the injunction itself. The relevant statute indicates that an application for a receiver must be made in the circuit court where the defendant's principal business or residence is located, if the property is in multiple circuits.