Alberto Corredor Gomez v. George Nichols
After the receivership ended, Corredor moved for leave to sue the court-appointed receiver for alleged overbilling and bad-faith mismanagement of school property. The trial court denied the motion, finding no prima facie case of liability. The Third District affirmed, holding that a receivership court's ruling on leave to sue its receiver is reviewed for abuse of discretion ot-of-the-complaint de novo review, and that absence of a hearing transcript required affirmance.
Key facts
- Alberto Corredor Gomez sought leave to sue court-appointed receiver George Nichols after the receivership ended, alleging overbilling and bad-faith mismanagement of school property.
- The trial court denied Corredor's motion for leave to sue, finding he failed to establish a prima facie case of liability against the receiver.
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Why it matters
The opinion resolves a previously unsettled question in Florida by fixing abuse of discretion — not de novo 'four corners' review — as the standard for appellate review of orders granting or denying leave to sue a… — full analysis with a trial
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