Asset Recovery Group, LLC v. Wright
A tenant stabbed at an apartment complex sued the court-appointed receiver for negligent security without first obtaining leave from the foreclosure court that appointed the receiver. The Third DCA granted prohibition, holding that the third amended complaint's conclusory allegations that the receiver acted 'outside the authority granted' were insufficient to trigger the exception to the Barton doctrine, and that the claims must be dismissed without prejudice to seeking leave from the appointing court.
Key facts
- A tenant injured in a stabbing at an apartment complex sued a court-appointed receiver for negligent security without first obtaining leave from the foreclosure court that had appointed the receiver.
- The third amended complaint alleged the receiver acted 'outside the authority granted' by failing to manage, preserve, protect and maintain the property and maintain insurance.
- +2 more key facts with a free trial
Why it matters
The opinion crystallizes Florida's application of the Barton doctrine and imposes a specificity/heightened-pleading requirement on plaintiffs who try to plead around it, making conclusory 'outside the scope' allegations… — full analysis with a trial
Read the full opinion, holdings & search — free for 30 days
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision — in your hands.
- Search every tracked Florida decision in seconds
- Save, tag & file the cases that matter into your own library
- Read the full plain-English analysis and holdings
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.