Dana Entertainment, Inc. v. Tucan & Baru Brickell, LLC
The Third DCA reversed an ex parte order appointing a receiver over an LLC nightclub entered on an unverified emergency motion filed late Friday before Labor Day, without notice, hearing, or sworn proof, and with a $5,000 bond for a business grossing roughly $12 million annually. The court held the order violated Rule 1.610's notice and findings requirements (made applicable by Rule 1.620(a)), that receivers cannot be appointed without testimony, affidavits, or sworn pleadings, and that the bond was grossly inadequate. It remanded for immediate dissolution of the receivership.
Key facts
- Dana Entertainment, Inc. sought to challenge an ex parte order appointing a receiver over Tucan & Baru Brickell, LLC, a nightclub, that was entered on an unverified emergency motion filed late Friday before Labor Day.
- The trial court appointed the receiver without notice, hearing, or sworn proof, and set a receiver's bond at $5,000 despite the business having approximately $12 million in annual gross revenue.
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Why it matters
This is a strong, citation-rich roadmap for attacking (or properly obtaining) receiverships in Florida commercial disputes. Practitioners can use it for the propositions that Rule 1.610's ex parte notice and findings… — full analysis with a trial
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