BENTON, C.J.
Harrell & Harrell, P.A. (Harrell & Harrell) and Daniel J. Glary seek review of a nonfinal order directing them to transfer funds to the receiver appointed to wind up Glary & Israel, P.A. (Glary & Israel)'s affairs. We have jurisdiction of the appeal. See Fla. R. App. P. 9.030(b)(1)(B); 9.130(a)(3)(C)(ii). We reverse the portions of the order appellants challenge,
Through the end of 2005, the now defunct law firm of Glary & Israel represented workers' compensation claimants, many of whom had signed contracts of representation with another law firm, Harrell & Harrell. (In January or February of 2006, Glary & Israel signed superseding contracts of representation with many of the Harrell & Harrell clients.) In March of 2006, Mr. Glary denied Jonathan B. Israel, co-founder of the firm, access to Glary & Israel's files and to the office Glary & Israel had occupied. (The relationship between Mr. Glary and Mr. Israel had begun to deteriorate near the end of 2005 in the wake of disclosures that a bookkeeper had been embezzling.)
Mr. Israel began the present proceeding by filing a complaint seeking dissolution of Glary & Israel, an accounting of the firm's assets, and the appointment of a receiver. The complaint sought no relief from Harrell & Harrell, and did not name Harrell & Harrell as a party. On November 1, 2006, the trial court appointed a receiver and directed the receiver to marshal all assets of Glary & Israel, by filing appropriate civil actions on behalf of the firm, if necessary.
When the lawsuit was filed, Glary & Israel had resolved approximately 100 cases in which settlement funds (including attorney's fees) had not been received. The firm was also involved in approximately 180 other pending cases. Most of the clients in the ongoing cases eventually elected to be represented either by Mr. Glary, who became a principal in a newly formed law firm, Glary & Sacks, in May 2006; or by Mr. Israel, who went to work for Harris, Guidi, Rosner, Dunlap, Rudolph & Catlin, P.A. (Harris Guidi).
On February 8, 2007, the receiver filed a motion requesting that the trial court enter an order compelling Mr. Glary, Mr. Israel, Harrell & Harrell, and Harris Guidi to transfer "any and all monies of Glary & Israel" to the receiver. Harrell & Harrell
On May 8, 2008, Mr. Israel filed a motion for partial summary judgment. The motion sought a determination of whether any or all of the fees awarded in cases in which Mr. Israel or Mr. Glary succeeded Glary & Israel could be claimed by the receiver as assets of Glary & Israel. He argued that the fees held by Harrell & Harrell were assets of Glary & Israel, and that, although Harrell & Harrell might have a claim to a portion of the fees it held, it should stand in no better position than any other creditor of Glary & Israel.
During a hearing held on December 22, 2009, the trial court stated its intention to enter an order dealing with all pending
But a receiver has no greater right to property than the entity has whose property the receiver was appointed to marshal. See SouthTrust Bank of S.W. Fla., N.A. v. Krause, 677 So.2d 368, 370 (Fla. 2d DCA 1996). "[I]f a receiver wishes to obtain possession of property in the hands of a stranger to the suit, he must make that person a party or file a separate action against him." Id. at 370 (citing First Nat'l Bank of Plano v. State, 555 S.W.2d 200, 203 (Tex.Civ.App.1977)).
The trial court denied Harrell & Harrell procedural due process in ordering it to transfer funds it claimed belonged to it without requiring the receiver (or any other party to the action) to plead and prove that the funds were assets of Glary & Israel. Even assuming the validity of the trial court's order making Harrell & Harrell a party,
The right to procedural due process includes the right to "a full hearing before a court having jurisdiction of the matter, the right to introduce evidence at a meaningful time and in a meaningful manner, and judicial findings based upon that evidence." Brinkley v. County of Flagler, 769 So.2d 468, 472 (Fla. 5th DCA 2000). See also State Dep't of Fin. Servs. v.
Ownership of the funds was clearly contested below. In directing that the funds at issue be transferred to the receiver, the trial court implicitly made findings based on disputed issues of fact, even if only as to the amount of certain fees. Both Harrell & Harrell and Mr. Glary placed the trial court on notice that there were factual issues—including the exact nature of the relationship between Glary & Israel and Harrell & Harrell, which clients actually signed contracts of representation with Glary & Israel, and when they did so
Accordingly, the portion of the trial court's order requiring Harrell & Harrell and Mr. Glary to transfer disputed funds to the receiver is vacated.
WETHERELL and ROWE, JJ., concur.
Later, when the successor judge was reminded that Harrell & Harrell was not a party to the action, the court ruled Harrell & Harrell would be permitted to participate with regard to the claims procedure, because the firm had filed a claim against Glary & Israel, but did not have the right to participate as a party.
On June 7, 2010, however, in a separate order entered the same day as the order under review, the trial court granted the motion to intervene which Harrell & Harrell had filed on September 25, 2006, stating it was denying Harrell & Harrell's motion, filed October 26, 2006, to withdraw its motion to intervene. Harrell & Harrell actually filed a pleading on October 26, 2006, styled "Withdrawal of Motion to Intervene," in which it gave "notice that it withdraws its Motion to Intervene."
Harrell & Harrell does not, however, argue on this appeal that the trial court erred in entering the order treating its withdrawal of motion to intervene as a motion to withdraw its motion to intervene and denying the same.
Because the order on appeal (although styled final order) is an interlocutory order, the trial judge may revisit any portion of the interlocutory order not challenged on appeal in the interest of justice. See AC Holdings 2006, Inc. v. McCarty, 985 So.2d 1123, 1125 (Fla. 3d DCA 2008) ("[A] trial court has inherent authority to reconsider and modify its interlocutory orders."); Oldock v. DL & B Enter., Inc., 966 So.2d 484, 485 (Fla. 2d DCA 2007) ("[I]t is well established that a trial court may consider and modify interlocutory orders at any time until final judgment is entered."). See also Fla. Dep't of Transp. v. Juliano, 801 So.2d 101, 106 (Fla.2001) (noting that the doctrine of law of the case is "`limited to rulings on questions of law actually presented and considered on a former appeal,'" (quoting U.S. Concrete Pipe Co. v. Bould, 437 So.2d 1061, 1063 (Fla. 1983)) and that a "corollary of the law of the case doctrine is that a lower court is not precluded from passing on issues that `have not necessarily been determined and become law of the case.'" (quoting Greene v. Massey, 384 So.2d 24, 27 (Fla. 1980))).