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REGIONS BANK v. HYMAN, 8:09-CV-1841-T-17MAP. (2015)

Court: District Court, M.D. Florida Number: infdco20150428984 Visitors: 8
Filed: Apr. 27, 2015
Latest Update: Apr. 27, 2015
Summary: ORDER ELIZABETH A. KOVACHEVICH , District Judge . This cause is before the Court on: Dkt. 508 Motion to Foreclose Charging Liens On Partnership Interests and for Appointment of Receiver Dkt. 510 Response Plaintiff Regions Bank seeks to foreclose its charging lien interest in BK Family Investment Partnership I, Ltd., BK Family Investment Partnership II, Ltd. and CWK Family Partnership, Ltd. and further seeks the appointment of a receiver, pursuant to Sec. 620.8504, Fla Stat. Defendant
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ORDER

This cause is before the Court on:

Dkt. 508 Motion to Foreclose Charging Liens On Partnership Interests and for Appointment of Receiver Dkt. 510 Response

Plaintiff Regions Bank seeks to foreclose its charging lien interest in BK Family Investment Partnership I, Ltd., BK Family Investment Partnership II, Ltd. and CWK Family Partnership, Ltd. and further seeks the appointment of a receiver, pursuant to Sec. 620.8504, Fla Stat.

Defendant Kearney opposes Plaintiffs Motion. Defendant Kearney argues that since the partnerships at issue are limited partnerships, the remedies sought are not available to Plaintiff Regions Bank. See Sec. 620.1703(3), Fla. Stat.

After consideration, the Court denies Plaintiffs Motion to Foreclose Charging Liens On Partnership Interests And For Appointment of Receiver. Since the partnerships are limited partnerships, Sec. 620.1703. Fla. Stat., is controlling, and the remedies sought are not available. Accordingly, it is

ORDERED that Plaintiffs Motion to Foreclosing Charging Liens On Partnership Interests And For Appointment of Receiver (Dkt. 508) is denied.

DONE and ORDERED.

Source:  Leagle

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