Summary
holding that a former receiver could not recover attorney's fees and costs when one party to an earlier lawsuit alleged that he committed a tort during the receivership “[b]ecause these expenses did not arise out of the receivership and could not in any way benefit the receivership estate, as opposed to the receiver individually”
Summary of this case from Saga Bay Gardens Condo. Ass'n, Inc. v. for the Appointment ReceiverOpinion
No. 85-2493.
January 28, 1986.
Bailey Dawes and Guy Bailey and Jesse C. Jones and Hal S. Vogel, Miami, for petitioners.
Steel, Hector Davis and Vance E. Salter; Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow Olin and Robert Josefsberg, Miami, for respondents.
Before SCHWARTZ, C.J., and HUBBART and JORGENSON, JJ.
Several years after the termination of a receivership established in the action involved in Sundale Associates, Ltd. v. Southeast Bank, N.A., 471 So.2d 100 (Fla. 3d DCA 1985), the former receiver successfully moved the trial court to permit the award of attorney's fees and costs for the defense of ongoing actions brought by one of the parties against the receiver and his employees personally for allegedly tortious acts committed during the receivership. Because these expenses did not arise out of the receivership and could not in any way benefit the receivership estate, as opposed to the receiver individually, the trial court wholly lacked authority to award them. In re Fredcris, Inc., 108 So.2d 901 (Fla. 3d DCA 1959). Accordingly, we grant the instant petition for prohibition precluding the lower court from further proceedings in the matter. See Miraglia v. Geiger, 463 So.2d 448 (Fla. 4th DCA 1985).
Prohibition granted.