eLaws of Florida

  SECTION 714.07. Disqualification from appointment as receiver; disclosure of interest.  


Latest version.
  • 1(1) 2The court may not appoint a person as receiver unless the person submits to the court a statement under penalty of perjury that the person is not disqualified.
    30(2) 31Except as otherwise provided in subsection (3), a person is disqualified from appointment as receiver if the person:
    49(a) 50Is an affiliate of a party;
    56(b) 57Has an interest materially adverse to an interest of a party;
    68(c) 69Has a material financial interest in the outcome of the action, other than compensation the court may allow the receiver;
    89(d) 90Has a debtor-creditor relationship with a party; or
    98(e) 99Holds an equity interest in a party, other than a noncontrolling interest in a publicly traded company.
    116(3) 117A person is not disqualified from appointment as receiver solely because the person:
    130(a) 131Was appointed receiver or is owed compensation in an unrelated matter involving a party or was engaged by a party in a matter unrelated to the receivership;
    158(b) 159Is an individual obligated to a party on a debt that is not in default and was incurred primarily for personal, family, or household purposes; or
    185(c) 186Maintains with a party a deposit account, as defined in s. 197679.1021198.
    199(4) 200A person seeking appointment of a receiver may nominate a person to serve as receiver, but the court is not bound by the nomination.
History.-s. 1, ch. 2020-106.