⚖️ | 5th DCA | Forini v. Dealma 20-121 — Receiver Duty to File Inventory & Impossibility Defense
Marco Forini v. Dealma | Case No. 20-121 | Fifth District Court of Appeal, Florida (second appeal) Bill Gresley of Jacksonville argues on behalf of appellant Marco Forini in this second appeal arising from a dissolution of marriage proceeding. The order under review arose from the same final judgment that was the subject of the prior appeal before this court. The case concerns the conduct of court-appointed receiver John Sundererman, who was appointed to take control of marital assets. The central dispute is whether the receiver was required to file an initial inventory within 20 days of appointment, and whether the trial court properly excused that failure based on an "impossibility" doctrine. Key issues addressed: Florida Rules of Civil Procedure — receiver's obligation to file an initial inventory within 20 days of appointment Whether the trial court had discretion to excuse the receiver from filing the required inventory based on a finding of "impossibility" where records were allegedly in shambles Receiver John Sundererman's conflicting conduct: claimed inability to file inventory while simultaneously selling assets and managing the receivership estate Waiver argument: whether Forini's failure to raise the inventory issue immediately waived the objection Coordination of prior appeal and the current receivership order: procedural history of holding the prior appeal in abeyance Standard of review for the trial court's findings regarding the receivership 🔗 Florida Rules & Legal Resources: www.floridarules.net #FloridaAppeal #FifthDCA #Receivership #DissolutionOfMarriage #FamilyLaw #FloridaRulesOfCivilProcedure #CourtAppointedReceiver #Inventory #FloridaAppeal #Appellatelaw

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