STATE, DEPT. OF INS. v. F.D.I.C

Citation Codes

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citation codes

Docket Number

No. 92-785.

Attorney(S)

Salomon, Kanner, Damian Rodriguez and Juan E. Rodriguez, Miami, for appellant. Ann S. Duross, Richard J. Osterman, Jr., Michael H. Krimminger, Washington, DC, Matt E. Beal, Orlando, S. Alyssa Roberts, Popham, Haik, Schnobrich Kaufman, Ltd., and Patricia H. Thompson, Miami, for appellee.

Judges

PER CURIAM.

Acts

Banks And Banking — Federal Deposit Insurance Corporation — Insurance Funds

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STATE OF FLORIDA, DEPARTMENT OF INSURANCE, AS RECEIVER OF NATIONAL UNITED INSURANCE COMPANY, APPELLANT, v. FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER OF FIRST AMERICAN BANK TRUST NATIONAL ASSOCIATION, APPELLEE.

PER CURIAM.

We affirm the trial court's order granting the motion by the Federal Deposit Insurance Corporation (FDIC) as receiver for First American Bank Trust, North Palm Beach, Florida and dismissing, for lack of subject matter jurisdiction, the claims against it brought by National United Insurance Company (National). The trial court correctly concluded that under the instant facts it had no subject matter jurisdiction pursuant to 12 U.S.C. § 1821 (1989 Supp. 1992), over National's claim against FDIC, raised after the receiver was already in existence. Such claims, following exhaustion of the claims requirements, must be commenced or continued in the United States District Court for the district within which the depository institution's principal place of business is located or in the United States District Court for the District of Columbia. 12 U.S.C. § 1821 (d)(6)(A) (1989 Supp. 1992).

Accordingly, the order under review is affirmed.

STATE OF FLORIDA, DEPARTMENT OF INSURANCE, AS RECEIVER OF NATIONAL UNITED INSURANCE COMPANY, APPELLANT, v. FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER OF FIRST AMERICAN BANK TRUST NATIONAL ASSOCIATION, APPELLEE.

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