Opinion
Case No. 6:06-cv-183-Orl-28KRS.
February 13, 2007
ORDER
This case is before the Court on the Receiver's First Interim Application For Authorization To Pay Receiver's And Holland Knight's Fees and Costs (Doc. No. 169) filed September 29, 2006. The United States Magistrate Judge has submitted a report recommending that the motion be denied without prejudice.
After an independent de novo review of the record in this matter, and considering the Receiver's objection (Doc. No. 220), the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows:
1. That the Report and Recommendation filed January 4, 2007 (Doc. No. 211) is ADOPTED and CONFIRMED and made a part of this Order.
2. The Receiver's First Interim Application for Authorization to Pay Receiver's and Holland Knight's Fees and Costs (Doc. No. 169) is DENIED without prejudice.
3. The Receiver is instructed not to include in any future fee applications, the fees and costs incurred in preparing the present application because it was inadequate on its face as discussed in the Report and Recommendation.
4. In any renewed motion, the Receiver shall address the concerns raised by Defendant Kirkland in his opposition to the Receiver's application, including and in particular, the arguments regarding the pendency of the interlocutory appeal.
DONE and ORDERED in Chambers, Orlando, Florida.