In ongoing litigation concerning a family marina business under receivership, the court considered a motion by the court‑appointed receiver seeking approval of its interim reports, payment of interim receiver’s fees, and approval of legal fees incurred by its counsel.
The defendants opposed the motion, alleging bias by the receiver and arguing that the original receivership order permitted payment only from the proceeds of a future sale of the marina.
The court found no evidence of bias or improper conduct by the receiver and held that a material change in circumstances—specifically opposition to the marina’s sale—permitted variation of the prior order to allow interim payment.
The court approved the receiver’s interim reports and authorized payment of the receiver’s fees and legal fees as fair and reasonable, but declined to grant the receiver a first charge over the marina property.
The court also ordered that $17,000 be released to the estate once a properly appointed estate trustee or administrator complied with Rule 9 of the Rules of Civil Procedure.
