Background
Anup Garg sued Mark Jenkins and several LLCs over jointly owned real estate and related business interests. After the parties agreed to divide assets and settle the dispute, the trial court adopted a magistrate’s decision enforcing the settlement, granted Jenkins a preliminary injunction concerning one property, and later awarded Jenkins attorney fees for enforcing the settlement.
One LLC, 1370 West 93rd Street LLC, owned property subject to a mortgage held by Silver Hill Capital. The settlement required Jenkins to transfer his ownership interest to Garg and required Garg to refinance or pay the mortgage and remove Jenkins as guarantor. After the mortgage remained unpaid, Silver Hill Capital pursued its claims and obtained an unopposed receivership appointment over the property. Garg appealed from the September 8, 2025 order appointing the receiver.
The Court’s Holding
The Eighth District dismissed the appeal. It held that the receivership order was a final, appealable order, but Garg’s assignments of error did not challenge that order. Instead, he challenged the trial court’s earlier orders enforcing the settlement, issuing the preliminary injunction, and awarding attorney fees.
The court rejected Garg’s contention that the 30-day appeal period for the earlier orders did not begin until the receivership order issued. The receivership order was final only as to the appointment of a receiver; it did not make all earlier orders appealable at that time. Because Garg raised no issue concerning the receivership itself, the court had no basis to review his asserted errors and dismissed the appeal.
Key Takeaways
- An appeal from a receivership order must raise an error connected to the receivership order.
- A final order appointing a receiver does not revive or make timely challenges to earlier rulings.
- Appellate assignments of error must have a direct relationship to the order from which the appeal is taken.
Why It Matters
The decision underscores that finality can be issue-specific. Even when a litigant properly appeals a final receivership order, that appeal does not open the door to review prior settlement-enforcement, injunction, or fee rulings that were not timely appealed.