FLORIDA RECEIVERSHIP SERVICES

Because of her experience, together with her credentials, Jane Muir has been appointed receiver to supervise many different types of businesses in dispute. Example matters include:

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In re: Colmenares v. Morris, Case No. 2016-028025-FC-04, 11th Judicial Circuit of Florida​

Appointed by the Hon. Bernard Shapiro

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Husband and Wife were fitness instructors and entrepreneurs, with six lines of business through three companies: a body building gym, a smoothie bar, a line of “white labeled” nutritional supplements, a line of fitness apparel, two retail locations selling nutritional supplements, and a retail location selling ladies’ clothing and accessories. Husband was bilingual and Colombian-American and Wife was Venezuelan, and only spoke Spanish.

During their divorce, Wife alleged that Husband was appropriating cash income, refusing to pay obligations of the business, and moved to appoint a receiver. One week after her appointment, Husband was arrested by the U.S. Marshals for illegal import of performance enhancing drugs and $150,000 cash was seized from his home. Ms. Muir recovered the entire cash balance seized from a federal civil forfeiture action, negotiated with and paid creditors, and wound up the business insulating Wife from further business liability.

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In re: Martinez v. Martinez, Case No. 2017-013294-FC-04, 11th Judicial Circuit of Florida

Appointed by the Hon. Monica Gordo

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Husband was a skilled mechanic for heavy machinery, wife managed back office, for a small business located on undeveloped land in the City of Doral focused on heavy equipment refurbishment and storage. The Cuban-American couple primarily spoke Spanish. Wife filed for divorce alleging that Husband had intentionally dissipated assets, accepted cash payments without recording them, and was failing to pay obligations of the company, and Ms. Muir was appointed receiver.

Ms. Muir investigated and discovered that the business revenue had declined precipitously in the preceding three years concurrent with the son’s joining the business. The son had a degree in accounting and an MBA, but in spite of these credentials appeared to the Receiver to have caused the reduction in revenue. After reporting on her findings, which included that the company’s primary activity of refurbishing heavy equipment was unlawful due to applicable city zoning and Department of Environmental Regulation and Management rules and recommending that the company enter a bare land lease to continue to operate, the parties reconciled, withdrew their divorce petition, and sued the receiver. The suit was ultimately dismissed with prejudice and the receiver’s report accepted, with all requested fees approved. 

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In re: Balandina v. Schelkanov, Case No. 2021-021041-FC-04, 11th Judicial Circuit of Florida

Appointed by the Hon. Veronica Diaz

Husband and wife emigrated from Russia on a business visa requiring the purchase of a restaurant. They had three children, one with special needs. Both primarily spoke Russian, so they retained a translator who allegedly began a romantic relationship with Husband leading to the filing of a divorce. Wife alleged SBA loan and Paycheck Protection Program (“PPP”)  fraud by Husband, and that Husband had misappropriated income to the restaurant. Ms. Muir was appointed by agreement of the parties and took control of the operation of the restaurant.

Upon investigation, the restaurant required thorough cleaning to meet health standards and had received citations for issues such as worn gaskets and unclean grease traps. There were no cash management procedures in place, though the restaurant had significant cash revenue. Sunny Isles Beach is an area where cash payments are more common due to its demographics.

Ms. Muir implemented cash management, (daily cash count, drop safe, routine deposits) an integrated point of sale, inventory management, scheduling, and payroll system (Toast), a marketing program to grow take out business, and other modernizations. Her report noted that Wife had granted Husband a durable general power of attorney which allowed him to execute agreements to borrow from the SBA and apply for PPP, and that it appeared that the company bookkeeper was responsible for cash dissipation. All but one of Ms. Muir’s applications for fees were approved by agreement of the parties.

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In re: Alicea v. Rolon, Case No. 2021-021041 Fc 04 (19), 16th Judicial Circuit of Florida

Appointed by the Hon. Holly Derenthal

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Husband was a chef and hospitality entrepreneur, wife had an associate’s degree in business management and managed personnel and back office operations of a cafe with 63 seats and a nightclub with a capacity of 200. Husband requested appointment of the receiver, alleging that Wife had been excluding him from operations and accounts, and misappropriating cash receipts. Wife alleged that Husband was also accepting cash payments and using business assets for side business activities that were not for the benefit of the marital estate.

Ms. Muir was appointed receiver by agreement of the parties. Upon investigation, the Receiver concluded that Wife had failed to pay business obligations of state sales tax, licenses, professionals, and rent, that the nightclub was licensed as a restaurant and food sales were not sufficient to meet licensing requirements, and that the current cash receipts were inconsistent with historical reports.

Ms. Muir implemented cash management procedures, including wrist bands at the door, restructured the menu to include more appetizers and a limited menu for late night hours to increase food sales, and handled controversies including allegations that guests brandished weapons at the nightclub. All receivership fees were ordered by agreement.

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In re: Diaz v. Diaz, Case No. 2024-DR-000264-P, 9th Judicial Circuit of Florida

Appointed by the Hon. Luis Garcia

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Husband was a salesman and auto recycler, wife handled office operations and financial issues. During the divorce, the parties had mostly resolved their differences, with several issues preventing finalization of a marital settlement agreement. In particular, Husband’s attorney held in trust $2.5 million in proceeds from the sale of a commercial property but refused to pay jointly owed liabilities on questionable grounds. Frustrated, Wife’s attorney moved to appoint a receiver.

Upon receipt of the order for appointment, Ms. Muir requested immediate transfer of the trust funds and meetings with the parties to begin to take control over the business. Three days later, the parties signed a marital settlement agreement. The total fee request from the receiver at the time of settlement was less than $2,000.

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Relevant Community Service                 

11th Judicial Circuit Receivership Task Force

2013-2017

Participated in a committee of members of the voluntary bar to encourage appointment of diverse candidates for receivership service, developed a database tool to enable the judiciary to make selections of minorities, women, and candidates with fewer years of experience in practice.

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Florida Bar Voluntary Bar Leaders Conference

Various

As a member of the Voluntary Bar Liaison Committee of the Florida Bar, participated in organizing the annual conference and delivered training to voluntary bar leaders on developing and maintaining financial controls and budget, use of procedures and vendors in the operation of non-staffed bar organizations, and creative programming.

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Dade County Bar Association 

2010- Present

Service as member of the board, treasurer, secretary, vice president, president-elect, and president of voluntary bar organization, including implementing financial controls, selecting and supervising personnel and vendors, and providing accurate financial and operational reports to the board of directors. Chair of the Building Committee, responsible for maximizing revenue from building asset.

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Coral Gables Bar Association

2010- 2020

Service as member of the board, treasurer, secretary, vice president, president-elect, and president of non-staffed voluntary bar organization, including implementing membership management website, and creating membership outreach strategy of routine events with procedures for execution and vendor support.

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Honors and Awards                                 

• Miami-Dade Florida Association for Women Lawyers, 2024 Law Firm Champion of Women Finalist

• Coral Gables Chamber of Commerce, 2023 Diamond Award Winner, Law Firm of the Year

• Miami Dade Bar Association, Johnnie M. Ridgely President’s Award, 2023

• Miami Dade Bar Association, Award of Appreciation “Above and Beyond,” 2021-2022

• Coral Gables Chamber of Commerce, 2022 Diamond Award Finalist, Law Firm of the Year

• Coral Gables Chamber of Commerce, 2020 Businesswoman of the Year, Philanthropy

• Super Lawyers Magazine, 2014-2018 Rising Star, 2021-24 Super Lawyer

• The Dade County Bar Association, 2016 Legal Luminary, Top Attorneys Under 40

• Brickell Magazine, 20 Under 40 Professionals 2016

• The Florida Bar Young Lawyers Division, 2015 Lynn Futch Most Productive Young Lawyer Award

• Legal Services of Greater Miami, 2015 Rising Star Award, “Together We Must” Campaign

• The Miami Herald, 20 Under 40 Emerging Leaders for South Florida for 2014

• Coral Gables Bar Association, 2014 President’s Award

• Martindale-Hubbell, Peer Review Rated AV Preeminent, 2014

• University of Miami School of Law Alumni Association, 2013 Alumni Leadership Award

• Florida Trend Magazine, 2012, 2016 Legal Elite, Top Up and Comer

• Dade County Bar Association, 2012 Pro Bono Service Award for Innovative Projects

• University of Miami School of Law Alumni Association, 2011 President’s Spirit of Achievement Award

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Languages                                              

English and Spanish