Harmon v. Germain

SCHWARTZ, Chief Judge.

Fritz Germain thought he saw a gold bracelet which had been stolen from him on *72the wrist of Clinton Harmon. City of Miami police officers seized the item, but could not determine who owned it. The city therefore filed an interpleader action in which Germain and Harmon’s mother, Maria Attical, each claimed the bracelet. After a non-jury trial, the trial judge found that “[t]he testimony from all parties is contradictory and can not be reconciled,” and thereupon ordered that the bracelet be sold and its proceeds evenly divided. We vacate this order as a totally and…