Legal Opinion

Vance Realty Group, Inc. v. Park Place at Metrowest, Phases Six & Seven, Ltd.

District Court of Appeal of Florida

Decided August 26, 2005No. 5D04-1836PublishedCited by 3 opinions

1Opinion of the CourtThompson, J.

The appellant, Vance Realty Group, Inc. (“Vance Realty”), challenges the nonfinal order authorizing the disbursement to Am-South on behalf of the appellees1 $21,337.80 in funds it paid into the registry of the court. Because the funds paid into the registry were not the proper subject of any claim for relief and were deposited without leave of court, they were not in the lawful custody of the court and were disbursed in error. We therefore reverse.

We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii). Vance Realty, the tenant in a commercial lease agreement,…

2Cases cited2 opinions

  1. Phipps v. WatsonSupreme Court of Florida · 1933
  2. Geany v. Packers of Indian River, Inc.District Court of Appeal of Florida · 1995

3Cited by3 opinions

  1. Howard Avenue Station, LLC v. KaneDistrict Court, M.D. Florida · 2021
  2. Khatib v. WyattDistrict Court of Appeal of Florida · 2009
  3. OMNI HEALTHCARE, INC. vs NORTH BREVARD COUNTY HOSPITAL DISTRICT D/B/A PARRISH MEDICAL CENTER AND CRAIG DELIGDISHDistrict Court of Appeal of Florida · 2023

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