Legal Opinion

First Florida Bank, N.A. v. R.D.P. of Naples, Inc.

District Court of Appeal of Florida

Decided February 1, 1991No. 90-01913PublishedCited by 2 opinions

1Opinion of the Court

PATTERSON, Judge.

First Florida Bank, N.A. (First Florida) appeals a nonfinal order of the trial court requiring it to “immediately replace” funds paid from certain bank accounts pursuant to a final judgment in garnishment. We reverse.

R.D.P. of Naples, Inc., B.P.’s of Naples, Inc., and Podley Enterprises, Inc., hereafter referred to collectively as “Podley,” sued Naples Food Service, Inc., and David J. Hayes (Hayes) and obtained a final judgment in the amount of $77,524.80 on March 13, 1990.

Podley caused a writ of garnishment to be served on First Florida, as garnishee, on March 30, 1990.…

2Cases cited5 opinions

  1. Murphy v. Merchants Nat. Bank of MobileSupreme Court of Alabama · 1941
  2. Slaughter v. WinstonDistrict Court, E.D. Virginia · 1972
  3. In the Matter of Bernard Christian Slaughter v. Andrew J. Winston. Bernard Christian Slaughter v. City of RichmondCourt of Appeals for the Fourth Circuit · 1973
  4. Upper Blue Bench Irr. Dist. v. Continental Nat. Bank & Trust Co.Utah Supreme Court · 1937
  5. McDonald v. CaseSupreme Court of Arkansas · 1937

3Cited by2 opinions

  1. Barnett Bank of South Florida, N.A. v. American Medical Express Corp.District Court of Appeal of Florida · 1996
  2. Farm Credit v. Double H Dairy, Inc.District Court of Appeal of Florida · 1999

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