Legal Opinion

Nestor v. Dependable Insurance Co.

District Court of Appeal of Florida

Decided December 29, 1988No. 88-2201Published

1Opinion of the Court

ON MOTION TO DISMISS APPEAL

ORFINGER, Judge.

Appellee’s motion to dismiss this appeal, grounded on the assertion of untimeliness, is denied.

Contrary to appellee’s assertion, an order entered in proceedings supplementary to execution (§ 56.29, Fla.Stat. (1987)) which directs the enforcement of a judgment against funds held by a third party as property of the judgment debtor, is a final appealable order. Ball v. Papp, 317 So.2d 801 (Fla. 4th DCA 1975). A proceeding supplementary to execution is, in legal contemplation, a separate cause from the main suit in which the judgment supporting the…

2Cases cited3 opinions

  1. Orange Belt Packing Co. v. International Agricultural Corp.Supreme Court of Florida · 1933
  2. Ball v. PappDistrict Court of Appeal of Florida · 1975
  3. Williams v. DEPT. HLTH. & REHB. SERV.District Court of Appeal of Florida · 1985

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