Legal Opinion

Morgan Stanley Smith Barney, LLC v. Gibraltar Private Bank & Trust Co.

District Court of Appeal of Florida

Decided April 15, 2015No. 3D14-1001PublishedCited by 6 opinions

1Opinion of the CourtSuarez, J.

Garnishee Morgan Stanley Smith Barney, LLC, (“Morgan Stanley”) appeals from an order denying a motion for rehearing of its motion to quash service of process and requiring Morgan Stanley to pay an amount equal to funds released by it after disputed service of a Writ of Garnishment. We reverse.

The judgment creditor is Gibraltar Private Bank & Trust Co. (“Gibraltar”). A Final Judgment of Foreclosure on certain properties held by the judgment debtors was issued by the trial court and the subject properties were later sold at a foreclosure sale for $1,600,100.00. Gibraltar was then owed…

2Cases cited13 opinions

  1. Klosenski v. FlahertySupreme Court of Florida · 1959
  2. Re-Employment Services, Ltd. v. NLACDistrict Court of Appeal of Florida · 2007
  3. Lance Koster v. Carol SullivanSupreme Court of Florida · 2015
  4. Bank of America, N.A. v. BornsteinDistrict Court of Appeal of Florida · 2010
  5. Hernandez v. STATE FARM MUT. AUTO. INS. CO.District Court of Appeal of Florida · 2010

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3Cited by6 opinions

  1. Coutts v. Sabadell United Bank, N.A.District Court of Appeal of Florida · 2016
  2. Sadlak v. Nationstar MortgageDistrict Court of Appeal of Florida · 2018
  3. Brunett v. Nirvana Health Services, Inc.District Court, M.D. Florida · 2020
  4. Pinnacle Foods of California, LLC v. Popeyes Louisiana Kitchen, Inc.District Court, S.D. Florida · 2022
  5. TURNER v. MSC CRUISE MANAGEMENT (UK) LTD.District Court, S.D. Florida · 2022

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