James v. Commercial Bank at Apopka

OWEN, Chief Judge.

The issue in this case is whether certain funds in a checking account at the garnishee bank were the property of the judgment debtor, Jim James, as alleged by the judgment creditor-garnishor, or were the property of one M. A. James, the eighteen year old daughter of Jim James, as reflected by the records of the garnishee bank.

This was a factual issue. Viewed most favorably to the judgment the evidence established the following: For many years Jim James had been in the business of wholesale buying and selling and leasing used automobiles; in June, 1972, the plaintiff in this…