Estate of Bain v. Bibolini

The Estate of Jerome Bain appeals from an order of final summary judgment of garnishment. For the following reasons, we reverse.1

This appeal is the latest installment in a long history of litigation that began in 1989 between Jerome Bain, a realtor now deceased, and a property owner, Miller Lakes, over a real estate broker’s commission.2 This particular piece of litigation introduces a new participant to the proceedings, Reinaldo Bibolini, a judgment creditor who obtained a judgment for breach of contract against Miller Lakes. That judgment is unrelated to the judgment for a real estate sales…