Legal Opinion

Barnett Bank of South Florida, N.A. v. American Medical Express Corp.

District Court of Appeal of Florida

Decided April 3, 1996No. Nos. 95-1432, 95-870PublishedCited by 1 opinion

1Opinion of the Court

SCHWARTZ, Chief Judge.

We hold that the trial court properly vacated a garnishment judgment under Florida Rule of Civil Procedure 1.540(b)(5)1 because the underlying debt owed by the garnishee to the plaintiff-garnishor’s judgment debtor had been fully satisfied. See § 77.083, Fla.Stat. (1995); First Florida Bank, N.A v. R.D.P. of Naples, Inc., 573 So.2d 1025 (Fla. 2d DCA *8201991); Carpenter v. Benson, 478 So.2d 353 (Fla. 5th DCA 1985), review denied, 488 So.2d 829 (Fla.1986); United Presidential Life Ins. Co. v. King, 361 So.2d 710 (Fla.1978). See generally Preferred Mut. Ins. Co. v. Davis,…

2Cases cited5 opinions

  1. United Presidential Life Ins. v. KingSupreme Court of Florida · 1978
  2. Preferred Mut. Ins. Co. v. DavisDistrict Court of Appeal of Florida · 1993
  3. Carpenter v. BensonDistrict Court of Appeal of Florida · 1985
  4. Weitzman v. FIF Consultants, Inc.District Court of Appeal of Florida · 1985
  5. First Florida Bank, N.A. v. R.D.P. of Naples, Inc.District Court of Appeal of Florida · 1991

3Cited by1 opinion

  1. Cunha v. CunhaDistrict Court of Appeal of Florida · 2012

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