Legal Opinion

Ziegler v. Frank, Strelkow & Gay

District Court of Appeal of Florida

Decided November 2, 1982No. 82-461PublishedCited by 1 opinion

1Per curiam

We reverse the order under review, which, inter alia, found the cause to *672be a proper interpleader, dismissed the plaintiff-appellee from the action, and temporarily enjoined the defendants-appellants from filing any further actions respecting the interpleaded funds. We hold that (1) the trial court’s denial of the defendants’ motion to dismiss the complaint for inter-pleader which simply challenges the sufficiency of the well-pleaded allegations of the complaint does not end the inquiry as to the propriety of interpleader where the defendants, as here, seek to allege facts not revealed by the…

2Cases cited4 opinions

  1. Drummond Title Company v. WeinrothSupreme Court of Florida · 1955
  2. Lowry v. Downing Manufacturing Co.Supreme Court of Florida · 1917
  3. Hartzog v. DixonDistrict Court of Appeal of Florida · 1979
  4. Hernandez v. Travelers Ins. Co.District Court of Appeal of Florida · 1978

3Cited by1 opinion

  1. Concordia Federal Savings & Loan Ass'n v. Kimler & Entin, P.A.District Court of Appeal of Florida · 1987

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