Legal Opinion
5361 N. Dixie Highway, Inc. v. Capital Bank
District Court of Appeal of Florida
Decided March 8, 1995No. 94-3559PublishedCited by 3 opinions
1Opinion of the Court
ON MOTION TO DISMISS
2Per curiam
Appellees’ motion to dismiss, for lack of appellate court jurisdiction to review a trial court order denying a motion to dissolve a pre-judgment writ of garnishment, is denied. In the underlying action, Capital Bank alleges that Appellants are indebted to the bank. A prejudgment writ froze the Appellants’ operating account. Appellees assert that the order is not an authorized non-final appeal under Florida Rule of Appellate Procedure 9.130. However, we conclude that jurisdiction at minimum, exists under rule 9.130(a)(3)(C)(ii), as an order determining the immediate…
3Cases cited5 opinions
- Cerna v. Swiss Bank Corp.(Overseas), SADistrict Court of Appeal of Florida · 1987
- Barbouti v. LysandrouDistrict Court of Appeal of Florida · 1990
- Hamilton v. HanksDistrict Court of Appeal of Florida · 1975
- Ramseyer v. WilliamsonDistrict Court of Appeal of Florida · 1994
- Transportes Aereos Mercantiles Panamericanos, S.A. v. Banco CafeteroDistrict Court of Appeal of Florida · 1984
4Cited by3 opinions
- In Re Amendments to the Florida Rules of Appellate ProcedureSupreme Court of Florida · 2008
- In Re Amendments to the Florida Rules of Appellate ProcedureSupreme Court of Florida · 2008
- Martinez v. golisting.comDistrict Court of Appeal of Florida · 2017