LOUISE SCHMITT, AS ANCILLARY PERSONAL REPRESENTATIVE OF THE ESTATE OF BLANCHE E. BOYLE, DECEASED, APPELLANT,
v.
JAMES J. BOYLE, APPELLEE
LOUISE SCHMITT, AS ANCILLARY PERSONAL REPRESENTATIVE OF THE ESTATE OF BLANCHE E. BOYLE, DECEASED, APPELLANT,
JAMES J. BOYLE, APPELLEE
598 So. 2d 165
Florida District Court of Appeal, Third District (1992)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Smith, as personal representative of the estate of Blanche Boyle, appeals from a nonfinal order denying a motion for garnishment and injunctive relief. We hold that the funds used to post the supersedeas bond are not garnishable while in the depository of the court. See Leatherman v. Gimourginas, 192 So. 2d 301 (Fla. 3d DCA 1966) (funds in custodia legis are not gar-nishable).
Accordingly, we affirm without prejudice and remand with directions that, upon proper application for return of the bond, the trial court should specify when the funds are to be released and notify all parties involved of that fact.
Affirmed and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Boyle v. Schmitt, 602 So. 2d 665 (Fla. 3d DCA 1992)…iate that contract during her lifetime, provided that she gives notice of that repudiation to the co-promisor and the third-party beneficiary. Affirmed. . The litigation over the bonds resulted in appeals to this court. See e.g., Schmitt v. Boyle, 598 So. 2d 165 (Fla. 3d DCA 1992); Boyle v. Schmitt, 552 So. 2d 1158 (Fla. 3d DCA 1989). . John Boyle has stipulated that his mother repudiated the will agreement during the divorce proceeding. . The litigation over the contract to make a will resulted in the fo…
-
Walker v. Palm Beach Commerce Ctr. Associated, Ltd., 614 So. 2d 1097 (Fla. 1993)…KOGAN, Justice. We have for review Palm Beach Commerce Center Associated v. Walker, 598 So. 2d 165 (Fla. 4th DCA 1992), in which the district court certified the following question as one of great public importance: UNDER WHAT CIRCUMSTANCES IS A TAXPAYER ENTITLED TO A STAY OF THE COLLECTION OF TAXES PENDING HER CHALLENGE TO THE [*1098] ASSESSED…
Authorities Cited
- Leatherman v. Gus Gimourginas, 192 So. 2d 301 (Fla. 3d DCA 1966)