PUNTA GORDA STATE BANK, A CORPORATION, APPELLANT,
v.
J. H. HANCOCK AND J. L. DISHONG, AS SHERIFF OF DESOTO COUNTY, FLORIDA, APPELLEES
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The Florida Supreme Court affirmed a lower court's decree in part but reversed a specific provision regarding the levy of execution. The court found no error in the decree except for the fourth paragraph, which authorized a levy on specific property.
The court held that the decree was generally without error, but the specific provisions in the fourth paragraph authorizing and directing a levy of execution upon the mentioned property were erroneous.
“it seems to the court that there is no error in the decree except as to the fourth paragraph thereof”
This quote establishes the court's general finding regarding the decree's validity.
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Join FLexlaw to unlock all legal intelligenceThe case involved an appeal by Punta Gorda State Bank from a decree issued by a lower court. The specific details of the underlying dispute are not pr…
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Per Curiam.
This cause having heretofore been submitted to the court upon the transcript of the record of the decree aforesaid and argument of counsel for the respective parties,, and the record having been seen and inspected, and the court being now advised of its judgment to be given in the premises, it seems to the court that there is no error in the decree except as to the fourth paragraph thereof; it is, therefore, considered, ordered and decreed that the decree appealed from be and it is hereby affirmed except as to the provisions of the fourth paragraph thereof authorizing and directing a levy of the execution upon the property mentioned in the decree, which provisions of the decree are hereby reversed to the end that without specific directions the rights of the execution creditor may be enforcd in due course of appropriate procedure.
It is so ordered.
All concur.