PAUL MITCHELL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Zimmerman v. Cade Enters., Inc., 34 So. 3d 199 (Fla. 1st DCA 2010)
  …provided for in early Florida law is now set forth in Florida Rule of Civil Procedure 1.240. Even after the adoption of rule 1.240, interpleader remains an equitable remedy governed by equitable principles. See Wassman v. Travelers Cas. & Sur. Co., 797 So. 2d 626, 631-32 (Fla. 5th DCA 2001). Rule 1.240 provides in pertinent part, Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or…
• Errol Rainess v. In re Est. OF Keiko MacHida, 81 So. 3d 504 (Fla. 3d DCA 2012)
  …action for damages. Rather, it has been established that, “[e]ven after the adoption of rule 1.240, interpleader remains an equitable remedy governed by equitable principles.” Zimmerman, 34 So. 3d at 202 (citing Wassman v. Travelers Cas. & Sur. Co., 797 So. 2d 626, 631-32 (Fla. 5th DCA 2001)). Thus, the trial court did not err in denying Rainess’ claim for prejudgment interest. The trial court did not err in considering secondary evidence regarding the contents of the IRA Simplifier, and its determination th…
• Brock v. Bowein, 99 So. 3d 580 (Fla. 2d DCA 2012)
  …1148 (Fla. 3d DCA 1984). Granted, the Clerk would not have been entitled to seek inter-pleader if Mr. Bowein had already obtained a judgment against the Clerk on Mr. Bowein’s claim for the accrued interest. See Wassman v. Travelers Cas. & Sur. Co., 797 So. 2d 626, 633 (Fla. 5th DCA 2001) (“[I]n order for a plaintiff to be entitled to relief by interpleader, he must apply for that relief before a judgment at [*586] law has been rendered in favor of any of the claimants to the common fund.”). However, Mr. Bowe…

Authorities Cited

• Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
• Robinson v. State, 373 So. 2d 898 (Fla. 1979)
• Leonard v. State, 760 So. 2d 114 (Fla. 2000)