BNB CONSTRUCTION, INC., AND BRIAN A. BENT, PETITIONERS,
v.
NICON CONSTRUCTION, INC., RESPONDENT

Fla. 4th DCA | 2009-07-15
No. 4D09-1137
TAYLOR, HAZOURI and DAMOORGIAN, JJ., concur.
13 So. 3d 1107 Florida District Court of Appeal, Fourth District (2009) Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioners, BNB Construction, Inc. and Brian A. Bent, seek review of an order that requires them to deposit funds from four bank accounts into the court registry. As petitioners were not parties to the litigation below when the order issued, we exercise certiorari review and grant the petition. The funds paid by Arch Insurance Company to Stonebridge Gardens, Section Two, Condominium Association, Inc. did not remain specifically identifiable in petitioners’ various business and personal accounts to permit the relief granted. M.I. Indus. USA Inc. v. Attorneys’ Title Ins. Fund, Inc., 6 So.3d 627 (Fla. 4th DCA 2009).

TAYLOR, HAZOURI and DAMOORGIAN, JJ., concur.

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  • Stand UP FOR Animals, Inc. v. Monroe Cnty., 69 So. 3d 1011 (Fla. 3d DCA 2011)
    …a trust must be specifically identifiable, funds deposited into an account and comin-gled with other funds cannot ordinarily be [*1014] the subject of an injunction. M.I. Indus. USA Inc., 6 So. 3d at 628-29; BNB Constr., Inc. v. Nicon Constr., Inc., 13 So. 3d 1107, 1108 (Fla. 4th DCA 2009) (quashing an order sequestering funds deposited in four bank accounts because the funds deposited in the accounts had not remained “sufficiently identifiable”). The County’s ex parte motion to freeze SUFA’s accounts confirm…
  • Ames v. Ames, 204 So. 3d 132 (Fla. 4th DCA 2016)

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