TEQUESTA DEVELOPMENT CORP., A FLORIDA CORPORATION, APPELLANT,
v.
JUPITER UTILITY CO., INC., A FLORIDA CORPORATION, APPELLEE
TEQUESTA DEVELOPMENT CORP., A FLORIDA CORPORATION, APPELLANT,
JUPITER UTILITY CO., INC., A FLORIDA CORPORATION, APPELLEE
182 So. 2d 468
Florida District Court of Appeal, Fourth District (1966)
Caution
Cited by 2 cases
Opinion of the Court
Affirmed. See F.S.A. §§ 367.11, 367.20 and 367.21.
SMITH, C. J., and ANDREWS and WALDEN, JJ., concur.
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Leatherman v. Gus Gimourginas, 192 So. 2d 301 (Fla. 3d DCA 1966)…dge entered a final judgment in garnishment against the clerk of the circuit court, and this appeal ensued. We find error and reverse. As a general proposition, funds in custodia legis are not garnishable. See: Kusens v. Johannesburg, Fla.App.1966, 182 So. 2d 468; 3 Fla.Jur., Attachment and Garnishment, § 47; 6 Am.Jur.2d, Attachment and Garnishment, § 196, and cases cited therein. The appellee puts great stress on two opinions of the supreme court of this State, to wit: Young v. Stoutamire, 131 Fla. 535, 179…
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Kusens v. Johannesburg, 207 So. 2d 468 (Fla. 3d DCA 1968)…PER CURIAM. By these consolidated appeals, the appellants seek review of two orders entered subsequent to the mandate going down in Kusens v. Johannesburg, Fla.App.1966, 182 So. 2d 468. One of these orders discharged the escrow agent referred to in the cited case. The other dismissed an amended complaint for partition. The orders under review arrived in this court with a presumption of correctness. Dade County v. Pepper, Fla.App…