R. K. COOPER CONSTRUCTION COMPANY, A FLORIDA CORPORATION, APPELLANT,
v.
ALAN D. FULTON AND MARGARET FULTON, APPELLEES, CITY NATIONAL BANK OF MIAMI, A NATIONAL BANKING ASSOCIATION, ORGANIZED AND EXISTING UNDER THE LAWS OF THE UNITED STATES OF AMERICA, GARNISHEE
R. K. COOPER CONSTRUCTION COMPANY, A FLORIDA CORPORATION, APPELLANT,
ALAN D. FULTON AND MARGARET FULTON, APPELLEES, CITY NATIONAL BANK OF MIAMI, A NATIONAL BANKING ASSOCIATION, ORGANIZED AND EXISTING UNDER THE LAWS OF THE UNITED STATES OF AMERICA, GARNISHEE
187 So. 2d 379
Florida District Court of Appeal, Third District (1966)
Positive Treatment
Cited by 5 cases
Opinion of the Court
Affirmed on the authority of Chaachou v. Kulhanjian, Fla.1958, 104 So.2d 23; *380Builders Finance Co., Inc. of St. Petersburg v. Ridgewood Homesites, Inc., Fla.App.1963, 157 So.2d 551; Galloway v. Musgrave, Fla.App.1963, 154 So.2d 846; Kurkjian v. Fish Carburetor Corporation, Fla.App.1962, 145 So.2d 523; Kissling v. McCarthy, Fla.App.1958, 100 So.2d 434.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fulton v. R. K. Cooper Constr. Co., 208 So. 2d 863 (Fla. 3d DCA 1967)…e claimed by the appellant, the appellee secured a writ of garnishment before judgment. The trial court entered an order quashing the writ of garnishment and that order was appealed to this Court. See Cooper Construction Co. v. Fulton, Fla.App.1966, 187 So. 2d 379. An examination of this memorandum opinion shows that it was affirmed upon the basis of many cases which hold that garnishment does not lie where an amount of indebtedness owing by garnishee to the judgment debtor is contingent or uncertain. Apparen…1 / 2
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Sohn v. Cominole, 253 So. 2d 898 (Fla. 1st DCA 1971)…nd owing to them.” The foregoing rule has been recognized and applied by the Florida Appellate Courts in many subsequent cases, including Kurkjian v. Fish Carburetor Corporation, 145 So. 2d 523 (Fla.App.1962), Cooper Construction Company v. Fulton, 187 So. 2d 379 (Fla.App.1966), and many others. For example, in the Kurkjian case, supra, we reversed an order denying a deficiency decree on the ground that the chancellor’s decision must be supported by “established equitable principles based upon proven facts…
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R. K. Cooper Constr. Co. v. Fulton & City Nat'l Bank of Miami, 194 So. 2d 621 (Fla. 1966)…Certiorari denied without opinion. 187 So. 2d 379.…
Authorities Cited
- Kurkjian v. Fish Carburetor Corp., 145 So. 2d 523 (Fla. 1st DCA 1962)
- Kissling v. McCARTHY, 100 So. 2d 434 (Fla. 3d DCA 1958)
- Weintraub v. Weinstein, 154 So. 2d 846 (Fla. 3d DCA 1963)
- Builders Fin. Co., Inc. v. Ridgewood Homesites, Inc., 157 So. 2d 551 (Fla. 2d DCA 1963)
- Khadourie Chaachou and/or v. Kulhanjian, 104 So. 2d 23 (Fla. 1958)