ALFRED A. COSENTINO AND DAVID B. GAM, D/B/A COSENTINO AND GAM, ENGINEERS, APPELLANTS,
v.
JEROME ELSON AND HEIMAN AND CRARY, P.A., APPELLEES
ALFRED A. COSENTINO AND DAVID B. GAM, D/B/A COSENTINO AND GAM, ENGINEERS, APPELLANTS,
JEROME ELSON AND HEIMAN AND CRARY, P.A., APPELLEES
263 So. 2d 253
Florida District Court of Appeal, Third District (1972)
Positive Treatment
Cited by 6 cases
Opinion of the Court
The order of the trial court, here under review, be and the same is hereby affirmed. Funds in escrow are not subject to garnishment [see: 6 Am.Jur.2d, Attachment and Garnishment, § 125; 28 Am.Jur.2d, Escrow, § 10; 38 C.J.S. Garnishment § 77c(l); Anno. 10 A.L.R. 741] except where all conditions of the escrow had been completed and the funds without dispute are due to a judgment debtor.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fla. Pub. Serv. Comm'n v. Pruitt, 587 So. 2d 561 (Fla. 1st DCA 1991)…ertising agency agreed as a matter of law, that funds in an escrow account are not subject to garnishment except where all conditions of the escrow have been completed and the funds without dispute are due to the judgment debtor. Cosentino v. Elson, 263 So. 2d 253, 254 (Fla. 3d DCA 1972). It therefore follows that the garnishment must be reversed because the bank’s answer reveals issues of fact regarding the ownership and control of the escrow account and the answer does not establish as a matter of law that…
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Clarendon Grp., Ltd. v. Lahus II, Inc., 601 So. 2d 630 (Fla. 3d DCA 1992)…PER CURIAM. Affirmed. Cosentino v. Elson, 263 So. 2d 253 (Fla. 3d DCA 1972); § 77.07, Fla.Stat. (1991).…
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Nova Ins. Grp., Inc. v. Fla. Dep't OF Ins., 606 So. 2d 429 (Fla. 1st DCA 1992)…in the circuit court of Dade County, neither can the department as receiver for Central. In sum, we hold that because the escrow fund is not Central’s property, but rather, is property of Nova’s to which Central has a claim, see Cosentino v. Elson, 263 So. 2d 253 (Fla. 3d DCA 1972), the trial court erred in directing a transfer of the fund to the receiver at this juncture. Nova next argues that the trial court erred in requiring it to file its claim 'to the escrowed funds in the Chapter 631 proceeding comme…