LESTER SHEELER ET AL., APPELLANTS,
v.
UNITED STATES BANK OF SEMINOLE, ETC., ET AL., APPELLEES
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Monies held in a joint bank account as a tenancy by the entirety are not subject to garnishment or execution for the individual debt of one of the parties.
Appellants challenged a trial court order allowing garnishment of a joint bank account to satisfy an individual debt. The trial court relied on a prio…
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WALDEN, Judge.
In response to appellants’ Point II, are monies held in a joint bank account of a husband and wife as a tenancy by the entirety subject to garnishment (or execution) to pay the individual debt of one of the parties ? The answer is “no” and we so hold.
The trial court had answered this question in the affirmative, relying upon First National Bank of Leesburg v. Hector Supply Co., Fla.App.1970, 236 So. 2d 204. Subsequently, as we discovered, the Supreme Court of Florida quashed and took the opposite tack in First National Bank of Leesburg v. Hector Supply Co., Fla.1971, 254 So. 2d 777. It is clear from the terms of the bank signature card that an estate by the entireties was expressly created and so we need only to reverse and remand with instructions to vacate and dissolve the order in garnishment upon authority of First National Bank of Leesburg v. Hector Supply Co., Fla.1971, 254 So. 2d 777.
As to Point I, we observe that it lacks merit substantively under the principle announced in Northside Motors of Florida, Inc. v. Brinkley, Fla., 282 So. 2d 617, opinion issued July 31, 1973. Additionally, the point is procedurally infirm as it could only be raised by appeal from the 1969 final judgment — this not having been done.
Reversed and remanded for proceedings consistent herewith.
Reversed and remanded.
OWEN, C. J., and MAGER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Beal Bank v. Almand & Assocs., 780 So. 2d 45 (Fla. 2001)…1999) (holding that extrinsic evidence is inappropriate when both husband and wife signed the signature card, which specifically and clearly designated the account as one held as tenants by the entireties); Sheeler v. United States Bank of Seminole, 283 So. 2d 566, 566 (Fla. 4th DCA 1973) (holding no further inquiry necessary where clear from the terms of the bank signature card that an estate by the entireties was expressly created). In addition, just as a signature card can contain an express statement tha…
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Sitomer v. Richard M. Orlan for Belle Orlan Sitomer, 660 So. 2d 1111 (Fla. 4th DCA 1995)…spouse to the whole of a bank account. The non-severability aspect of a tenancy by the entirety precludes a bank account so held from being subject to execution to satisfy an individual debt of either spouse. E.g., Sheeler v. U.S. Bank of Seminole, 283 So. 2d 566 (Fla. 4th DCA 1973); First Nat’l Bank of Leesburg, 254 So. 2d at 781. Significantly for this case, the nonseverability doctrine preserves the entireties status of funds even after one spouse renames an account or transfers money from it without the…
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Shelman Morse v. Kohl, Metzger, Spotts, P.A., 725 So. 2d 436 (Fla. 4th DCA 1999)…76, 1279 (Fla. 1st DCA 1990) (construing Lees-burg to hold that unless a tenancy by the entireties is clearly expressed in the instrument, the parties must prove they intended to create a tenancy by the entireties); Sheeler v. U.S. Bank of Seminole, 283 So. 2d 566, 566 (Fla. 4th DCA 1973) (“It is clear from the terms of the bank signature card that an estate by the entireties was expressly created and so we need only to reverse and remand with instructions to vacate and dissolve the order in garnishment upon…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- First Nat'l Bank OF Leesburg v. Hector Supply Co., 254 So. 2d 777 (Fla. 1971)
- Northside Motors OF Fla., Inc. v. Brinkley, 282 So. 2d 617 (Fla. 1973)
- First Nat'l Bank OF Leesburg v. Hector Supply Co., 236 So. 2d 204 (Fla. 3d DCA 1970)