M. A. JAMES, APPELLANT,
v.
COMMERCIAL BANK AT APOPKA ET AL., APPELLEES
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The court held that the funds in the checking account were the property of the judgment debtor and subject to garnishment.
A judgment creditor sought to garnish funds in a bank account. The account was in the name of the judgment debtor's eighteen-year-old daughter, who os…
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OWEN, Chief Judge.
The issue in this case is whether certain funds in a checking account at the garnishee bank were the property of the judgment debtor, Jim James, as alleged by the judgment creditor-garnishor, or were the property of one M. A. James, the eighteen year old daughter of Jim James, as reflected by the records of the garnishee bank.
This was a factual issue. Viewed most favorably to the judgment the evidence established the following: For many years Jim James had been in the business of wholesale buying and selling and leasing used automobiles; in June, 1972, the plaintiff in this case recovered a judgment against him in the amount of $10,010.20; a few months later appellant herein, M. A. James, the eighteen year old daughter of Jim James, ostensibly went into the identical business in which her father had been engaged for many years, under the tutelage and with the assistance of her father who received as compensation only his expenses; the business was started without any working capital but with 10 or 12 automobiles on hand under consignment, and as the vehicles were sold and paid for the profits were placed in a checking account with the garnishee bank under the name of “Leasing Systems”, shown on the bank records as wholely owned Iby M. A. James.
The court, specifically rejecting the testimony of Jim James and M. A. James relative to the question of who, in fact, owned the business, and describing the same as being unworthy of belief and stretching credulity to the “breaking point”, found that the funds in the account were in truth and in fact assets of Jim James and, thus, subject to the writ of garnishment. We find no reason to disturb this factual finding. The judgment is affirmed.
Affirmed.
CROSS and DOWNEY, JJ., concur.
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GEICO Fin. Servs., Inc. v. Kramer, 575 So. 2d 1345 (Fla. 4th DCA 1991)…nt of the funds equitably belonged to appellee. This interest, although equitable, can be reached. See Fehlhaber v. Fehlhaber, 850 F. 2d 1453 (11th Cir.1988); Ginsberg v. Goldstein, 404 So. 2d 1098, 1100 (Fla. 3d DCA 1981); James v. Commercial Bank, 310 So. 2d 399 (Fla. 4th DCA 1975). However, it cannot now be reached until the appeal of Kramer v. Kramer, Case No. 89-3047, is completed because the trial court in the divorce action entered a stay order, in lieu of a supersedeas bond, freezing the marital asset…
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Felice Ginsberg v. Goldstein, 404 So. 2d 1098 (Fla. 3d DCA 1981)…A 1961), to Goldstein v. Ginsberg, 399 So. 2d 415 (Fla. 3d DCA 1981). . An initial challenge by Ginsberg to Charlotte’s right to the $505.38 difference has been withdrawn and only $1,500 is now in issue. [3] 3. James v. Commercial Bank at Apopka, 310 So. 2d 399 (Fla. 4th DCA 1975) involves the converse situation, holding that garnishment properly lay against funds which were “in truth and in fact,” 310 So. 2d at 400, owned by the judgment debtor, even though they were under deposit in the name of another.…
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Nat'l CAR Rental Sys., Inc. v. Bruce A. Ryals Enters., Inc., 380 So. 2d 529 (Fla. 5th DCA 1980)…party’s personal bank account to garnishment by the creditor. The cases cited by appellant are distinguishable, and involve fact situations where the source of the funds could be traced to the judgment debtor. In James v. Commercial Bank at Apopka, 310 So. 2d 399 (Fla. 4th DCA 1975), the garnishee was the daughter of the judgment debtor, and had set up a business identical to her father’s prior business, with the assistance of her father. The court found the new business to be owned by the father, and funds…
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