PETER J. H. PROHASKA, APPELLANT,
v.
W. B. MOUTZ, JR., MEDORA M. MOUTZ, J. R. GRUBBS, LORETTA C. GRUBBS AND THE BANK OF BELLVIEW, A FLORIDA BANKING CORPORATION, APPELLEES

Fla. 1st DCA | 1977-07-29
No. EE-309
RAWLS, Acting C. J., BOYER, J., and MASON, ERNEST E., Associate Judge, concur.
348 So. 2d 1225 Florida District Court of Appeal, First District (1977)

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Synopsis

The appellate court reversed the trial court's order determining the bank's interest in certain assets, finding the trial court lacked jurisdiction to order the bank to tender assets it possessed and claimed an interest in, as the bank was not a party to the underlying suit.


Holding

The trial court erred in ordering the bank to tender assets and withdraw its claim against the account receivable because the bank was not a party to the suit and the trial court lacked jurisdiction to determine the bank's property rights.


Facts & Procedural History

A shareholder derivative action led to the appointment of a receiver for a corporation that had accounts and an account receivable at the bank. The ba…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Davidson v. Davis, 59 Fla. 476, 52 So. 139 (1910); Nelson v. Scarritt Motors, Inc. et al., 48 So. 2d 168 (Fla.1950); Dillon v. J. W. Walter, Inc., 98 So. 2d 391 (Fla. 1 DCA 1957); Mid-State Homes, Inc. v. Staines, 161 So. 2d 569 (Fla. 2 DCA 1964).

RAWLS, Acting C. J., BOYER, J., and MASON, ERNEST E., Associate Judge, concur.


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