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
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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.
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.
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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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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Davidson v. Davis, 59 Fla. 476 (Fla. 1910)
- Nelson v. Scarritt Motors, 48 So. 2d 168 (Fla. 1950)
- Mid-State Homes, Inc. v. Staines, 161 So. 2d 569 (Fla. 2d DCA 1964)
- Jay Dillon and his wife v. J. W. Walter, Inc., 98 So. 2d 391 (Fla. 1st DCA 1957)