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598 So. 2d 165

Schmitt v. Boyle

District Court of Appeal of Florida · decided 1992-04-28

Cited by 2 later decisions — most recently March 1993

2 state decisions

Relies on Leatherman v. Gimourginas

Good law ✅— No negative treatment on recordhow we know

Decided 1992-04-28

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PER CURIAM.

¶1Smith, as personal representative of the estate of Blanche Boyle, appeals from a nonfinal order denying a motion for garnishment and injunctive relief. We hold that the funds used to post the supersedeas bond are not garnishable while in the depository of the court. See Leatherman v. Gimourginas, 192 So.2d 301 (Fla. 3d DCA 1966) (funds in custodia legis are not gar-nishable).

¶2Accordingly, we affirm without prejudice and remand with directions that, upon proper application for return of the bond, the trial court should specify when the funds are to be released and notify all parties involved of that fact.

¶3Affirmed and remanded with directions.

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