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682 So. 2d 196

Herskowitz v. Charney

District Court of Appeal of Florida

Decided October 23, 1996

District Court of Appeal of Florida · decided 1996-10-23

Cited by 7 later decisions — most recently October 2001

7 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1996-10-23

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PER CURIAM.

¶1Over a period of years, both the Probate Division and the General Jurisdiction Division of the Circuit Court ordered frozen in the registry of the court funds totaling more than $81,000.00. Those funds belong to the Estate of Bernard Herskowitz, and were originally deposited in the registry of the court as a tender to one of the Estate’s potential creditors.

¶2In refusing to release those funds to the Estate for distribution, the trial court abused its discretion. There is absolutely no basis in the record for continuing to retain the frozen funds in custodia legis.

¶3Reversed and remanded with directions to release the funds to the Estate of Bernard Herskowitz.

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