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870 So. 2d 185

Church v. Hanft

District Court of Appeal of Florida

Decided February 25, 2004

District Court of Appeal of Florida · decided 2004-02-25

Decided 2004-02-25

PER CURIAM.

¶1Suzanne Church appeals from an order vacating a show cause order directing Charles Schwab & Company, Inc. to dis*186burse benefits from an Individual Retirement Account.

¶2We affirm that portion of the order that relieves Charles Schwab of any obligation to show cause why it should not disburse retirement benefits to Church, a judgment creditor. See § 222.21(2)(a), Fla. Stat. (2003)(“any money ... payable” to a participant from a qualified retirement plan is “exempt from all claims of creditors of the ... participant”). However, we reverse the remainder of the order relating to the status of the retirement benefits after they have left Charles Schwab’s hands as premature.

¶3Affirmed in part, reversed in part.

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