Church v. Hanft

District Court of Appeal of Florida

Church v. Hanft

870 So. 2d 185, 2004 Fla. App. LEXIS 2145, 2004 WL 360868

District Court of Appeal of Florida·Decided February 25, 2004·No. No. 3D03-1792·Published

Opinion

PER CURIAM.

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

We 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.

Affirmed in part, reversed in part.

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PER CURIAM.

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

We 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.

Affirmed in part, reversed in part.

Church v. Hanft, 870 So. 2d 185, 2004 Fla. App. LEXIS 2145, 2004 WL 360868 (Fla. Ct. App. 2004).

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