Citizens & Peoples National Bank v. Head

District Court of Appeal of Florida

Citizens & Peoples National Bank v. Head

701 So. 2d 887, 1997 Fla. App. LEXIS 7723

CourtDistrict Court of Appeal of Florida

DecidedJuly 11, 1997

DocketNo. 96-2820

StatusPublished

This text of 701 So. 2d 887 (Citizens & Peoples National Bank v. Head) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Citizens & Peoples National Bank v. Head, 701 So. 2d 887, 1997 Fla. App. LEXIS 7723 (Fla. Ct. App. 1997).

Pincite

Opinion

PER CURIAM.

Citizens and Peoples National Bank of Pensacola (Bank) and Robert G. Kerrigan (Kerrigan) appeal two orders entered by the trial court pursuant to this court’s remand directions in Citizens & Peoples National Bank of Pensacola v. Futch, 650 So.2d 1008 (Fla. 1st DCA 1994), review denied, 660 So.2d 712 (Fla.1995)(Futch III). We affirm the trial court’s rulings, and write only to clarify certain language employed in the order of June 14,1996.

The June 14, 1996, order directed that awards in favor of the Bank and Kerrigan which were reversed by this court in Futch III, were vacated and set aside, and that the Bank and Kerrigan “shall take nothing by this action and go hence without day.” We conclude the phrase “go hence without day,” should be construed as meaning that the Bank and Kerrigan may not pursue their respective claims further in the state court [888]*888action, but both may assert their claims to Mr. Head’s trustee in bankruptcy.

Accordingly, we affirm the trial court’s rulings requiring the deposit of $102,093.45, into the registry of the court, together with interest from the date of judgment. These rulings do not preclude the Bank and Kerri-gan from asserting any claims they may have to the bankrupt estate to Mr. Head’s trastee in bankruptcy.

JOANOS, WOLF and VAN NORTWICK, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Citizens and Peoples National Bank of Pensacola (Bank) and Robert G. Kerrigan (Kerrigan) appeal two orders entered by the trial court pursuant to this court’s remand directions in Citizens & Peoples National Bank of Pensacola v. Futch, 650 So.2d 1008 (Fla. 1st DCA 1994), review denied, 660 So.2d 712 (Fla.1995)(Futch III). We affirm the trial court’s rulings, and write only to clarify certain language employed in the order of June 14,1996.

The June 14, 1996, order directed that awards in favor of the Bank and Kerrigan which were reversed by this court in Futch III, were vacated and set aside, and that the Bank and Kerrigan “shall take nothing by this action and go hence without day.” We conclude the phrase “go hence without day,” should be construed as meaning that the Bank and Kerrigan may not pursue their respective claims further in the state court [888]*888action, but both may assert their claims to Mr. Head’s trustee in bankruptcy.

Accordingly, we affirm the trial court’s rulings requiring the deposit of $102,093.45, into the registry of the court, together with interest from the date of judgment. These rulings do not preclude the Bank and Kerri-gan from asserting any claims they may have to the bankrupt estate to Mr. Head’s trastee in bankruptcy.

JOANOS, WOLF and VAN NORTWICK, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

701 So. 2d 887, 1997 Fla. App. LEXIS 7723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/citizens-peoples-national-bank-v-head-fladistctapp-1997.

Opinion

Related

Cite This Page — Counsel Stack