Estate of Bain v. Bibolini

District Court of Appeal of Florida

Estate of Bain v. Bibolini

737 So. 2d 1238, 1999 Fla. App. LEXIS 10420, 1999 WL 565096

CourtDistrict Court of Appeal of Florida

DecidedAugust 4, 1999

DocketNo. 98-2589

StatusPublished

Cited by2 cases

This text of 737 So. 2d 1238 (Estate of Bain v. Bibolini) 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

Estate of Bain v. Bibolini, 737 So. 2d 1238, 1999 Fla. App. LEXIS 10420, 1999 WL 565096 (Fla. Ct. App. 1999).

Pincite

Opinion

PER CURIAM.

Because funds held in an escrow account maintained by the seller’s attorney for partial payment of a real estate commission were equitably owned by the broker to whom the commission was due,¹ they were, contrary to the ruling below, not subject to garnishment by a judgment creditor of the seller. Ginsberg v. Goldstein, 404 So.2d 1098 (Fla. 3d DCA 1981). Hence the judgment below is reversed with directions to order the funds paid to the appellant.

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PER CURIAM.

Because funds held in an escrow account maintained by the seller’s attorney for partial payment of a real estate commission were equitably owned by the broker to whom the commission was due,¹ they were, contrary to the ruling below, not subject to garnishment by a judgment creditor of the seller. Ginsberg v. Goldstein, 404 So.2d 1098 (Fla. 3d DCA 1981). Hence the judgment below is reversed with directions to order the funds paid to the appellant.

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Bluebook (online)

737 So. 2d 1238, 1999 Fla. App. LEXIS 10420, 1999 WL 565096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-bain-v-bibolini-fladistctapp-1999.

Opinion

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